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Terms and Conditions

1. Acceptance of Terms

These Terms of Use (the “Terms”) govern Your use of any websites (“Sites”) or other Services owned by Power of 3 Trading that display or link to these Terms. If You do not agree to the terms and conditions contained in the Terms, You may not access the Services.

 

In addition, when using any of our Services, You and Power of 3 Trading shall be subject to any other posted guidelines or rules applicable to such Services. These guidelines or rules are hereby incorporated by reference into the Terms.

Subject to and in compliance with the terms and conditions set forth herein, Power of 3 Trading may provide its users with access via the Sites to:

  • Free content, including blogs and forums written by our employees and contractors, emails, podcasts, webinars, and content created by our users (“User-Generated Content”), and free content written or provided by third parties, which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”) (together, the “Free Service”).

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2. Changes to the Terms and Our Services

We reserve the right at any time to:

  • Change the terms and conditions of the Terms;

  • Change all or any portion of the Services; or

  • Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

 

Any changes we make to the Terms will be effective immediately after we post the modified Terms on our Sites. The applicable Terms are the most recent version of the Terms posted on our Sites.

 

3. Important Disclaimer Regarding the Information We Provide

Power of 3 Trading provides educational services. You understand that no content published as part of the Sites or Services constitutes a recommendation that any particular investment, security, portfolio of securities. You further understand that none of the creators or providers of our Sites or Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities. Therefore, You should not attempt to contact them seeking personalized investment advice.

You understand that the views expressed in the Sites and Services are the authors’ own opinions. The Sites and Services may contain opinions from time to time with regard to securities mentioned in other Sites or Services, and that those opinions may be different from those obtained by using another portion of the Sites or Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.

Third-Party Content is not subject to Power of 3 Trading’s investment policy and, therefore, the preceding paragraph does not apply to Third-Party Content. Power of 3 Trading makes no representations regarding Third-Party Content, nor is Power of 3 Trading liable for Third-Party Content.

From time to time, we may reference prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. Markets change continuously. Therefore, You should not rely on previously published information and data.

 

4. Registration and Privacy

In order to gain access to portions of the Sites or Services, You must create an account. In consideration of Your use of the Sites or Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate, current and complete information about Yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it accurate, current and complete.

 

5. Power of 3 Trading’s Proprietary Rights

The Sites and Services and the content distributed through the Sites and Services, not including any User-Generated Content or Third-Party Content, is the property of Power of 3 Trading and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Sites or Services, solely for Your personal, noncommercial use.

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You acknowledge that You do not acquire any ownership rights by using the Services. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Power of 3 Trading, deemed to be property of Power of 3 Trading, and by submitting such content You irrevocably assign any and all rights to such content to Power of 3 Trading.

 

6. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. You may, however, link to the Services on any bulletin board, newsgroup, website or chat room (“Third-Party Site”). Modification of the Services content or use of the Services content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights and can subject You to legal liability.

In addition, in connection with Your use of the Sites and Services, You agree not to:

  • Restrict or inhibit any other visitor from using the Sites or Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;

  • Use the Services for any unlawful purpose;

  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;

  • “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;

  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our Sites; or

  • Harvest or collect information about Sites or Services users without their express consent.

 

You also agree that at all times You will:

  • Comply with all applicable laws, rules and regulations in connection with Your use of the Sites and Services and the content made available therein;

  • Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used; and

  • Waive any and all rights against Power of 3 Trading and hold Power of 3 Trading harmless in connection with any claims relating to any action taken by Power of 3 Trading as part of its investigation of a suspected violation or result of its conclusion that a violation of the Terms has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account.

 

7. User-Generated Content and Forums

Certain public areas of the Sites may allow You to post content that can be accessed and viewed by the public in general. Certain areas of the Sites enable You to access online forums where You can post messages (“comments”) and read messages posted by other users (the “Forums”). Power of 3 Trading may also use third-party webinar tools that allow You to access online chats where You can post comments and read messages posted by other users (the “Chats”).

You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of the Sites, in the Forums, or in similar mediums elsewhere in the Sites, are the sole responsibility of the person who created the content. You acknowledge that You, and not Power of 3 Trading, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via the Sites or Services. Power of 3 Trading does not endorse, and specifically disclaims any responsibility or liability for, any content posted by You on the Sites, in the Forums, or in the Chats, or in similar mediums elsewhere in the Sites, regardless of whether Power of 3 Trading selects the specific topic in response to which you are posting, where applicable. Power of 3 Trading does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the Terms and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content. By posting a message or providing any User-Generated Content on the Sites, in the Forums, or in the Chats, You agree to be bound by the Terms. If You do not want to be bound by these Terms, do not use the Sites, the Forums, or the Chats.

