Last updated: August 22, 2016
You are solely responsible for anything found within your posts, or your reliance on any information provided by the Capital Discussions LLC websites or other associated channels, and you agree to indemnify and hold Capital Discussions LLC and its affiliates, sponsors, or other partners and employees harmless from any claim or demand related to its use, including attorneys' fees.
All information on this website is for educational and informational purposes only and should not be construed as investment advice regarding the purchase or sale of securities, or any other financial instrument of any kind. Please consult with your financial advisor before making any investment decisions.
Capital Discussions LLC assumes no responsibility for the content of any posts on this forum, Twitter, YouTube or other associated channels, or for any results of your use of this information in trading or investment activities you undertake. The information provided on this website is not warranted against completeness or accuracy. Any trademarks or service marks referenced on this website are for identification purposes only, no claim is made to their use. The views expressed belong solely to their respective authors and do not necessarily reflect the views of Capital Discussions LLC, its affiliates, sponsors, or employees.
You understand and agree that the owners of Capital Discussions LLC shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use of or the inability to use the service(s), or any misuse of the service(s) in a manner not in accordance with their intended use.
Capital Discussions LLC reserves the right to disclose personal information or any content within its website or in its possession when required by law, or to protect and defend the rights or property of Capital Discussions LLC or its visitors.
Some posts or sections of the forum allow you to download items to your personal computer. You understand that Capital Discussions LLC does not guarantee in any way that these items are safe, and in fact recommends you assume they are not safe and take all possible precautions if you want to use them. You are taking full responsibility for any item you download and agree to indemnify and hold harmless Capital Discussions LLC. If in doubt about whether a download is safe, you should not install or use it. This is especially true of any file in which you cannot read the source code directly. In addition, if you do find any item to be malicious, you should Report it immediately to the moderators so it can be reviewed for prompt removal.
Capital Discussions LLC has a strict policy of prohibiting the publication of copyrighted material on our site. You may not under any circumstances upload any copyrighted material. In the event you discover copyrighted material on the site, you should immediately report it to the moderators using the Report Post feature of the website so it can be reviewed for prompt removal. Capital Discussions LLC reserves the right to remove any material found to be infringing on other’s intellectual property.
Capital Discussions LLC welcomes discussion and debate on its forums so long as it is kept positive. We do not tolerate slander or rude/offensive behavior. In the event you discover questionable content on the site, you should immediately report it to the moderators using the Report Post feature of the website so it can be reviewed for prompt removal.
Membership within the Capital Discussions LLC community is not a right. Your membership may be revoked at any time, for any reason.
In addition, you agree to the following:
Take note that Capital Discussions LLC will NEVER send you any emails asking you for sensitive information like your broker username, password or any sensitive account information. You should report phishing attempts to your broker immediately so they can contact law enforcement.
We have a zero tolerance policy with vendors using posts on our forum to promote their business without prior permission. If you are affiliated with a vendor or are selling anything then you must notify us before making any post so that your account is clearly flagged as a vendor. Further, vendors are not permitted to make any posts in which you promote your business in any way. This means no promotional posts linking to your website, blog, videos, screenshots showing indicators or systems, or any discussing of products, services, testimonials. Doing so will result in you being banned.
Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
You must consider all relevant risk factors, including their own personal financial situation, before trading.
Options are not suitable for all investors as the special risks inherent to options trading may expose investors to potentially rapid and substantial losses. Please read Characteristics and Risks of Standardized Options before investing in options. Supporting documentation for any claims, comparisons, recommendations, statistics, or other technical data, will be supplied upon request.
Futures and forex trading involves speculation, and the risk of loss can be substantial. Trading foreign exchange on margin carries its own unique risk factors. Forex investments are subject to counter-party risk, as there is no central clearing organization for these transactions. Please read the Forex Risk Disclosure before considering the trading of this product. A forex dealer can be compensated via commission and/or spread on forex trades. Futures and forex accounts are not protected by the Securities Investor Protection Corporation (SIPC).
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.
Capital Discussions LLC reserves the right at any time to limit access to, modify, change or discontinue the services of this site with or without notice to You and we shall not be liable to you for any such modification, suspension or discontinuance of the services.
We reserve the right to amend and update this Agreement in whole or in part at any time in our sole discretion, without notice. All such updates come into effect immediately upon their posting. We strongly advise you to visit this web page often to remain updated on the latest provisions of this Agreement. Your continued use of this Website constitutes your acceptance of the amended Agreement and Terms and Conditions.
Membership to the Website is void where prohibited.
By registering on this Website or using any of the features thereof, you represent and warrant that –
(a) You have the right, authority, and capacity to enter into this Agreement;
(b) You shall abide by all the terms and conditions set forth herein, as well as any applicable law for the time being in force;
(c) Your use of the Website does not violate any rights of the third party;
(d) Any information provided on the Website at any time is truthful and accurate to the best of your knowledge;
(e) You shall, at all times, keep your information on the Website current and updated;
(f) You shall create and maintain only one account on the Website, and that too for exclusive personal use;
(g) You shall refrain from indulging in, disseminating or promoting any kind of obscenity on the Website either directly or indirectly; and You shall not use any feature(s) available on or through this Website for the purposes of revenge or as a medium to vent your ire against any company.
