Terms of Service

TERMS AND CONDITIONS

DAY TRADING STRATEGIES, LLC

2024-10-31

THIS AGREEMENT (“CONTRACT”) IS ENTERED INTO BETWEEN DAY TRADING STRATEGIES LLC (“PROVIDOR” OR “THE LLC”) AND THE USER (“USER”).

USER HEREBY AGREES TO USE THE WEBSITE OR SUBSCRIPTION (“SERVICE”), ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS OF SERVICE AND TERMS AND CONDITIONS (“TERMS”) BEING AN EXPRESS CONDITION SUCH USE, OF DAY TRADING STRATEGIES. SUBSCRIPTIONS FOR SUCH USE ARE IN RETURN FOR TIMELY PAYMENT TO THE LLC OF THE MONTHLY FEE (“THE FEE”), AS AGREED UPON AT THE TIME OF SUBSCRIPTION OR ANY SUBSEQUENT AGREEMENT BETWEEN THE PARTIES. THE FEE IS SUBJECT TO CHANGE AT THE LLC’S DISCRETION, WITH ANY ADJUSTMENTS REFLECTED IN A TIMELY UPDATE TO THE TERMS AND CONDITIONS. WITHOUT LIMITING THE FOREGOING, THE TERMS AND CONDITIONS APPLY TO ALL USERS, VISITORS, AND OTHERS WHO ACCESS OR USE THE SERVICE, VISIT THE SITE, OR VIEW THE CONTENT.

