By using any of our Services (even just browsing our website), you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you may not use our Services.
These Terms and Conditions of Service and Use of www.driventrader.com (the “Terms and Conditions”) are hereby made effective as of December 19, 2020 by Driven Trader LLC, a Delaware Limited Liability Company (“Driven Trader” or “we” or “us” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of www.driventrader.com, hereby amend and restate any such prior terms and conditions.
– www.driventrader.com, and all related content, materials and services (collectively, the “Site”) is an online resource related to the trading of securities that provides its Site visitors and members with educational content and resources for use in connection with their trading activities. “Securities” as used herein and for the purposes of these Terms and Conditions, shall include but not be limited to, money, securities and other investments of every kind and nature and all contracts and options relating thereto, whether for present or future delivery.
You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of my use of the Site and the products and services of Driven Trader. By using or accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of Driven Trader. If you are unwilling to be bound by these Terms and Conditions, then you are prohibited from using or accessing the Site.
General Terms
- By using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Driven Trader, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
- Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) will not violate any rights of Driven Trader, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (b) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
- Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- That the content, materials, services and other intellectual property contained or embodied in the Site are owned by Driven Trader and are protected by patent, copyright, trademark and other similar laws;
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, Driven Trader, or any other product or service of Driven Trader;
- Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
- Not to issue chargeback disputes against Driven Trader.
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
- Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Driven Trader.
- Not to share personal information with members, or request personal information from members.
- All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
- Violating any of the aforementioned will result in immediate removal from Driven Trader and forfeits your right to request a refund.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us, which includes order for any product, subscription or any item requiring a purchase through the Site. You agree to provide current, complete and accurate purchase and account information for all purchases made in the Site. You agree to promptly update your account and other information, so that we can complete your transactions and contact you as needed. For more detail, please review our Purchases and Refund Policy below.Purchases and Refund Policy
- Through the Site, Driven Trader offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
- When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Driven Trader to store (or cause a third party to store on behalf of Driven Trader) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
- Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Driven Trader in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Driven Trader may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Driven Trader related thereto.
- All payments made to Driven Trader in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and Driven Trader does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Driven Trader is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
- All fees charged by Driven Trader in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.Linking to our Site
You may link to our Sites or Services, provided you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation; provided that you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.Restricted Sites and Passwords/User Registration
Certain functionality of the Sites or Services are limited to Users who have registered an account for the applicable services. Such Users will have a unique User ID and password combination (“User Credentials”) and will have provided Identity Information (collectively, a “User Account”). You represent and warrant that all account information is truthful and accurate and you will update such information to ensure its accuracy. You represent and warrant that you have provided a valid email address at the time of registration. You agree that all information you provide to register with our Sites or Services or otherwise, including through the use of any interactive features on our Sites or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may update your personal information through our Sites or Services or by contacting us via the contact information provided above. Users are responsible for the confidentiality of User Credentials, and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the User Account will be limited to the User which subscribed under such account. You agree to immediately notify Driven Trader LLC if you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You acknowledge and agree that Driven Trader LLC is authorized to act on all instructions received through your User Account, and that Driven Trader LLC may, but is not obligated to, deny access or block any transaction made through use of your User Account without prior notice if we believe that such User Account is being used by someone other than its registered User, or for any other reason. Driven Trader LLC reserves the right to refuse to grant particular User Credentials to any individual for any reason, including, without limitation, if such User Credentials impersonates someone else, is protected by trademark or other proprietary rights law, or is vulgar or offensive. Driven Trader LLC shall not be liable for any loss or damage arising from a User’s failure to comply with this Section.User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.License
By submitting User Content, you grant Driven Trader LLC an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to Driven Trader LLC, in its sole discretion. All rights, licenses and privileges herein described are granted to Driven Trader LLC immediately upon submission of User Content and shall continue perpetually and indefinitely.Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. Click here to view our Privacy Policy.Errors, Inaccuracies and Omissions
Occasionally there may be information on the Site or Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.Disclaimer
- Your Responsibility
- Driven Trader is not registered as an investment adviser with the U.S. Securities and Exchange Commission. Driven Trader relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, Driven Trader does not offer or provide personalized investment advice. The content and information on the Site should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned.
- You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Any person desiring to trade or invest in securities should do so cautiously and only in consultation with their professional, licensed and qualified financial advisors.
- Driven Trader provides content, materials and services for educational purposes only. The content, materials and services shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer, or solicitation of an offer, to buy or sell securities, nor an attempt to influence the purchase or sale of any security. Driven Trader is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Driven Trader do not require any such registration.
- Data, Content and Information
- No data, content or information provided by Driven Trader or the Site is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.
- Driven Trader does not guarantee the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or linked externally on social media maintained by Driven Trader. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by Driven Trader, the Site or the other social media sites of Driven Trader.
- Driven Trader cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
- You understand, acknowledge and agree that, For informational and teaching purposes only, trades may be called out, posted, or alerted on the Site, Social Media and Discord, but not executed. You understand, acknowledge and agree that Moderators purchase or sell of securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades.
- You understand, acknowledge and agree that Driven Trader and its owner have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical. Driven Trader and its owner have no obligation to maintain records of trades and results.
- By using the site or Discord, You release Driven Trader and its owner from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest with funds that can be lost without jeopardizing your or anyone else’s financial security or life style. Don’t trade with money you can’t afford to lose.
- Investments and Results
- The purchase and sale of securities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.
- Driven Trader does not guarantee any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
- Third Party Websites
- The Site and its content may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Driven Trader is not responsible for the content of any such linked website. Your use of links to other websites is at your own risk.
Limitations of Liability
- In no case shall Driven Trader, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to three times the most recent monthly fee paid by you in connection with the Site, if any, or $250.00, whichever amount is greater and permitted by law.