ACTIVE TRADER NETWORK, INC TERMS OF USE & CONDITIONS

PLEASE READ CAREFULLY: UNLESS THE SUBSCRIBER HAS ANOTHER VALID WRITTEN AGREEMENT WITH ACTIVE TRADER NETWORK, INC (“ACTIVE TRADER NETWORK”) OR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR PRODUCTS PURCHASED FROM ACTIVE TRADER NETWORK, OR UNLESS OTHER, OR ADDITIONAL, ACTIVE TRADER NETWORK TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR SUPPORT, THE FOLLOWING ACTIVE TRADER NETWORK TERMS (THE “TERMS”) (TOGETHER WITH ANY ADDITIONAL ACTIVE TRADER NETWORK TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL ACTIVE TRADER NETWORK SALES AND LICENSES OF ACTIVE TRADER NETWORK PRODUCTS AND SUPPORT.

ACTIVE TRADER NETWORK BASIC TERMS

ACCEPTANCE OF TERMS

By using any Active Trader Network’s services, both free (and paid – the “Premium Services”), you agree to comply with these Terms and Conditions. If you do not agree to the Terms and Conditions contained herein you agree not to use the services, and we do not consent to provide you with access to the services. Subject to and in compliance with the terms and conditions set forth herein, Active Trader Network may provide its users with access to:

Free content including, but not limited to, blogs and content written by Active Trader Network commentators, videos, emails, podcasts, webinars, conference calls, user-generated content, free trials, 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”)

The Premium Services and the free services are collectively referred to herein as the “Services”. You also understand and agree that the Services may include certain communications from Active Trader Network, such as service announcements, promotional marketing, contests, giveaways and administrative messages. In the event you would like to opt-out of these communications you may do so at any time, but understand that by doing so Active Trader Network will not continue to provide any of the aforementioned free services.

CHANGES TO THE TERMS AND CONDITIONS AND OUR SERVICES

We reserve the right at any time to:

1. Change the terms and conditions
2. B. Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular commentators, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
3. 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 and Conditions will be effective immediately after we post the modified terms on the site. In the event that you have the Terms and Conditions cached on your browser, the Terms and Conditions that applies to you is the most recent version of the Terms and Conditions that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the Terms and Conditions may be modified with respect to such Premium Service. You should check our Terms and Conditions frequently.

DEFINITIONS

1. Affiliate of a party means an entity controlling, controlled by, or under common control with, that party.
2. Deliverable means the tangible work product resulting from the performance of Support excluding Products and Custom Products.
3. Training means any educational content, seminar, class, related documentation, accessories, and updates.
4. ACTIVE TRADER NETWORK Branded means Products and Support bearing a trademark or service mark of Active Trader Network or any Active Trader Network Affiliate.
5. Product means Training Products and the VOTR listed in ACTIVE TRADER NETWORK’s standard price list at the time of ACTIVE TRADER NETWORK’s acceptance of Subscriber order, and including products that are modified, altered, or customized to meet Subscriber requirements (“Custom Products”).
6. VOTR® means the Virtual Online Trader Room®.
7. Specification means technical information about Products published in ACTIVE TRADER NETWORK Product manuals, user documentation, and technical data sheets in effect on the date ACTIVE TRADER NETWORK delivers Products to Subscriber.
8. Statement of Work means an executed document so titled, that describes the Custom Support to be performed by ACTIVE TRADER NETWORK under the Support Terms section.
9. Support means Active Trader Network maintenance and repair, Software maintenance, training, installation and configuration, and other standard support services provided by ACTIVE TRADER NETWORK and include “Custom Support” which is any agreed non-standard Support as described in a Statement of Work.
10. Transaction Document(s) means an accepted Subscriber order (excluding pre-printed terms) and in relation to that order valid ACTIVE TRADER NETWORK quotations, ACTIVE TRADER NETWORK service descriptions, ACTIVE TRADER NETWORK limited warranty statements delivered with or otherwise made available to Subscriber with Active Trader Network, or other mutually executed documents that reference these ACTIVE TRADER NETWORK On-Line Single Order Terms.
11. Version means a release of the Active Trader Network website or the VOTR that contains new features, enhancements, and/or maintenance updates, or for certain Software, a collection of revisions packaged into a single entity and, as such, made available by ACTIVE TRADER NETWORK to its subscribers (also called a “Release”).