You must also abide by the following rules in connection with Your use of the Service when posting in a Forum, Chat, or elsewhere on the Sites:

  • You agree that Your name will be displayed to other users of the Forums or the Chats. Power of 3 Trading will display the full name (i.e., first and last) which You provided when You registered to use the Sites or purchased a Premium Service, unless You specifically request to change this name and are granted permission to do so by us;

  • You agree to post only messages that relate to the subject matter therein, where applicable;

  • When posting about a particular investment, security, portfolio of securities, Digital Asset, portfolio of Digital Assets, or other transaction, you agree to reveal any ownership interest and/or other affiliation in such investment, security, portfolio of securities, Digital Asset, portfolio of Digital Assets, or other transaction; and

  • You agree to abide by specific rules of the Forum, Chat, or similar medium on the Sites as set forth by Power of 3 Trading for particular areas.

The following is an incomplete list of illegal and prohibited uses of Services. Power of 3 Trading may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.

You agree not to use Power of 3 Trading Services to:

  • Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment You post;

  • Express or imply that any statements You make are endorsed by us, without our prior written consent;

  • Post any content that is unlawful, harmful or injurious to others, inappropriate, indecent, threatening, abusive, offensive, harassing, derisive, defamatory, profane, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable;

  • Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights and/or post any address, email, phone number, or any other contact information of another person without the written consent of the owner of such information);

  • Impersonate any person, firm or entity, including, for example, a Power of 3 Trading employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Post any content which, in either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization;

  • Post any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion;

  • Offer to sell or buy any product or service or use the Site or Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services. This includes, among other things, conducting contests, “junk mail”, “spam”, “chain letters”, and “pyramid schemes”;

  • Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;

  • Upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer;

  • Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security;

  • Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or

  • Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Commodity Futures Trading Commission, U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market.

 

You may post only content You own, or content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain. You agree to be fully responsible for Your own postings and agree to access and use the Sites, the Forums, and the Chats at Your own risk on an as-is basis. While Power of 3 Trading has no obligation to monitor User-Generated Content, it may, from time to time, monitor User-Generated Content to determine whether postings comply with the Terms, to guide the discussion in the Sites, on the Forums, or in the Chats, for other reasons or no reason at all. Power of 3 Trading cannot and does not guarantee that it will post or continue to post every message or other content You or other users submit. Also, Power of 3 Trading reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Power of 3 Trading’s sole discretion.

Power of 3 Trading expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the Sites, You hereby grant, transfer and assign Power of 3 Trading, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. Power of 3 Trading does not and cannot review all of the User-Generated Content posted by users on the Sites or Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to Power of 3 Trading. Your use of any User-Generated Content shall be at Your own risk and Power of 3 Trading makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. You understand that by using the Sites or Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although Power of 3 Trading reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.

YOU UNDERSTAND THAT POWER OF 3 TRADING DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.

Power of 3 Trading retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its Sites at any time. Without limiting the foregoing, Power of 3 Trading has the right to delete any User-Generated Content that Power of 3 Trading believes, in its sole discretion, does or may violate the Terms.

From time to time, an appropriate Power of 3 Trading employee or contractor may start a topic, respond to a question or attempt to clarify an issue being discussed. Power of 3 Trading does not intend to respond to every question or issue presented. Power of 3 Trading intends to participate where it deems best in its sole discretion and consistent with the terms of its Services. Power of 3 Trading employees and contractors will be clearly designated. Power of 3 Trading employees and contractors and any other “hosts” or participants from Power of 3 Trading are not financial advisors. Power of 3 Trading does not provide investment or trading advice.

What to do if You believe a post violates these Terms of Use:

If You believe that a post in a Forum, in a Chat, or elsewhere on the Sites violates these Terms, we encourage You to contact Power of 3 Trading. Power of 3 Trading cannot guarantee that any action will be taken as a result of Your email.

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8. Links to Other Websites, Sweepstakes, and Viral Links

Your use of certain features and certain Third-Party Content made available to You by Power of 3 Trading may be governed by additional rules, which are available on our Sites or by hyperlink from other websites and the External Websites, in connection with the Services. By using any such feature, You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use, including without limitation any content provided by an External Website. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties, including without limitation, any Third-Party Content and tools provided by the External Websites, is solely at Your own risk.

Any Third-Party Site that links to our Sites (a) must not suggest or imply that we are sponsoring or endorsing such Third-Party Site’s product, unless Power of 3 Trading has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of Power of 3 Trading; and (c) must not display any excerpt of our Site’s content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.

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9. Indemnification

You agree to indemnify, defend and hold harmless Power of 3 Trading our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the Terms; (b) Your use of the Services, any Third-Party Sites or any External Website; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

 

10. Termination

Power of 3 Trading reserves the right to restrict, suspend or terminate Your use of and registration on any of its Sites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. Power of 3 Trading reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of Power of 3 Trading, Your membership in the Premium Services, in the event You violate the Terms. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee You paid.

You may terminate Your user account, username, member name any associated email address and access to the Services by submitting such termination request to us.

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