Terms of Use
We are excited to have you begin using Trading Tips mobile
app. Please read the following carefully to understand the
terms and conditions required for use
SECTION 1
INTRODUCTION
1.1 The entity you are contracting with is Resian Innovations,
LLC d/b/a Trading Tips (referred hereinafter as "Trading
Tips," "we," or "us."). Resian Innovations, LLC is located in
Spring, TX, USA.
1.2 Trading Tips is a mobile app which generates daily stock
trading tips for publicly traded companies. Trading tips can
be accessed with a subscription.
1.3 Trading Tips uses proprietary software and evaluation
models for analyzing publicly available stock market results
to identify select bullish predictions with the potential to
help maximize short-term gains and minimize losses. Trading
Tips does not make, or claim to make, any guarantees for its
trading tips as it has no control on the outcome of future
stock prices or market results.
1.4 This Terms of Use, the User Privacy Policy, and all
policies posted on our sites set out the terms on which
Trading Tips offers you access to, and use of, our site and
related apps and services, (collectively "Services"). All
policies, and the User Privacy Policy, are incorporated into
this Terms of Use. You agree to comply with all of the above
when accessing or using our Services.
1.5 By using the Services, you state that:
1.5.1 You can form a binding contract with us;
1.5.2 You are not a person who is barred from receiving the
Services under the laws of the United States or any other
applicable jurisdiction;
1.5.3 You do not appear on the U.S. Treasury Department’s list
of Specially Designated Nationals or face any other similar
prohibition;
1.5.4 If you are using the Services on behalf of a business,
government office, or any other entity, you are authorized to
grant all licenses set forth in these Terms and to agree to
these Terms on behalf of the business or entity;
1.5.5 You agree to the terms of this Terms of Use, as updated
from time to time, and all applicable local, state, national,
and international laws, rules, and regulations.
1.6 Please be advised that this Terms of Use contains
provisions that govern how claims you and Trading Tips have
against each other are resolved. It also contains an
AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US OR OUR AGENTS TO BINDING ANDFINALARBITRATION.
SECTION 2
USING TRADING TIPS APP
2.1 By using Trading Tips you agree that you are utilizing our
Services for informational and entertainment purposes only and
acknowledge that Trading Tips is not a gambling, investment,
or trading platform.
2.2 In connection with using or accessing the Services you
will not:
2.2.1 breach or circumvent any laws, third-party rights or our
systems, policies, or determinations of your account status;
2.2.2 use our Services if you are temporarily or indefinitely
suspended from using our sites, services, applications or
tools;
2.2.3 engage in any violation of the CHILDREN’S ONLINE PRIVACY
PROTECTION, 15 USC6501, et seq., or any analogous state or
local law addressing the online protection of minors, whether
as to privacy or decency;
2.2.4 misreport the fair market value of any winnings you
receive on Trading Tips as may be required for federal, state,
or local tax purposes, and/or insurance purposes;
2.2.5 manipulate the terms of any goods or services offered on
Trading Tips or interfere with any other user's listings;
2.2.6 interfere with the working of our Services, or impose an
unreasonable or disproportionately large load on our
infrastructure;
2.2.7 take any action that may undermine our payment gateway
and/or processing system;
2.2.8 transfer your Trading Tips account and user ID to
another party without our consent;
2.2.9 distribute viruses or any other technologies that may
harm Trading Tips or the interests or property of users;
2.2.10 use any robot, spider, scraper, data mining tools, data
gathering and extraction tools, or other automated means to
access our Services for any purpose, except with the prior
express permission of Trading Tips;
2.2.11 violate any export control laws of any relevant
jurisdictions in connection with your use of the Services;
2.2.12 infringe the copyright, trademark, patent, publicity,
moral, database, and/or other intellectual property rights
(collectively, "Intellectual Property Rights") that belong to
or are licensed to Trading Tips;
2.2.13 infringe any Intellectual Property Rights that belong
to third parties affected by your use of the Services;
2.2.14 commercialize any Trading Tips Services, except with
the prior express permission of Trading Tips;
2.2.14 commercialize any Trading Tips Services, except with
the prior express permission of Trading Tips;
2.2.15 harvest or otherwise collect information about users
without their consent; or
2.2.16 circumvent any technical measures we use to provide the
Services.
2.3 Trading Tips reserves the rights, but is not obligated, to
enforce the following:
2.3.1 Failure to meet Trading Tips standards may result in
Trading Tips limiting, restricting, suspending, or downgrading
your account.
2.3.2 If we believe you are abusing Trading Tips in any way,
we may, in our sole discretion and without limiting other
remedies, limit, suspend, or terminate your user account(s)
and access to our Services, remove any special status
associated with your account(s), remove, not display, and/or
demote listings, reduce or eliminate any discounts, and take
technical and/or legal steps to prevent you from using our
Services.
2.3.3 If we believe you are violating the policy barring
completion of transactions initiated via the Services outside
of Trading Tips, you may be subject to a range of actions,
including limits on your use and account features, suspension
of your account, application of fees, and recovery of expenses
for policy monitoring and enforcement.