DELIVERY

1. Delivery: If applicable, ACTIVE TRADER NETWORK will deliver Products by arranging shipping to the receiving area to the “ship to” address specified in Subscriber’s order within the country in which ACTIVE TRADER NETWORK accepted the order. ACTIVE TRADER NETWORK may deliver Products through electronic transmission to, or electronic access or download by Subscriber in the country where ACTIVE TRADER NETWORK accepted the order.
2. Delivery Charges: Transportation and handling charges are payable by Subscriber and will be specified in a ACTIVE TRADER NETWORK invoice unless otherwise specified in a Transaction Document. Special packing or shipping arrangements will be charged separately to Subscriber.
3. Delivery Requirements: If ACTIVE TRADER NETWORK is unable to meet Subscriber’s Product delivery requirements, Subscriber may cancel that order, and such cancellation is Subscriber’s sole remedy.

PAYMENT

1. Payment Terms: Subscriber agrees to pay, without offset, all amounts due at the time of purchase unless a multi-payment plan has been selected. If a multi-payment plan is selected, future payments must be made at the agreed intervals. ACTIVE TRADER NETWORK may change credit or payment terms for unfulfilled orders if, in ACTIVE TRADER NETWORK’s reasonable opinion, Subscriber’s financial condition, previous payment record, or relationship with ACTIVE TRADER NETWORK merits such change.
2. Subscription Renewals: Your subscription will continue for the period referenced during registration (the “Subscription Period”) and renew automatically at the end of the Subscription Period unless you notify our Customer Service Team by phone at 1-888-998-3548, Monday-Friday between the hours of 9:00am and 5:00pm ET. We will not be responsible for the cancellation a subscription based on an email, postal mail, etc. If you do not notify us as described above, your subscription will be renewed on the credit card you designated during the registration process for the same Subscription Period as your original purchase or most recent renewal at the then-applicable retail-priced monthly, period, annual, etc. subscription rate. In connection with recurring billing for subscription renewals, you authorize Active Trader Network to bill your credit card account number, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your credit card from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts that you may owe Active Trader Network, you will be liable for all of our attorney and collection agency fees.
3. ACTIVE TRADER NETWORK may discontinue performance if Subscriber fails to pay any sum due, or if after ten (10) days written notice Subscriber has not cured any other failure to perform under these Terms.
4. Security Interest: ACTIVE TRADER NETWORK retains a security interest in Products until payment. Subscriber shall execute any paperwork required by ACTIVE TRADER NETWORK to effectuate any such security interest.

WARRANTY PROVISIONS

1. Warranty Statements Exclusions.
   1. subscriber’s non-compliance with instructions;
   2. improper or inadequate maintenance or calibration;
   3. subscriber or third-party media, software, interfacing, supplies, or other products;
   4. modifications not performed or authorized by ACTIVE TRADER NETWORK;
   5. virus, infection, worm or similar malicious code not introduced by ACTIVE TRADER NETWORK; or
   6. abuse, negligence, accident, loss or damage in transit, fire or water damage, electrical disturbances, transportation by Subscriber, or other causes beyond ACTIVE TRADER NETWORK’s control.
2. Non-ACTIVE TRADER NETWORK Branded Products and Support.
3. Disclaimer: THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THESE TERMS ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY ACTIVE TRADER NETWORK OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE TO THE EXTENT ALLOWED BY LOCAL LAW ACTIVE TRADER NETWORK DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Active Trader Network publishes information that is educational in nature and designed to contribute to your overall understanding of various types of trading analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures or other financial instruments. Trading of stocks, options, and futures may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. Active Trader Network and its service providers are not Financial Advisors or Registered Analysts. We do not offer trading models for you to copy. These models represent our own opinions and are intended to teach our style of trading. It is up to you to make your own decisions as what you want to do with your own portfolio.

