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TERMS & CONDITIONS

 

The Terms and Conditions written on this webpage, together with our Privacy Policy and Disclaimers, set forth the terms and conditions (“Terms”) that apply to your access and use of  our website, USvsHERD accessible at USvsHERD.com, as well as through certain downloadable mobile applications and third-party websites (together, the “Site”).

These Terms will be applied fully and affect your use of the Site. By using the Site, you agree to accept all Terms written here. You must not use the Site if you disagree with any of these Terms.

General Terms

Site is an online resource related to the trading of options that may provide its customers and members with interactive videos; trading, investment and research tools and simulators; and educational classes, materials and resources for use by customers and members in connection with their trading activities (“Services”). “Options” as used herein and for the purposes of these Terms shall include but not be limited to, money, options, stocks and other investments of every kind and nature and all contracts and options relating thereto, whether for present or future delivery.

In consideration of each member’s or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every member and customer to act with integrity, and to abide by these Terms and each other rule, regulation or other policy of USvsHERD.

By using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of USvsHERD, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of USvsHERD, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by USvsHERD, (d) have full power and authority to enter into and perform these Terms, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of USvsHERD, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.

Intellectual Property Rights

By using this Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site (and its associated content) and/or Services in accordance with this Agreement. We retain the right to terminate this license, without notice, in our sole and absolute discretion, at any time for any reason whatsoever.  We also reserve any rights not explicitly granted in these Terms.  Other than the content you own, under these Terms, USvsHERD owns all the intellectual property rights and materials contained in the Site.

The Services, available through the Site, are for your viewing, educational, and simulated trading purposes. These Services were developed and/or produced by us. Your license to access the Services through the Site is subject to the following rules:

(a)    Your access of the Services is conditioned upon your prior acceptance of the terms of this Agreement.

(b)   You are authorized to use the Services only for personal, noncommercial use.

(c)    You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any documents, materials, security technology, software that is part of the Services.

(d)   The delivery of Services and the provision of the Services do not transfer to you any rights beyond the limited license as described above.

(e)    You agree not to transfer, sell or resell your username and/or password, or otherwise provide access to the site, through the use of your username and password, to any third party. You are permitted to share and/or republish information contained on the Site solely for educational purposes and only if proper ownership credit is given to USvsHERD.

Restrictions

You are specifically restricted from all of the following:

  • publishing any Site material or training materials in any other media and claiming or implying the content is your own;
  • publishing any Site material or training materials in any manner that is intended to deceive, do harm, or for personal financial gain;
  • selling, sub-licensing and/or otherwise commercializing any Site material or training materials;
  • publicly performing and/or showing any Site material or training materials;
  • using this Site or training materials in any way that is or may be damaging to this Site;
  • using this Site or training materials in any way that impacts user access to this Site;
  • using this Site or training materials contrary to applicable laws and regulations, or in any way may cause harm to the Site, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site or training materials;
  • using this Site or training materials to engage in any advertising or marketing.

Certain areas of this Site are restricted from being accessed by you and USvsHERD may further restrict access by you to any areas of this Site, at any time, in absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality as well.

Site Content

Any Services provided, listed, posted or made available on the Site should not necessarily be relied upon. The Site is designed to provide you with materials for educational and entertainment purposes. The Site was not designed and should not be used as a database of stock prices on which you may rely on in actual trading. USvsHERD does not guarantee the accuracy, completeness or usefulness of any information made available by its Services on the Site and/or through the Services and neither adopts, endorses, nor is responsible for the accuracy, completeness or reliability of any Services on the Site. You may access such information solely:

  1. a) For your general entertainment, educational and personal use; and
  2. b) As intended through the normal functionality of the Site.

Your Content

In these Terms, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Site. By displaying Your Content, you grant USvsHERD a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third party’s rights. USvsHERD reserves the right to remove any of Your Content from the Site at any time without notice.

No Warranties

You expressly agree that access and/or use of the Site and/or Services is at your sole risk. This Site and all materials herein are provided “as is,” with all faults, and USvsHERD expresses no representations or warranties, of any kind related to the Site or the materials contained on the Site. Also, nothing contained on the Site shall be interpreted as advising you.

USvsHERD shall not be liable to you for any Services, goods and/or information available from third parties, even if obtained at or through the Site and/or Services. If you are dissatisfied with the Site and/or Services or with these Terms, your sole and exclusive remedy is the cancellation of your membership and to discontinue use of the Site and Services.

Limitation of Liability

In no event shall USvsHERD, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Site whether such liability is under contract.  USvsHERD, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Site.

Indemnification

You hereby indemnify to the fullest extent USvsHERD, and our subsidiaries, affiliates, officers, parent companies, agents, co-branders or other partners, and employees, from and against any and/or all liabilities, costs, demands, causes of action, settlements, damages and expenses (i) arising in any way related to your breach of any of the provisions of these Terms, (ii) arising from your misuse of the Services or Site, or (iii) arising from your violation of or breach any of the policies, rules or guidelines referenced herein.

Modifications

USvsHerd reserves the right to revise these Terms at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms, and your continued use of the Site reaffirms your agreement to the then-current Terms. You agree to consult the Site regularly for up-to-date information about these Terms and the Privacy Policy.

USvsHERD may make changes to the Site, and the other products and services of USvsHERD, at any time without notice. USvsHERD does not, however, make any commitment to update the Site, and the other Services of USvsHERD.

Serverability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

USvsHERD is permitted to revise these Terms at any time as it sees fit, and by using this Site you are expected to review these Terms on a regular basis.

Assignment

USvsHERD is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between USvsHERD and you in relation to your use of this Site, and supersedes all prior agreements and understandings.

Dispute Resolution

In the interest of resolving disputes between you and USvsHERD in the most expedient and cost-effective manner, you and USvsHERD agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users of the Site.

YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT, YOU AND USVSHERD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Illinois, USA, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the USA for the resolution of any disputes.

Questions

Questions about the Terms should be addressed to support@usvsherd.com.

Questions about billing should be addressed to support@usvsherd.com.