  1. ELECTRONIC SIGNATURE. PARTIES FORMALLY CONSENT TO THE USE OF ELECTRONIC SIGNATURES CONSISTENT WITH VIRGINIA CODE ANN § 59.1-479 ET SEQ.
  2. ALTERATIONS. USER SHALL BE NOTIFIED WITHIN 30 BUSINESS DAYS OF ANY PROPOSED ALTERATIONS IN THE MONTHLY SUBSCRIPTION PRICE,USER HEREBY AGREES THAT INCREASES IN SUBSCRIPTION PRICE SHALL BE BINDING UNLESS USER TERMINATES ITS SUBSCRIPTION.
  3. INDEMNIFICATION. USER AGREES TO INDEMNIFY AND HOLD HARMLESS THE DAY TRADING STRATEGIES LLC (“THE LLC”) FROM ANY AND ALL LIABILITY ASSOCIATED WITH THE USE OF THE LLC’S CODE, OR OBTAINED CONCURRENT WITH SUCH USE.
  4. DATA. USER CONSENTS TO THE RETENTION OF PERSONAL DATA FOR PURELY INTERNAL USES, AND AGREES AND ACKNOWLEDGES THAT PERSONAL DATA AND INFORMATION MAY BE NECESSARY FOR THE OPERATION OF THE BUSINESS, INCLUDING DISCLOSURE TO THIRD PARTY CONTRACTORS AND AGENTS.
  5. INTELLECTUAL PROPERTY. THE SUBSCRIPTION SERVICE AND ANY ORIGINAL CONTENT, FEATURES AND FUNCTIONALITY ARE AND WILL REMAIN THE EXCLUSIVE PROPERTY OF THE COMPANY AND ITS LICENSORS. THE SERVICE IS PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF BOTH THE COUNTRY AND FOREIGN COUNTRIES. OUR TRADEMARKS AND TRADE DRESS MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF THE COMPANY. 
  6. SCOPE. USER AGREES THAT THE CODE ISSUED BY THE LLC ARE ONLY FOR USE BY THE USER, AND MAY NOT BE DISTRIBUTED OR USED BY THIRD PARTIES, NOR MAY IT BE RELIED UPON BY THIRD PARTIES.
  7. RELEASE OF LIABILITY. USER FORMALLY WAIVES ANY RIGHT TO PROCEED AGAINST THE LLC FOR NEGLIGENCE, ACTIONS OR OMMISSIONS, OR ANY OTHER DEVIATION FROM A STANDARD OF CARE.
  8. ASSUMPTION OF RISK. USER ACCEPTS AND ASSUMES THE RISK OF DAY TRADING, AND ENTERING INTO FINANCIAL TRANSACTIONS, AND ACKNOWLEDGES THAT NO GUARANTEE, PROMISE, OR INDUCEMENT IS MADE BY THE LLC REGARDING THE OUTCOME OF ANY FINANCIAL INVESTMENT OR THE USE OF THE PRODUCT. USER ACCEPTS THE SERVICE PROVIDED, INCLUDING THE CODE, AS IS, AND AS AVAILABLE, AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND; AND EXPRESSLY WAIVES ALL WARRANTIES, WHETHER EXPRESS, OR IMPLIED, STATUTORY, OR OTHERWISE, AND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF TITLE AND NON-INFRINGEMENT, MERCHANTABILITY, COURSE OF DEALING WARRANTIES, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, AND FITNESS FOR A PARTICULAR PURPOSE.
    1. USER AGREES TO SEEK FORMAL ADVISE BEFORE MAKING ANY TRADES, EMPLOYING ANY SOFTWARE, OR UTILIZING ANY FUNDS OF CLIENTS. USER ACKNOWLEDGES THAT THE PROVISION OF CODE DOES NOT COMPRISE ANY FORM OF ASSERTION REGARDING THE LEGALITY OF ITS EMPLOY, OR THE COMPLIANCE WITH STATE OR FEDERAL REGULATIONS WHICH ACCOMPANY THE USE BY USER.
    1. THE LLC PROVIDES NO WARRANTY, PROMISE, ASURANCE OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET THE USER’S SPECIFICATIONS, NEEDS OR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
    1. NEITHER THE LLC NOR ANY OF THE LLC’S PROVIDERS, CONTRACTORS, SUBCONTRACTORS OR AFFILIATES, MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: I) AS TO THE OPERATION OR AVAILABILIY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICE; OR IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, OR MESSAGES SENT FROM OR ON BEHALF OF THE LLC ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE OR OTHER HARMFUL COMPONENTS.
  9. DISPUTE RESOLUTION. IN THE EVENT OF A DISPUTE BETWEEN THE USER AND THE LLC, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO THE USER SHALL BE THE RETURN OF THE SUBSCRIPTION FEE. IN THE VENT NO AMOUNT HAS BEEN PAID BY USER, THE SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE OR CAUSE OF ACTION ASSERTED AGAINST THE LLC SHALL BE $100 USD. USER EXPRESSLY AGREES TO WAIVE THE RIGHT TO CLAIM FOR CONSEQUENTIAL, INCIDENTAL DAMAGES. ALL DISPUTES SHALL BE DECIDED BY THE LAWS OF VIRGINIA, EXCLUDING ITS CONFLICTS OF LAW RULES, AND SHALL GOVERN THESE TERMS AN THE USER’S USE OF THE SERVICE. USER EXPRESSLY CONSENTS TO THE JURISDICTION AND VENUE OF THE COURTS OF FAUQUIER COUNTY, WITHOUT REGARD TO CONFLICT OF LAWS PROVISIONS.
  10. USER AGREES NOT TO REVERSE ENGINEER THE CODE, SOFTWARE, OR PLATFORMS EMPLOYED BY THE LLC.
  11. NO WAIVER. THE FAILURE OF EITHER PARTY TO ENFORCE THE TERMS OF THE AGREEMENT SHALL NOT COMPRISE IN ANY MANNER A WAIVER OF THE RIGHT TO SUCH ENFORCEMENT. EXCEPT AS PROVIDED HEREIN, THE FAILURE TO EXERCISE A RIGHT OR TO REQUIRE PERFORMANCE OF AN OBLIGATION UNDER THESE TERMS SHALL NOT EFFECT A PARTY’S ABILITY TO EXERCISE SUCH RIGHT OR REQUIRE SUCH PERFORMANCE AT ANY TIME THEREAFTER NOR SHALL BE THE WAIVER OF A BREACH CONSTITUTE A WAIVER OF ANY SUBSEQUENT BREACH.
  12. OPT OUT. USER AGREES AND ACKNOWLEDGES THAT CEASING THE SUBSCRIPTION SHALL OCCUR THROUGH THE “MY ACCOUNT” TAB AT THE TOP OF THE WEBSITE, OR THROUGH FORMAL NOTICE TO THE ADDRESS FOUND AT THE BOTTOM OF THE IMMEDIATE PAGE, AND AT THE BOTTOM OF THE LLC’S WEBSITE. USER ACCEPTS THE IMMEDIATE NOTICE PURSUANT TO § 59.1-207.46.
  13. SEVERABILITY. IF ANY PROVISION OF THESE TERMS IS HELD TO BE UNENFORCABLE OR INVALID, SUCH PROVISION WILL BE CHANGED AND INTERPRETED TO ACCOMPLISH THE OBJECTIVES OF SUCH PROVISION TO THE GREATEST EXCTENT POSSIBLE UNDER APPLICABLE LAW AND THE REMAINING PROVISIONS WILL CONTINUE IN FULL FORCE AND EFFECT.
  14. CHANGES. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY OR REPLACE THESE TERMS AT ANY TIME. IF A REVISION IS MATERIAL, WE WILL MAKE REASONABLE EFFORTS TO PROVIDE AT LEAST 30 DAYS’ NOTICE PRIOR TO ANY NEW TERMS TAKING EFFECT. WHAT CONSTITUTES MATERIAL CHANGE WILL BE DETERMINED AT OUR SOLE DISCRETION. BY CONTINUING TO ACCESS OR USE OUR SERVICE AFTER THOSE REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE NEW TERMS, IN WHOLE OR IN PART, PLEASE STOP USING THE WEBSITE AND THE SERVICE.
  15. TERMINATION. THE LLC RESERVES THE RIGHT TO TERMINATE OR SUSPEND THE ACCOUNT IMMEDIATELY, WITHOUT PRIOR NOTICE OR LIABILITY, FOR ANY REASON WHATSOEVER, INCLUDING WITHOUT LIMITATION THE BREACH OF THE TERMS AND CONDITIONS. UPON TERMINATION, THE USER’S RIGHT TO USE THE SERVICE WILL CEASE IMMEDIATELY. IF YOU WISH TO TERMINATE YOUR ACCOUNT, YOU MAY FOLLOW THE PROVISIONS ENLISTED AT THE END OF THESE TERMS.
    1. IN THE EVENT OF SUCH TERMINATION, THE LLC WILL CEASE CHARGING THE ACCOUNT.
  16. CONTACT. CONTACT US WITH ANY QUESTIONS ABOUT THESE TERMS AND CONDITIONS AT THE FOLLOWING SITES:
    1. By visiting this page on our website: [Daytradingstrategies.net/contact/]
    1. By sending us an email: [[email protected]]

CANCELLATION ADDRESS:

ATTN: REGISTERED AGENT, DAY TRADING STRATEGIES LLC

NORTHWEST REGISTERED AGENT LLC

4445 CORPORATION LN, STE 264

VIRGINIA BEACH, VA 23462-3262