INTELLECTUAL PROPERTY RIGHTS

ACTIVE TRADER NETWORK’s has active trademarks (e.g., “ACTIVE TRADER NETWORK”, “Active Trader Network”, or its affiates). No rights in copyright, patents, trademarks, trade secrets, or other intellectual property are granted by Active Trader Network to you.

Active Trader Network contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Active Trader Network are copyrighted as a collective work under the United States copyright laws. Active Trader Network owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Active Trader Network and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

RESTRICTED USE

Products, Support, and Deliverables are not specifically designed to be trading advice or recommendations. Subscriber is solely liable if Products, Support, or Deliverables purchased by Subscriber are used for trading and will indemnify and hold ACTIVE TRADER NETWORK harmless from all loss, damage, expense, or liability in connection with such use.

Subscriber shall not upload, post or otherwise make available on Active Trader Network any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Active Trader Network, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Active Trader Network the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber shall not permit any other persons to access, view, store or reproduce the material designated for Subscriber’s personal use. Subscriber hereby grants Active Trader Network the right to edit, copy, publish and distribute any material made available on Active Trader Network by Subscriber.

GENERAL

1. Electronic Orders and EDI: Where facilitated under local law, the parties may do business electronically, including order placement and acceptance. Once accepted, such orders will create fully enforceable obligations subject to these Terms. Such orders and acceptances will be deemed for all purposes to be an original signed writing. Subscriber and ACTIVE TRADER NETWORK will adopt commercially reasonable security measures for password and access protection.
2. Internal Use: Products and Support acquired by Subscriber under these Terms are solely for Subscriber’s own internal use and not for resale or sub-licensing.
3. Force Majeure: Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control; however, this provision will not apply to Subscriber’s payment obligations.
4. Assignment: Subscriber may not assign, delegate or otherwise transfer all or any part of its rights or obligations under these Terms without prior written consent from ACTIVE TRADER NETWORK. Any such attempted assignment, delegation, or transfer will be null and void. Assignments of ACTIVE TRADER NETWORK VOTR Logins are subject ACTIVE TRADER NETWORK’s approval.
5. Export and Import: By accepting these Terms Subscriber confirms that Subscriber is not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, Software, technology, or Support acquired subject to these Terms may not be exported, re-exported, transferred or downloaded to any such entity. ACTIVE TRADER NETWORK may suspend performance under these Terms: 1) if the Subscriber is in violation of any applicable laws or regulations, and 2) to the extent necessary to assure compliance under the U.S. or other applicable export or similar regulations.
6. Governing Law: Disputes arising from these Terms will be governed by the law of the jurisdiction of the principal place of business of the ACTIVE TRADER NETWORK Affiliate accepting the order to which the dispute relates and the courts of that locale will have jurisdiction, except that ACTIVE TRADER NETWORK may, at its option, bring suit for collection in the country where the Subscriber that placed the order is located. Subscriber and ACTIVE TRADER NETWORK agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. Claims arising or raised in the United States will be governed by the laws of the State of New York, including rules as to choice and conflict of law.
7. Bankruptcy: If either party becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, the other party may cancel any unfulfilled obligations.
8. Survival: Any provisions in these Terms which by their nature extend beyond the termination or expiration of any sale or license of Products or Support will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.
9. Notices: All notices that are required under these Terms will be in writing and will be considered effective upon receipt.
10. Entire Agreement: These Terms represent the entire agreement between ACTIVE TRADER NETWORK and Subscriber regarding Subscriber’s purchase of Products and Support, and supersedes and replaces any previous communications, representations, or agreements, or Subscriber’s additional or inconsistent terms, whether oral or written. In the event any provision of these Terms is held invalid or unenforceable the remainder of the Terms will remain enforceable and unaffected thereby.
11. Waiver: Neither party’s failure to exercise or delay in exercising any of its rights under these Terms will constitute or be deemed a waiver or forfeiture of those rights.
12. Independent Contractor: ACTIVE TRADER NETWORK is an independent contractor in the performance under these Terms and neither ACTIVE TRADER NETWORK nor any ACTIVE TRADER NETWORK personnel are employees or agents of Subscriber. Nothing in these Terms will be construed as creating a joint venture, partnership or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other

REGISTRATION AND PRIVACY

In order to gain access to portions of the services, you must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant you a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of your use of the 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 true, 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 true, accurate, current and complete.

Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

As a member, you also have certain other obligations relating to your membership or subscription:

1. You may not transfer to or resell Your use of or access to the Services to any third party;
2. You are responsible for all activities that occur under Your membership or subscription;
3. You are responsible for maintaining the confidentiality of Your user name, member name and password; and

You agree to notify us by visiting our “CONTACT US” page on our website if you become aware of any possible unauthorized use(s) of Your membership or subscription or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.

ACTIVE TRADER NETWORK PRODUCT TERMS

SUPPORT SERVICES

1. Description of Support: ACTIVE TRADER NETWORK will deliver Support according to the description of the offering, eligibility requirements, service limitations, and Subscriber responsibilities described herein to keep ActiveTraderNetwork.com and the VOTR, as well as other Products, up and running to the best of its ability.
2. Local Availability: Subscriber may order Products from ACTIVE TRADER NETWORK’s current offerings. Some offerings, features, and coverage (and related Products) may not be available in all countries or areas. In addition, delivery of Products outside the applicable ACTIVE TRADER NETWORK coverage areas may be subject to travel charges, longer response times, reduced restoration or repair commitments, and reduced coverage hours.
3. Service Providers: ACTIVE TRADER NETWORK reserves the right and Subscriber agrees to ACTIVE TRADER NETWORK’s use of ACTIVE TRADER NETWORK-authorized service providers to assist in the delivery of Products.
4. Modifications: Subscriber will allow ACTIVE TRADER NETWORK, at ACTIVE TRADER NETWORK’s request and at no additional charge, to modify Products to improve operation, supportability, and reliability, or to meet legal requirements.
5. Support Warranty: ACTIVE TRADER NETWORK warrants that it will perform Support using generally recognized commercial practices and standards.

PRICING, INVOICING AND ADDITIONAL SERVICES

1. Pricing: Except for prepaid Products or as otherwise stated in a Transaction Document, ACTIVE TRADER NETWORK may change Product prices at any time.
2. Additional Services: Additional services performed by ACTIVE TRADER NETWORK at Subscriber’s request that are not included in Subscriber’s purchased Product will be chargeable at the applicable published Product rates
3. Duplicate trials are not permitted for any Active Trader Network product or service

SUBSCRIBER RESPONSIBILITIES

1. Lawful Purposes Only: Subscriber shall use Active Trader Network for lawful purposes only. Subscriber shall not post or transmit through Active Trader Network any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Active Trader Network’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by Subscriber that in Active Trader Network’s discretion restricts or inhibits any other Subscriber from using or enjoying Active Trader Network will not be permitted. Subscriber shall not use Active Trader Network to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Active Trader Network.

ACCESS TO THE VIRTUAL ONLINE TRADING ROOM AND MENTORING ROOMS

In order to participate in any of the Virtual Online Trading Rooms and mentoring rooms (herein as VOTR), you agree to:

1. Create only one (1) membership or subscription, which you may not share with anyone else;
2. Provide accurate, truthful, current and complete information when creating your Trader ID;
3. Maintain and promptly update your Trader ID information;
4. Maintain the security of your Trader ID by not sharing your password with others and restricting access to your Trader ID and your computer;
5. Promptly notify Active Trader Network if you discover or otherwise suspect any security breaches relating to the VOTR or Active Trader Network Website; and
6. Take responsibility for all activities that occur under your Trader ID and accept all risks of unauthorized access. The VOTR is an English language online chat forum and multi-media service. The VOTR is governed by United States law. Although persons in other countries are welcome to participate in the VOTR, the topics and discussion are intended for use by persons in the United States.

