1. General. The Content of this Site, including all text, graphics, images, and other material are for informational and educational purposes only. Simplicity Trading Systems, LLC is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The information, data, analyses and opinions presented herein do not constitute investment advice and are provided solely for informational purposes. The information herein does not constitute an offer to buy or sell a security and is not warranted to be correct, complete or accurate. The opinions expressed are as of the date written and are subject to change without notice. Except as otherwise required by law, Simplicity Trading Systems, LLC, its affiliates, and their officers, directors and employees shall not be responsible or liable for any trading decisions, damages or other losses resulting from, or related to, the information, data, analyses or opinions or their use. You should seek the advice of your financial, legal, tax, business and/or other consultant(s) before making any investment decisions.
2. No Warranty. The Content and information provided through the Site is believed to be accurate, but neither Simplicity nor its information suppliers warrant or guarantee such accuracy. The information and Content provided through this Site are subject to change without notice. The Site, information and Content are provided on an “AS IS” and “AS AVAILABLE” basis at your own risk. You acknowledge and agree that Simplicity has no obligation for any errors or any warranty, express or implied of any kind whatsoever (including without limitation, warranties of title or non-infringement, or any warranties of merchantability or fitness for a particular purpose) with regard to the Content or the Site under these Terms. You further acknowledge and agree that Simplicity, to the maximum extent permitted by applicable law, disclaims and shall have no other warranty obligation whatsoever with respect to the Content, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty under these Terms will be solely as permitted under these Terms. Simplicity does not warrant or represent that the Site or the Content are accurate, error-free or reliable or that your use of the Site or information will not infringe rights of third parties.
3. Ownership, IP. The Site, information provided and all Content is the property of Simplicity or its content suppliers. You have no rights or interests therein except as set forth in these Terms. You agree that you will not copy any Content from the site other than for your own personal use and shall not make any such Content available to third-parties. You further agree that you will not remove, obscure, or alter any copyright and trademark notices which may be contained within the Content or Site. SIMPLICITY TRADING SYSTEMS, the Simplicity Trading Systems Logo, DISCOVERY, ENDEAVOR, SMART GET OUTS, SMART SYSTEMS and SWING VARIANT are trademarks of Simplicity. All other trademarks appearing on the Site are the property of their respective owners.
4. User Account. Simplicity may require you to create a user account to view Content through our Site. If you are under the age of 18, Simplicity requires that you inform your parent or guardian and have their consent to open a user account.
6. Passwords/Security. You shall be solely responsible for the security, confidentiality and integrity of your account and the information that you receive, transmit or store via the Site. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Site with your password.
7. DAMAGES LIMITATIONS. To the maximum extent permitted by applicable law, in no event shall Simplicity or its licensors or agents be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, litigation, or any other pecuniary loss, including loss of goodwill or reputation, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the use or performance of the Site or the Content. You acknowledge and agree that neither Simplicity, its licensors or agents are liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the Site or Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for herein.
8. Links. Simplicity may provide links to third-party web sites. Simplicity does not recommend and does not endorse the content on any third-party websites and is not responsible for the content of any third-party sites. Your use of or reliance on any third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
9. Compliance with Law. You agree that you will not use the Site for activities prohibited by state or federal law or other applicable rules or regulations. Simplicity makes no claims regarding the Site or Content outside of the United States. If you access the Site or Content from outside the United States, you do so at your own risk.
10. Complete Agreement. These Terms constitute the entire agreement and understanding among the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, inducements and conditions expressed or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof.
11. Binding Effect. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and assigns.
12. Assignment. These Terms and your user account may not be assigned with the express, prior written consent of Simplicity, which consent may be withheld at its sole discretion.
13. Notices. All Notices as required under these Terms shall be in writing and shall be deemed given when: (i) delivered electronically, personally or by respected international carrier; (ii) three (3) business days after the date sent by certified mail, postage prepaid with return receipt requested. Notices to Company shall be made to: by email: email@example.com by mail or courier: Simplicity Trading System, LLC P.O. Box 101031 Cape Coral, FL 33910-1031.
14. Choice of Law, Venue. These Terms and Conditions are governed by Florida law, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with Simplicity, or in any way relating to your use of the Simplicity Site, is within the courts of the State of Florida and further agree and expressly consent to the exercise of personal jurisdiction in the courts of Lee County, Florida in connection with any such dispute.
15. No Waiver. Simplicity’s failure to insist upon strict enforcement of any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
16. Severability. The provisions of this Agreement shall be severable. Any section, paragraph, clause or provision of this Agreement which is found to be unenforceable or invalid shall not affect the enforceability or validity of any other section, paragraph, clause or provision of this Agreement.