(h) Membership is available only to those eighteen (18) years of age and older.
(i) Membership is disallowed wherever prohibited by user’s local laws.
The violation of any of the provisions contained hereinabove may result in termination and/or suspension of your membership on the Website. Notwithstanding anything to the contrary contained herein, we reserve the right, in our sole discretion, to delete all the ratings/comments/postings of the offending member.
In case of termination of membership, we reserve the right to retain any and all your information for administrative and legal obligations, for such duration of time as required under the applicable law.
The members shall be solely responsible and liable for:
(a) the maintenance of confidentiality and security of their password;
(b) any disclosure of their password to any third party via any medium whatsoever;
(c) using the account of any other member, at any time;
(d) all authorized or unauthorized uses of their account; and
(e) Notifying the Company immediately in case of a suspected breach of their account.
Reserved Right of Termination
Notwithstanding anything to the contrary contained herein, we reserve the right to terminate your membership of the Website at any time without any notice to anyone, and for any reason whatsoever including, without limitation, violation of:
a) any provision contained herein; or
c) Any applicable law.
Membership of the Website is free. However, we reserve the right to make membership or access to any feature(s) of this Website chargeable, and to change the fee structure from time to time in our sole discretion. We further reserve the right to sell goods/services through the Website on payment of requisite charges.
Besides free membership, the Website also offers content available to paying members. Paying members have access to certain privileged and reserved sections of the Website, which provide better services and features.
This Website contains text, blog posts, images, logos, videos, sounds, graphics, artwork, other works of authorship, or other materials (collectively referred to as ‘Content’), which is either proprietary to the Company or the Company has a valid license from its owner(s) to use such Content on the Website. This Content is protected by national and international intellectual property laws and treaties pertaining to copyright, trademark, patents, trade secret and other laws. We retain all rights in such Content on the Website.
The Company hereby grants you a limited, revocable and non-sub-licensable license to download, display, and reproduce the Content (excluding any software code) solely for your personal use in connection with viewing the Website and using any features thereof. Any use of Content outside the scope of this license is strictly prohibited.
Members posting any content on the Website, as restricted by the Acceptable Use Policy of these Terms and Conditions, including without limitation, text, ratings, reviews, comments, blog posts, images, logos, videos, sounds, graphics, artwork, other works of authorship, or any other materials (collectively referred to as ‘User Content’), shall enjoy full ownership to such User Content.
However, by posting any such User Content on the Website, you hereby grant the Company a limited, worldwide, non-exclusive, irrevocable, sub-licensable, fully-paid and royalty-free license to use, modify, publicly perform, publicly display, adapt, reproduce, and distribute such User Content on or through this Website or any online or offline media that the Company develops in future.
Acceptable Use Policy
The following User Content is not permitted from being posted on any feature of the Website:
a) false, inaccurate, harmful, threatening, abusive, violent, harassing, tortuous, defamatory, obscene, sexually repulsive, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b) impersonating any person or entity or falsely state or otherwise misrepresent anything or anyone;
c) transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to disrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
d) soliciting passwords or personally identifying information for commercial or unlawful purposes from other users;
e) providing instructional information about illegal activities;
f) content that might infringe on the services of the Website or in any way interfere with the operation of the Website, including transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
g) using any robot, spider, any automatic device, or manual process to monitor or copy the Website pages on this Website;
h) accepting payment or anything of value from other users or a third person in exchange for your performing any commercial activity on or through the Website, including without limitation, placing commercial content on member’s profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose.
Member Representations and Warranties
By posting any User Content on this Website, you represent and warrant that:
(a) you will abide the terms and conditions of this Website, and all applicable laws;
(b) you are the full owner of such User Content, or otherwise have the right to grant license set forth in the aforementioned Clause ‘User Posted Content’;
(c) you will not submit reviews or commentary generally considered by the average viewer of such content as either harassing, libelous, abusive, threatening, obscene, profane, hateful, unlawful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable in any way;
(d) the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person;
(e) the User Content does not violate any provision(s) contained herein or any other applicable law;
(f) you shall be solely responsible for the payment of all royalties, fees, and any other amount owing to any person for the User Content being proprietary to a third party;
(g) in case of ratings and/or comments about companies and organizations, such User Content are true and correct to the best of your knowledge;
(h) With regard to such User Content, you shall be solely responsible for violation of any contractual obligation with any person.
(a) The Company neither endorses nor recommends any company or organization, the ratings of which are provided on the Website. Furthermore, the Company disclaims any liability arising out of the posting of User Content. Nothing contained herein is intended to waive that continuing immunity.
(b) The Company is not responsible for any reliance made on the content on its Website by anyone or for accessibility or unavailability of any content on its Website.