By creating a Trader ID and participating in the VOTR, you affirm that you are at least 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any of your information changes, you agree to update your registration information as soon as possible. If Active Trader Network suspects that your registration information is not complete, current, or accurate, or that you have otherwise violated these Terms of Use, your Trader ID may be subject to suspension or termination, and you may be barred from using the Active Trader Network Website or participating in the VOTR

Your invitation to participate in the VOTR is personal and non-transferable. If you register with us, you agree to be responsible for any activities that occur under your Trader ID or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release Active Trader Network from any and all liability that may arise in connection with your participation in the VOTR. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. You will notify Active Trader Network if your member name or password has been lost, stolen, or used by another person. If you become aware of any unauthorized use of your password or of your Trader ID, you agree to notify Active Trader Network immediately by visiting our “Contact US” page and submit your request.  Even though the VOTR is only open to authorized members, it should not be deemed a confidential VOTR. Therefore, do not post or otherwise make available anything you would not want others to see in public. Also note that other members of the VOTR can follow, communicate or connect with you once you start participating in the VOTR, so your profile and what you say and what you post will be disclosed to others and we have no control over how other participants in the VOTR will use the information you post or otherwise make available to the VOTR.

POSTINGS ON THE VOTR

Due to the interactive nature of postings on the VOTR portion of the Active Trader Network Website, we are unable to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by users, and any text, data, files, avatars, designs, contest submissions, photographs, images, likenesses, video, music, sound, voice recordings, chat, messages, files, biographical information or other material posted (all of which are referred to as “Postings”) are not endorsed by Active Trader Network, and we make no guarantee regarding the reliability, accuracy, or quality of any Posting. Your Posting may be available for all other users to view and download.

All positions that are displayed in the “trader display cards” on the VOTR are updated in real-time and shown as “Long”, “Short” or “Flat”. All equity positions must trade more than 500,000 shares in average daily volume over the past 12 months to be displayed in the VOTR. I.e. If a trader has a position in an stock that has traded less than 500,000 shares of average daily volume over the past 3 months, that position will not be shown in the traders display card on the VOTR.

You acknowledge that you will evaluate and bear any risks related to your use of any Posting, including any reliance on the accuracy, completeness, or usefulness of such Posting. All Postings to the VOTR are the sole responsibility of the person who originally posted the Posting, and your sole recourse for any damage you may suffer as a result of Postings shall be to such individual. Active Trader Network expressly disclaims any and all liability in connection with Postings.

You shall be solely responsible for your own Postings and the consequences of posting or publishing them. You acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of Postings or other information may not be secure, and you should consider this before submitting any information to Active Trader Network or the VOTR and/or Active Trader Network Website. You also understand and acknowledge that:

1. Own the rights to the Posting you submit and the right to grant all of the rights and licenses in these Terms of Use; or
2. You have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms of Use and grant Active Trader Network the license above. Upon Active Trader Network’ request, you will furnish Active Trader Network any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

By submitting the Postings to the VOTR, you hereby grant Active Trader Network a worldwide, irrevocable, non-exclusive, perpetual, royalty-free, sub licensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Postings in connection with the VOTR and/or Active Trader Network Website and Active Trader Network’ (and its successor’s) business, including without limitation for promoting and redistributing part or all of the VOTR and/or Active Trader Network Website (and derivative works thereof) in any media now known or hereafter developed, and may grant additional ownership or other rights as set forth in additional rules or other documents that govern certain aspects of your use of the VOTR and/or Active Trader Network Website. You authorize Active Trader Network to publish your Posting in a searchable format that may be accessed by users of the VOTR and/or Active Trader Network Website. Except as prohibited by law, you waive any moral rights you may have in any Posting you submit, even if such Posting is altered or changed in a manner not agreeable to you.

You further perpetually and irrevocably grant Active Trader Network the unconditional right to use, disseminate and display your name, persona and likeness included in any Posting and in connection with any Posting without any obligation or payment to you.

You agree that Active Trader Network has no obligation to monitor or enforce your intellectual property rights to your Postings but has the right to protect and enforce its rights to use your Postings. You further acknowledge and agree that Active Trader Network will not have any obligation to you with regard to Postings and that Active Trader Network may or may not monitor, display or accept your Postings and may delete them at any time and you may have no right to access or control any Postings that you provide once you provide it.

