TERMS AND CONDITIONS: MUST READ AND COMPLY BEFORE COMPLETING ANY PURCHASE.
CAREFULLY READ THE FOLLOWING AGREEMENT! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY CHECKING THE BOX NEXT TO “I AGREE TO THE TERMS AND CONDITIONS”, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, LEAVE THE CHECKOUT PAGE WEBSITE. CELER WEALTH, LLC PROVIDES YOU ITS LICENSED MATERIAL SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND ON THE EXPRESS CONDITION THAT YOU ACCEPT BY CLICKING THE “ACCEPT” BUTTON BELOW AND COMPLY WITH THEM. YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND YOU HAVE THE RIGHT, POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT.
Please contact us at firstname.lastname@example.org for any queries.
This is an Agreement (hereinafter referred to as the “Agreement”) between You and Celer Wealth, LLC. The terms “You” or “Your” as used in this agreement means the person, entity, organization or company who is being licensed to use the Licensor Materials (as defined below) in association with this Agreement. The terms “We”, “Our” and “Us” as used in this agreement means Celer Wealth, LLC.
We produce and own a subscription newsletter for futures trading to traders and investors, which We distribute by email and/or the Internet. Our subscription newsletter shall be referred to in this Agreement as the “Licensed Materials”. Our Licensed Materials fall under the First Amendment right to Freedom of Speech and Press. Celer Wealth, LLC, its principals, managing member, and employees, are not financial advisors or broker dealers nor registered investment advisors.
You wish to obtain a subscription to Our Licensed Materials under the terms and conditions set forth herein and below.
Before becoming a subscriber to the Licensed Materials, You agree and represent to us that You have read and agreed to the Terms and Conditions provided herein and on Our website. We may change the subscription Terms and Conditions from time to time without notice to You. By using Our Licensed Materials following any modifications to the subscription Terms and Conditions, You agree to be bound by any such modifications. By subscribing to Our Licensed Materials, You agree to receive product information, advertisements, promotions, etc., by email from Us.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH that, in consideration of the premises and mutual covenants contained herein, You and Celer Wealth, LLC agree as follows:
1. LICENSED MATERIAL. Our “Licensed Materials” consist of and shall mean Our newsletter. It is a commercial asset of considerable value to Us. Celer Wealth, LLC is willing to disclose and permit the use of Our Licensed Material to You only on the condition that You will not disclose or permit the disclosure, display, reproduction, or copying of, or use or permit the use of, the Licensed Material in any manner except under expressed terms and conditions set forth hereinafter.
2. MATERIAL LICENSE, RIGHTS & RESTRICTIONS.
2.1 Material Licence and Rights. In consideration of the mutual covenants, subject to the provisions contained in this Agreement, and subject to and conditioned upon Your strict compliance with all of the terms and conditions set forth in this Agreement, Celer Wealth, LLC hereby grants to You a revocable, non-transferable, non-exclusive limited licence during the Term to use the Licensed Materials solely for Your personal use.
2.2 Maintaining Confidentiality. You agree to hold the Licensed Material in strict confidence, to use the Licensed Materials only for Your sole personal use and not to disclose any of the Licensed Materials, in whole or in part, to any other person, organization, entity, business or third party. You further agree that any failure to hold the Licensed Materials in strict confidence by You will cause Us both monetary and non-monetary injury.
2.3 Restrictions. Without limiting the generality of the foregoing, You will use the Licensed Materials only for purposes set forth herein, and, further, You expressly agree that You shall not, directly or indirectly:
(a) own title or transfer title to the Licensed Materials to another person, organization, entity, business or third party;
(b) distribute, sell, reproduce, display or sublicense or otherwise provide copies or any rights, in whole or in part, in relation to the Licensed Materials to another person, organization, entity, business or third party;
(c) remove, delete, alter or obscure any trademarks or any copyright, or other intellectual property rights notices from the Licensed Materials, including any copy thereof;
(f) use the Licensed Material for purposes of the development of a competing newsletter product or service or any other purpose that is to Celer Wealth, LLC’s commercial disadvantage; or
(g) modify, enhance, or create substantially derived forms of the Licensed Materials.
2.4 Continued Obligations. Your obligations contained herein shall continue for a period of five (5) years from receipt of the particular Licensed Materials, regardless of termination of this Agreement, unless or until:
the Licensed Materials hereafter become available to the public, except as the result of unauthorized disclosure by You or anyone acting under Your control, supervision or authority;
the Licensed Materials were in Your possession prior to disclosure hereunder as evidenced by bona fide written, dated documents, and was not acquired, directly or indirectly, from Celer Wealth, LLC;
the Licensed Materials are received by You from a third party without restriction and without breach of this Agreement or any other agreement of which You know;
and/or the Licensed Materials are at the time of disclosure in the public domain as evidenced by printed publications.
3. COPYRIGHT AND MARKS.
3.1 Copyright. The Licensed Materials, including any documentation, media, packaging and illustrations, are copyrighted and constitute Our valuable property. You agree that all physical manifestations of the Licensed Materials will display Our copyright notice in a conspicuous manner. The Licensed Materials is protected under United States copyright laws and international treaty provisions.