(c) The Company does not claim any control or monitoring over the User Content nor does the Company necessarily review the User Content prior to posting. The User Content does not necessarily reflect the opinions or policies of the Company. We, therefore, make no warranties, express or implied, as to the User Content or to the accuracy and reliability of such User Content.
(d) We may, in our sole discretion and without any obligation, at any time without assigning any reason to anyone, monitor the User Content and remove any User Content. However, we disclaim any responsibility for the User Content to modify or remove any inappropriate User Content; and for the online or offline conduct of the user submitting any such User Content.
(e) We shall not be liable for any inaccuracy in the Content accessible through the Website, or the websites that are accessible from this Website through external links. Such linked third party websites are not controlled or verified for accuracy or completeness by the Company;
(f) We shall not be liable for any losses, monetary or otherwise, originating out of any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
(g) We reserve the right to modify or discontinue the Website with or without any notice to anyone. You understand, acknowledge and accept that we do not guarantee uninterrupted or secure access to this Website, as the operation of this Website may be interfered with or adversely affected by numerous factors or circumstances beyond our reasonable control. (h) We shall not be liable for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer related to or resulting from participating or downloading materials in connection with this Website.
(i) This Website is provided on an “AS IS AND AS AVAILABLE” basis. Therefore, we disclaim any warranty of fitness for a particular purpose, merchantability, or periods of non-availability.
(j) This Website is not monitored for intellectual infringement made by User Content. Please contact us for making notice known of any infringements claimed by using the notice information contained herein.
(k) The Company does not guarantee any specific investment results from the use of this Website.
(l) No advice or information, whether oral or written, obtained from the Company or the Website shall create any warranty not expressly stated in this Agreement.
(m) All information on this Website is for educational and informational purposes only and should not be construed as investment advice regarding the purchase or sale of securities, or any other financial instrument of any kind. Please consult with your financial advisor before making an investment decision.
(n) Any trademarks or service marks referenced on this website are for identification purposes only, and no claim is made to their use.
(o) We shall not be liable for disclosing any personal information when required by law, or to protect and defend the rights or property of the Company or its visitors.
(p) This Website or any part thereof may allow you to download items to your computer system. We do not claim or guarantee in any way that these items are safe. We recommend you to take all necessary precautions to ensure your computer system does not get damaged in case of any malicious software downloaded from the Website. In case you find any malicious item for download on the Website, you should immediately report to the moderators for remedial action. You further agree to indemnify and hold the Company harmless from any claim whatsoever in such cases.
(q) We do not send any emails asking you for sensitive information, including without limitation, your broker username, password or any sensitive account information. Further, we recommend immediate reporting of phishing attempts to your broker for remedial action.
(r) Futures and Options Trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to buy/sell futures, stocks or options on the same. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those discussed on this Website. The past performance of any trading system or methodology is not necessarily indicative of future results.
(s) Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not been executed, the results may have under-or-over compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will, or is likely to, achieve profit or losses similar to those shown.
(t) No representation is being made that any account will, or is likely to, achieve profits or losses similar to those discussed within this Website. Our course(s), products and services should be used as learning aids only and should not be used to invest real money. If you decide to invest real money, all trading decisions shall be your own and at your sole risk.
Intellectual Property Policy
We respect the intellectual property rights of every person and expect the same from our members. Any material infringing on the copyrights of any other person is strictly prohibited from being posted on the Website. Any member found in violation of this Copyright Policy shall be liable for termination of the membership account.
Without limiting the foregoing, if you believe that your rights are being infringed on the Website in a way that constitutes intellectual property infringement, please feel free to contact us. We will require following information, consistent with the Digital Millennium Copyright Act (DMCA), to deal with the complaint effectively and timely:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. a written statement to the effect that you are acting on good faith belief that the disputed use of the work is not authorized by the copyright owner, its agent, or the law;
6. A statement to the effect made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Third Party Links
Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event shall the Company be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the features offered on or through this Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the use of features offered on or through this Website during the term of your membership.
You understand and agree that the Company and this Website shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use of or the inability to use the service(s), or any misuse of the service(s) in a manner not in accordance with their intended use.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, partners and other agents from and against any and all claims and demands, including attorney’s fees, arising from your use or access of this Website; your violation of any provision(s) contained herein; or your violation of any third party right(s).
This Agreement operates to the fullest extent permissible by the applicable law. If any provision(s) contained herein is declared unlawful, void or unenforceable by a competent court of jurisdiction, such provision(s) shall be deemed severable from this Agreement, and shall not affect the validity and enforceability of the remaining provisions.
Any dispute involving this Agreement shall be governed by the laws applicable in Florida, without giving effect to any conflict of law provisions of any other venue where any action might be brought. You agree and consent to the exclusive jurisdiction of the courts found in Florida, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Website and its services or pertaining to this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
If you have any questions in regard to this Agreement, please contact us:
Capital Discussions LLC
3118 Florida Blvd., Unit 106
Delray Beach, FL 33483-4614
+1 561-431-0252 FAX