MONITORING AND ENFORCEMENT

You are solely responsible for your interaction with other users of the Active Trader Network Website, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

Active Trader Network reserves the right, but has no obligation, to monitor any and all use of and information transmitted or received through the Active Trader Network Website. Active Trader Network, in its sole discretion and without further notice to you, may review, censor or prohibit any activities that Active Trader Network determines violates any term or condition of these Terms of Use, including by revoking user access.

Active Trader Network may record and monitor any telephone or electronic communication for quality assurance purposes.

Active Trader Network does not pre-screen, verify or edit Postings in the VOTR. However, Active Trader Network and its agents reserve the right to investigate any violation of the terms of these Terms of Use and to take such remedial action as it deems appropriate. Active Trader Network has the sole discretion to enforce the terms of these Terms of Use, including, but not limited to warning users of violations, disabling or suspending privileges and access, deleting, screening or editing any content or prohibiting any behavior that does not comply with these Terms of Use. If Active Trader Network decides it is necessary to remove any content, Active Trader Network may remove the entire thread and any accompanying material.

CONTENT IS FOR INFORMATION PURPOSES; NOT INVESTMENT ADVICE

The information shared by VOTR members is for informational purposes ONLY. Such information is not meant to be financial or investment advice of any kind. The results described in VOTR member testimonials are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.

NEITHER ACTIVE TRADER NETWORK NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any member of the VOTR may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

LINKS TO THIRD PARTY SITES

The Active Trader Network Website, or communications you receive from the Active Trader Network Website, may contain links to third party websites or online features that are not owned, controlled, or endorsed by Active Trader Network. Active Trader Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE ACTIVE TRADER NETWORK WEBSITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. By using the Active Trader Network Website or participating in the VOTR, you specifically release Active Trader Network from any and all liability arising from your use of any third party website.

PROCEDURES FOR REPORTING VIOLATIONS OF THESE TERMS OF USE

Constructive feedback regarding Active Trader Network services can be submitted by visiting our “Contact US” page and submit your request.

Feedback regarding the Active Trader Network website, its use or application can be submitted by visiting our “Contact US” page and submit your request.

The VOTR is not an appropriate environment to express concerns about Active Trader Network, its partners, affiliates or services. Postings on the VOTR do not constitute notice to Active Trader Network for any purpose. No one in the VOTR is authorized to provide official responses to questions on behalf of Active Trader Network.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), If you are a copyright owner or an agent thereof and believe that any content on the Active Trader Network Website, including the VOTR, infringes upon your copyrights, you may submit a notification pursuant to the DMCA by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Active Trader Network to locate the material;
4. Information reasonably sufficient to permit Active Trader Network to contact you, such as an address, telephone number, and, if available, an email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you are the content provider and you believe that your content that was removed or to which access was disabled is either not infringing, or you believe that you have the right to post and use such content from the copyright owner, the copyright owner’s agent, or pursuant to the law, you must send a counter-notice containing the following information to the Designated Agent:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and, if available, e-mail address; and
5. A statement that you consent to the jurisdiction of the Federal Courts located in New York and that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received, Active Trader Network may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Active Trader Network’ discretion

Please send your notice of claims of copyright infringement or counter-notices to:

Active Trader Network, Inc
40 Wall Street, Suite 2880 B
New York, NY 10001
(323) 374-5565
Attn: Management

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. Active Trader Network will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement. We have a policy of terminating the Trader IDs of users who (in our reasonable discretion) are repeat infringers.

SUBSCRIPTION CANCELLATION AND REFUND POLICY FOR THE FOLLOWING PRODUCTS AND SERVICES:

• VIRTUAL ONLINE TRADING ROOMS
• VIDEO TUTORIALS
• ONLINE COURSES
• ONSITE COURSES
• NEWSLETTERS
• NEWS ALERTS
• PLAY OF THE DAY
• PLAY OF THE WEEK
• ONSITE AND ONLINE WEBINARS
• PERSONAL COACHING (ONLINE / ONSITE)
• ALL MENTORING SERVICES
• LIVE SEMINARS AND LIVE TRAINING EVENTS
• ALL EDUCATION COURSES AND TRAINING MANUALS