3.2 Trademarks. Certain logos, product names and trademarks owned by Us may be contained within the printed and/or electronic manifestations of the Licensed Materials. You have no right to use such marks in end-user applications except as set out in the Agreement.
4. REFUND AND CANCELLATION POLICY. All sales, either by telephone, internet, or U.S. Mail, will present specific details of the refund and cancellation options for the product purchased. As of this date, February 6, 2017, monthly newsletter subscriptions can be refunded within 7 calendar days of the initial purchase. Monthly newsletter subscriptions can be cancelled at any time for a refund of the current month’s charges only. Annual newsletter subscriptions can be refunded within 30 calendar days of the initial purchase. Annual newsletter subscriptions can be cancelled within 30 days of any annual renewal date for the current year’s charges only.
5. AUTOMATIC RENEWAL AND REBILL OF SUBSCRIPTIONS. All newsletter subscriptions to Our Licensed Materials will automatically renew and rebill on its renewal date for the same price and term as stated in the original order. The Term (length of the newsletter subscriptions) for automatic rebill of our newsletter can be determined by using the date on the initial order invoice and counting forward to the next month, or annual term, as matches the initial subscription. You agree and guarantee the payment of Your subscription order for the Licensed Materials with Us and any future automatic re-bill payments to the Licensed Materials that You ordered from Us. You further agree that payment will be processed viaautomatic charge to Your credit/debit card account. You further agree and accept to automatically renew and rebill the subscription newsletter ordered upon reaching their respective renewal date whether the original term is monthly or annual.
You further understand all performance information, historical data, and trade information, stated for or contained in any of the Licensed Materials may have been calculated using hypothecated trading models and not real life trades. You agree therefore that We made and make no representation that profits can be made from trading futures, stocks, options or other investment vehicles. Celer Wealth, LLC, its principals, managers and employees, are not financial advisors and are not registered investment advisors. All information issued by Celer Wealth, LLC is for informational use only and should not be construed as recommendations to buy or sell a futures contract, stock, option or other investment vehicle.
All statements and expressions are the opinion of Celer Wealth, LLC and are not meant to be either investment advice or a solicitation or recommendation to establish market position. All opinions are subject to change without notice. We suggest that You conduct thorough research relevant to any of Your investment or financial decisions and verify facts from various independent sources. Celer Wealth, LLC is not to be held responsible for individual market positions, and all trades that You make are based on Your own decisions. Celer Wealth, LLC does not accept any liability for any loss or damage whatsoever, which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained in the Licensed Materials.
6. CANCELLATION AND TERM. The Term of this Agreement shall be the time Your newsletter subscription begins with Us and until (a) that subscription is terminated or cancelled in the manner described herein, (b) by mutual written agreement between You and Us, (c) by Us in the event of Your breach of the terms and conditions of this Agreement, or (d) by Us for any reason with three (3) days written notice to You.
Cancellation of Your newsletter subscription can be effectuated by emailing Us at email@example.com and/or by postal mail to Celer Wealth, LLC, P.O. Box 474, Baldwin, NY 11510 specifying that You want to cancel a newsletter subscription, and is to include the name of the subscription that is to be cancelled. Cancellation of a subscription takes effect ONLY when We confirm to the subscriber via email or postal mail that the subscription has been canceled.
7. RISKS OF TRADING AND INVESTING.
THERE ARE SIGNIFICANT FINANCIAL RISKS WHEN TRADING OR INVESTING IN FUTURES, STOCKS, OPTIONS OR OTHER INVESTMENT VEHICLES. THERE CAN BE SIGNIFICANT MONETARY LOSSES. SHOULD YOU DECIDE TO TRADE OR INVEST IN FUTURES, STOCKS, OPTIONS AND/OR OTHER INVESTMENT VEHICLES, USE ONLY MONEY THAT YOU CAN AFFORD TO LOSE.
You understand and agree that all securities trading, whether in futures, stocks, options, or other investment vehicles, is speculative in nature and involves substantial risk of loss. We do not in any way warrant or guarantee the success of any action You take in reliance on Our statements or Licensed Materials. All securities trading, whether in futures, stocks, options, or other investment vehicles, is speculative in nature and involves substantial risk of loss and You could lose all of Your money. Risk only money that can be afforded to lose. The content and information contained in the Licensed Materials are based on sources believed to be reliable but are unaudited and no representation, expressed or implied, is made as to its accuracy, completeness or correctness. YOU UNDERSTAND AND AGREE past performance is no guarantee of future results. Any and all past performance information, trade prices, for any and all Licensed Materials issued, sold, displayed, reproduced or distributed by Us, whether listed on the website or in an email may be based upon a hypothecated trading model and may not reflect actual real life trades or performance for any newsletter program. Any indicators, strategies, commentaries, and/or all other features are for informational and educational purposes only, and should not be construed as investment or trading advice. The editor, agents, managers or employees of Celer Wealth, LLC, may take on positions in futures, stocks, options or other investment vehicles discussed in its Licensed Materials.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF CELER WEALTH, LLC’S LICENSED MATERIALS AND OTHER SERVICES IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH CELER WEALTH, LLC AND THE LICENSED MATERIALS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CELER WEALTH, LLC, NOR ANY OF ITS EMPLOYEES, MANAGERS, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING CELER WEALTH, LLC’S LICENSED MATERIALS, THE CONTENT, ANY ADVERTISING MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH LICENSED MATERIALS. CELER WEALTH, LLC MAKES NO WARRANTY THAT CELER WEALTH, LLC OR ITS LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
THERE ARE NO WARRANTIES FOR SERVICES. WE MAKE NO EXPRESS REPRESENTATIONS ORWARRANTIES, OR ACCEPT ANY CONDITIONS EXCEPT THOSE EXPRESSLY STATED IN THIS AGREEMENT. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY AND REMEDIES.
IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED BY YOU, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL, INCLUDING LOST OR ANTICIPATED PROFITS, SAVINGS, INTERRUPTION TO BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF BUSINESS INFORMATION, THE COST OF RECOVERING SUCH LOST INFORMATION, THE COST OF SUBSTITUTE INTELLECTUAL PROPERTY OR ANY OTHER PECUNIARY LOSS ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE LICENSED MATERIAL REGARDLESS OF WHETHER YOU HAVE ADVISED US OR WE HAVE ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY IN RESPECT OF ANY AND ALL CLAIMS WILL BE LIMITED TO ONE HUNDERD ($100.00) DOLLARS. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
10. SUCCESSORS AND ASSIGNS. You may not assign Your rights and duties under this Agreement to any party at any time. This Agreement will ensure to the benefit of and will be binding on Us and our respective successors and permitted assigns. In the event of corporate merger, amalgamation, divestiture or asset sale, We will have the right to transfer and assign Our rights and obligations hereunder to any third party (the “Assignee”), upon written notice to You, provided that We cause the Assignee to agree in writing to all the terms contained in this Agreement.
11.1 No Legal Advice. The Licensed Materials may provide information concerning potential legal issues, but it is not a substitute for legal advice from qualified counsel. At no time does Celer Wealth, LLC review information for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about anyone’s legal rights, remedies, defenses, options, selection of forms, or strategies. Use of the Licensed Materials does not create any fiduciary relationship between You and Celer Wealth, LLC or any of its agents, officers, managers or members. The accuracy of the Celer Wealth, LLC is neither warranted nor guaranteed and You use or rely upon the Celer Wealth, LLC at Your own risk.
11.2 Potential Errors. Our License Materials may include technical inaccuracies or typographical errors.
11.3 Captions. The Article and paragraph headings used herein are for convenience only and are not a part of this Agreement and will not be used in construing it.
11.4 Entire Agreement. This Agreement sets forth and contains the entire agreement between You and Us related to the subject matter therein. This Agreement fully supersedes any and all other written or oral agreement, negotiations, understandings or arrangement between You and Us pertaining to the subject matter of this Agreement. The terms of this Agreement are contractual and not a mere recital.
11.5 Equitable Relief. You agree that any breach of this Agreement by You would cause irreparable damage to Us, and that, in event of such breach, in addition to any and all remedies at law, We will have the right to an injunction, specific performance or other equitable relief to prevent the violations of the terms of this Agreement.
11.6 Force Majeure. Notwithstanding anything herein to the contrary, We shall not be liable for any delay or failure in performance caused by circumstances beyond Our reasonable control.
11.7 Relationship of the Parties. This Agreement does not constitute a partnership or joint venture, and nothing herein contained is intended to constitute, nor will it be construed to constitute, such a partnership or joint venture. Except as expressly provided in this Agreement, neither We nor You will have any power or authority to act in the name or on behalf of the other party, or to bind the other party to any legal agreement.
11.8 Severability. The provisions of this Agreement are to be considered separately, and if any provision hereof should be found by any court or competent jurisdiction to be invalid or unenforceable, this Agreement will be deemed to have effect as if such provision were severed from this Agreement.
11.9 Number and Gender. Where the context permits, the singular includes the plural, and the masculine includes the feminine and vice versa.
11.10 Notices. All notices and communications required or permitted under this Agreement will be in writing and will be sent by registered or certified mail, postage prepaid, return receipt requested, facsimile transmission (the “Fax”), with confirmed answer back, or electronic mail, with confirmation of receipt, to Us or You at the respective addresses we provide to each other or to such other address as We or You may from time to time specify by notice to the other given as provided in this paragraph. In Our case, Our address is:
Celer Wealth, LLC
P.O. Box 474
Baldwin, NY 11510
A notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
11.11 JURISDICTION. THE PARTIES HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK WITH RESPECT TO ANY DISPUTE ARISING HEREUNDER.
11.12 GOVERNING LAW. You agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York. Any legal suit, action or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the courts within the State of New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding and waives any objection based on improper venue or forum non conveniens.
11.13 Revisions to this Agreement. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by both You and Us. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.