2.3.4 We may cancel unconfirmed accounts or accounts that have
been inactive for a long time or modify or discontinue our
Services. Additionally, we reserve the right to refuse or
terminate all or part of our Services to anyone for any reason
at our discretion.
2.3.5 When issues arise between parties, we may consider the
user's performance history and the specific circumstances in
applying our policies. We may choose to be more lenient with
policy enforcement in an effort to do the right thing for our
users.
SECTION 3
STOCK TRADING TIPS
3.1 When accessing Trading Tips, you agree to the following:
3.1.1 Tips are for informational purposes only and it is your
responsibility to perform the necessary research and
verification prior to making investment decisions.
3.1.2 Tips and other Services offered by Trading Tips are not
guaranteed to result in a profit.
3.1.3 Trading Tips bears no responsibility for how tips are
incorporated in your investment strategies, or used on Third
Party services, and is not liable for losses sustained or
entitled to any gains as a result.
3.1.4 Trading Tips tips are intended only for short-term
positions and do not provide any indication on the long-term
potential for any stock.
3.1.5 Tips are limited to publicly traded companies on US
stock exchanges.
3.1.6 Trading Tips tips include recommendations on which
stocks to buy on specific trading days, maximum buy price for
the stock, and when to sell the stock to potentially maximize
short-term gains or minimize short-term losses.
3.1.7 You will provide Trading Tips with up-to-date contact
information to receive timely notifications for stock tips.
Trading Tips will not be held responsible if notifications are
not viewed or received timely due to incorrect contact
information or issues associated with Third Party services.
3.1.8 Trading Tips discontinues tracking a stock after it
recommends it be sold.
3.1.9 Trading Tips reserves the right to suspend tips for any
reason it deems necessary; including acts of terrorism or
natural disasters, unplanned closure of the stock exchange,
etc.
3.2 Trading Tips does not offer, or claim to provide, any
analytical tools for the purpose of aiding you in determining
what stocks to buy or investment to make. You have sole and
final responsibility for the methodology, analysis and / or
approach used in making stock purchases and agree not to hold
Trading Tips liable for the outcome.
SECTION 5
PAYMENTS
5.1 When using Trading Tips, you agree that all purchases are
non-refundable, non-transferable and non-redeemable.
SECTION 6
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT PURUSANT TO 17 USC 512(C)
6.1 We respond to notices of alleged copyright infringement
under the United States Digital Millennium Copyright Act.
6.2 Trading Tips works to ensure that our Services do not
infringe upon the copyright, trademark, or certain other
Intellectual Property rights of Third Parties. If you believe
that your intellectual property rights have been infringed,
please submit a notice to Trading Tips by email us at
info@Trading Tips.com
SECTION 7
AUTHORIZATION TO CONTACT YOU BY EMAIL OR PHONE AND MONITOR ACTIVITY
7.1 Trading Tips may contact you using email as well as
autodialed or prerecorded calls and text messages, at any
telephone number that you have provided us, to: (i) provide
notices regarding your account; (ii) troubleshoot problems
with your account; (iii) resolve disputes; (iv) collect debts;
or (v) as necessary to service your account or enforce this
Terms of Use, our policies, applicable law, or any other
agreement we may have with you.
7.2 Trading Tips may also contact you using email or calls
including robocalls and text messages for marketing purposes
in accordance with its Privacy Policy. Standardtelephone
minute and text charges may apply and may include overage fees
if you have exceeded your plan limits.
7.3 If you do not wish to receive such communications on any
given device, you must change your communications preference
by updating the permissions on your account.
7.4 Trading Tips may share contact information provided by you
to Trading Tips with its authorized service providers in
accordance with our Privacy Policy. These service providers
may contact you (including emails, robocalls and text
messages) to carry out the purposes we have identified above.
7.5 Trading Tips may, without further notice or warning, and
in its discretion, monitor or record communication you or
anyone acting on your behalf has with Trading Tips or its
agents for quality control and training purposes, or for its
own protection.
7.6 Trading Tips automated systems may scan and analyze
purchases, predictions and plays to detect and prevent
fraudulent activity or violations of Trading Tips’ Terms of
Use, including the incorporated terms, notices, rules, and
policies. This scanning and analysis may occur before, during,
or after the purchase(s) are confirmed. Trading Tips may store
results from scans and analysis of user activity in line with
our Privacy Policy.
SECTION 8
ADDITIONAL TERMS
8.1 You agree that you are making use of our Services at your
own risk, and that they are being provided to you on an "AS
IS" and "AS AVAILABLE" basis. Accordingly, to the extent
permitted by applicable law, we exclude all express or implied
warranties, terms and conditions including, but not limited
to, implied warranties of merchantability, fitness for a
particular purpose, and non-infringement.