1. During the trial portion of your subscription, You may cancel Your subscription to the  Service in which you have enrolled according to the refund policy specified for that particular product or service. The refund procedure and contact information for a cancellation or refund request is specific to that product or service and will be provided at or before the purchase of that product or service.Please Note: Upon the commencement of your initial subscription (which occurs at the expiration of your free or paid trial, or if you are not receiving a free trial, upon your purchase of a subscription) your credit card will be billed the applicable subscription fee and your paid subscription will commence.
2. If you are a Monthly, Quarterly, or Semi-Annual Term Subscriber, you will not receive a refund or reimbursement of your subscription fee. If you cancel your subscription, you will not be charged any future subscription fees. In order to properly cancel your subscription, you must notify our Customer Service Department by telephone only at (323) 374-5565 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not cancel a subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number).
3. Annual Term Subscribers (or longer): Unless otherwise specified, if you are a subscriber for any product with an annual term (or longer), you may receive a refund or reimbursement of your recurring subscription term only if you cancel within thirty (30) days of the purchase date of your initial subscription. In order to properly cancel your subscription, you must notify our Customer Service Department by visiting our “Contact US” page and submit your request or by telephone at (323) 374-5565 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not cancel a subscription by any other means (such as by sending a request via postal mail or by calling any other phone number). Your refund will be calculated as your purchase price less the market price for one month of service. If you quality for a refund, your Trader ID will be credited within 7-14 business days following your call.
4. Seminars and Live Training Events: Unless otherwise specified, all Seminar and Live Training Event sales are final. In the event of an event cancellation, customers will receive a credit towards another Active Trader Network product or service.
5. Education Courses and Manuals: All education courses are final sales. No refunds will be issued after purchase.

SUBSCRIPTION RENEWAL FOR PREMIUM AND PAID SERVICES

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

1. Your subscription will continue for the period referenced during registration (the “Subscription Period”), and renew automatically at the end of the Subscription Period, unless you notify us of your decision not to renew your subscription by calling our Customer Service Department by telephone at (323) 374-5565 Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. ET. You may not notify us of a decision not to renew your subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number)..
2. If you do not notify us as described above, the then-applicable monthly, periodic or annual fee for your subscription will be billed automatically to the Trader ID or the credit card account you designated during the registration process (or subsequently changed).
3. Please note that after your initial subscription, you will not receive a refund, reimbursement or other credit of your subscription fee after your subscription has renewed.
4. In connection with recurring billing for subscription renewals, you authorize Active Trader Network to bill your Trader ID or your credit card on file, regardless of whether the other information associated with your subscription has changed, including but not limited to the expiration date of the physical card with which you subscribed. We may receive updated information about your Trader ID or credit card account from the financial institution issuing your credit or charge card. You agree to pay all fees and charges incurred in connection with your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts you owe us, you will be liable for all of our attorneys’ and collection agency fees.

ACCEPTANCE OF THESE TERMS AND CONDITIONS

By accepting these Terms and Conditions, you are acknowledging the risks involved in trading the stock, options, and futures markets and are also acknowledging that you, the subscribers, and not Active Trader Network, are solely responsible for any losses, financial or otherwise, as a result of using this service. Active Trader Network shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that Active Trader Network will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website. You agree to hold Active Trader Network harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents.

Employees of Active Trader Network may or may not have positions in the educational picks posted to the site through its newsletters or in the trading rooms. In addition, hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.

ACTIVE TRADER NETWORK and any affiliates are all separately owned by different individuals.

Active Trader Network INC (“Company”) is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The independent contractors and employees or affiliates of Company may hold positions in the stocks, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities and/or currencies. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Company’s website, or in its publications, are made as of the date stated and are subject to change without notice. It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company’s products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment. Before placing any trade you should consult with a licensed broker or registered investment advisor as well as read The Characteristics and Risks of Standardized Options. Please remove all stock names and symbols from communications.

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS (“PAPER OR VIRTUAL SIMULATION TRADING”) IN THE MODEL PORTFOLIOS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED WITH CAPITAL, 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 PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.

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 INDIVIDUAL WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN

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