Please read this agreement carefully before using BRECHER TRADING Services.
This Agreement is made between Brecher Trading, LLC and you, the user and/or member of the Services (“you” or “Subscriber”).
Brecher Trading, LLC, its officers, employees and contractors (“we,” “us” or “Brecher Trading”) provides the website known as BrecherTrading.com and other information, including, among other things, videos, email newsletters and forum posts, subject to your compliance with the terms and conditions set forth in this Agreement. Collectively, your use of the website and other information, including video updates and email newsletters, shall be referred to as the “Services”.
By using the Services, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, you may not use the Services. You must be at least 18 years of age to use the Services. If you are not at least 18 years old, you may not access or use the Services.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Services, including eliminating or discontinuing any content on or feature of any of the Services; or
- Change any fees or charges for use of the Services.
Any changes we make will be effective seven (7) days after notice of any change is provided to you, which may be done by any means including, without limitation, posting on the Services or via electronic mail. Your use of the Services after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non‑electronic version of this Agreement.
The Services are provided for general informational purposes only. None of the Services is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The Services should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You alone bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment.
We do not warrant that any information, data, strategies or ideas presented are correct, incorrect, accurate or inaccurate. Regardless of how information and ideas are presented, Brecher Trading and all content providers on Brecher Trading are stating their personal opinion. You are responsible for the formation of your own opinions independent from any information/data gathered through the use of Brecher Trading. There are no implied warranties either to trading outcome or software.
Investing in all financial markets is risky. You acknowledge the risk involved in trading in the financial markets and uses the Services at your own risk. You can lose all of your investment or more.
Refund Policy. THE CURRENT MONTH is NON-REFUNDABLE. Cancellation will take effect at the end of the subscription period in which we receive your notification provided your cancellation is received more than three business days prior to the end of the subscription period.
Please send an email to [email protected] to initiate the cancellation process. Be sure to specify “Cancellation request” in the subject line of the email to ensure prompt attention to the request.
As a monthly subscriber, you agree that your credit card will be charged the monthly subscription fee in effect on the date the charge is made. You agree to waive all chargeback rights other than in the case of a charge initiated after the effective date of cancellation.
Termination. This Agreement shall remain in effect until terminated in accordance with its terms. Brecher Trading, LLC may terminate this Agreement, and/or your access to and use of the Services or any portion thereof, immediately, in our sole discretion. If the subscription is terminated for “any reason” in the sole discretion of Brecher Trading, you will not receive a refund of any consideration paid for the subscription unless Brecher Trading, in its sole discretion, determines that a pro-rated refund is warranted.
Conflicts and Disclosure Policy. We discourage any employee or officer of Brecher Trading to hold positions in individual stocks that may be mentioned in the course of business in Brecher Trading, unless fully disclosed. However, since the Stock Market is so fluid, we cannot guarantee any absence conflict of interest.
Code of Conduct. While using the Services you agree not to:
- Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Services;
- Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non‑public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; “Frame”, “mirror” or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about the Service’s visitors or members without their express consent; copy, download or rebroadcast any video files made available as part of the Services or permit anyone else not residing in Subscriber’s household to use any of the Services through your subscription, username or password.
While using the Services you agree to comply with all applicable laws, rules and regulations.
Submissions. Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), you grant us and our designees a worldwide, non‑exclusive, sublicensable (through multiple tiers), assignable, royalty‑free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed 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 Materials.
Services and Tools. Your use of certain Services may be governed by additional rules, which are available on BrecherTrading.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all Services is solely at your risk.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material hosted by Brecher Trading, LLC infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter‑notice. Notices and counter‑notices must meet the then‑current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter‑notices with respect to the Services should be sent via electronic mail to [email protected]. We suggest that you consult your legal advisor before filing a notice or counter‑notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Restrictions on Use. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.
Brecher Trading is a trademark and/or service mark of Brecher Trading, LLC All other trademarks, service marks, and logos used by Brecher Trading are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Services are solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantity or type of any such service or product that we provide.
Links to Other Websites. Brecher Trading.com may contain links to other Internet websites or resources. We neither control nor endorse such other website, nor have we reviewed or approved any content that appears on such other website.
You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, Services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. The Services, the materials provided by the Services, and any product or service obtained or accessed through the Services are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Brecher Trading, LLC and its officers, employees, contractors, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non‑infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Brecher Trading, LLC and its officers, employees, contractors, suppliers, agents and sponsors do not warrant that your use of the Services will be uninterrupted, error‑free, or secure, that defects will be corrected, or that the Services or the server on which BrecherTrading.com, and its affiliated sites, are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice, or statement of Brecher Trading, LLC or its officers, employees, contractors, suppliers, agents, Subscribers, or visitors, whether made through the Services or otherwise, shall create any warranty. Your use of the Services and any materials provided by the Services are entirely at your own risk.
You acknowledge that the internet and email are not 100% reliable. There may be times where you do not receive an electronic communication from Brecher Trading. You agree that any electronic communication is provided as a convenience and that the primary source of the Services is the Brecher Trading website. You agree that it is your responsibility, if you do not receive any expected electronic communication, to check any spam filters or folders and to access any Brecher Trading information on the Brecher Trading website, www.BrecherTrading.com, and use your assigned username and password. Brecher Trading is not responsible for your failure to receive any specific electronic communication, access the website or view any videos published on the website.
A possibility exists that the Services could include inaccuracies or errors, or materials that violate these Terms of Service (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to the Services’ completeness or correctness. In the event that such a situation arises, please contact us via electronic mail to [email protected] with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement” above.
Limitation of Liability. Neither Brecher Trading, LLC nor its employees, officers, contractors, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Services and/or content contained on the Services, or any product or service purchased through the Services.
Your sole remedy for dissatisfaction with the Services and/or content contained within the Services is to stop using the Services. The sole and exclusive maximum liability for all damages, losses, and any causes of action whether in contract, tort (including, without limitation, negligence), or otherwise shall be the then-current monthly subscription fee charged to access the Services at the time of initiation of any dispute.
Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, contractors, suppliers and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) any breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services; any damages or losses arising from an external hack of our services or any payment information.
Arbitration. Any controversy or claim, other than an action for injunction which shall solely be brought in a Federal or State court located in Palm Beach County, Florida, arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from Brecher Trading regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Palm Beach County, Florida. You agree that the prevailing party in an arbitration between you and Brecher Trading shall be entitled to reimbursement of reasonable attorneys’ fees and costs and that the arbitrator shall include an amount of attorneys’ fees and costs in the award. Subscriber waives any and all rights to initiate an arbitration as a collective, class or other group action against Brecher Trading. Subscriber agrees that any action brought against Brecher Trading shall be solely in Subscriber’s name and on Subscriber’s behalf.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any dispute not otherwise governed by the agreement to arbitrate contained herein. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. You agree that the prevailing party in any court proceeding shall be entitled to an award of reasonable attorneys’ fees and costs.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all of Brecher Trading’s policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information: Current rates for our Services may be obtained via electronic mail at [email protected]. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
Complaints should be directed to: [email protected].