8.2 In addition, to the extent permitted by applicable law, we
(including our parent, subsidiaries, and affiliates, and our
and their officers, directors, agents and employees) are not
liable, and you agree not to hold us responsible, for any
damages or losses (including, but not limited to, loss of
money, goodwill or reputation, profits, other intangible
losses, or any special, indirect, or consequential damages)
resulting directly or indirectly from:
8.2.1 stock trading tips, plays and predictions using the
Services;
8.2.2 your use of or your inability to use our Services;
8.2.3 pricing, format, or other guidance provided by Trading
Tips;
8.2.4 delays or disruptions in our Services;
8.2.5 viruses or other malicious software obtained by
accessing or linking to our Services;
8.2.6 glitches, bugs, errors, or inaccuracies of any kind in
our Services;
8.2.7 damage to your hardware device from the use of any
Trading Tips or its Services;
8.2.8 the content, actions, or inactions of third parties,
including items listed using our Services;
8.2.9 a suspension or other action taken with respect to your
account or breach of the terms in this Terms of Use or our
policies; or
8.2.10 your need to modify practices, content, or behavior, or
your loss of or inability to do business, as a result of
changes to this Terms of Use or our policies.
8.3 Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and
exclusions may not apply to you.
8.4 Regardless of the previous paragraphs, if we are found to
be liable, our liability to you or to any third party is
limited to the greater of
8.4.1 the amount of fees in dispute not to exceed the total
fees, which you paid to us in the 12 months prior to the
action giving rise to the liability, or
8.4.2 $250
SECTION 9
INDEMNITY
You will INDEMNIFY AND HOLD US (INCLUDING OUR AFFILIATES AND SUBSIDIARIES, AS WELL AS OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY FOR ANY ECONOMIC, PROPERTY, REPUTATIONAL, OR PERSONAL INJURY HARM (INCLUDING DEATH) ARISING FROM OR IN ANY WAY RELATING TO YOUR ACTUAL OR ALLEGED USE OF TRADING TIPS SERVICES, OR YOUR BREACH OF ANY LAW OR THE RIGHTS OF A THIRD PARTY IN CONNECTION WITH YOUR ACTUAL OR ALLEGED USE OF TRADING TIPS SERVICES, EVEN IF IT IS ALLEGED, CLAIMED, OR PROVEN THAT SOME, PART, OR ALL OF SUCH PARTY’S LOSSES WERE CAUSED IN WHOLE OR IN PART BY TRADING TIPS OWN NEGLIGENCE.
SECTION 10
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRADING TIPS HAVE AGAINST EACH OTHER ARE RESOLVED.
10.1 You and Trading Tips agree that any claim or dispute at
law or equity that has arisen, or may arise, between you and
Trading Tips (including any claim or dispute between you and a
third-party agent of Trading Tips) that relates in any way to
or arises out of this or previous versions of the Trading Tips
Terms of Use, your use of or access to the Services, the
actions of Trading Tips or its agents, or any products or
services sold or purchased through the Services, will be
resolved in accordance with the provisions set forth in this
Legal Disputes Section.
10.2 APPLICABLE LAW: You agree that, except to the extent
inconsistent with or preempted by federal law, the laws of the
State of Texas, without regard to principles of conflict of
laws, will govern the Terms of Use and any claim or dispute
that has arisen or may arise between you and Trading Tips,
except as otherwise stated in the Terms of Use.
10.3 VENUE: The arbitration hearing, and any hearing to enter
judgment for declaratory relief, injunctive relief, or to
award the arbitration award, shall take place in Harris
County, Texas.
10.3.1 You and Trading Tips agree to submit to the personal
jurisdiction of the courts located within Harris County, Texas
for the purpose of litigating all such claims or disputes.
10.3.2 If the value of the relief sought is $10,000 or less,
you or Trading Tips may elect to have the arbitration
conducted by written submissions only, which election shall be
binding on you and Trading Tips subject to the arbitrator's
discretion to require an in-person or telephonic hearing.
SECTION 11
AGREEMENT TO ARBITRATE
11.1 You and Trading Tips each agree that any and all disputes
or claims that have arisen, or may arise, between you and
Trading Tips (including any disputes or claims between you and
a third-party agent of Trading Tips) that relate in any way to
or arise out of this or previous versions of the Terms of Use,
your use of or access to Trading Tips Services, the actions of
Trading Tips or its agents, or any products or services sold,
offered, or purchased through Trading Tips Services shall be
resolved exclusively through final and binding arbitration,
rather than in court. The Federal Arbitration Act governs the
interpretation and enforcement of this Agreement to Arbitrate.
11.2 You and Trading Tips agree that EACH PARTY MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN
INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY
GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRADING TIPS
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN
MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,
REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR
PROCEEDING. ALSO, 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 PARTY'S
INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER
USERS. If a court decides that applicable law precludes
enforcement of any of this paragraph's limitations as to a
particular claim for relief, then that claim (and only that
claim) must be severed from the arbitration and may be brought
in court, subject to your and Trading Tips’s right to appeal
the court's decision. All other claims will be arbitrated.
11.3 Arbitration is more informal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or
jury, and court or appellate review of an arbitration award is
very limited. However, an arbitrator can award the same
damages and relief on an individual basis that a court can
award to an individual.
11.4 All issues are for the arbitrator to decide, except those
issues relating to arbitrability, the scope or enforceability
of this Agreement to Arbitrate, the interpretation of §11.2,
and the issuance of any properly requested injunctive or
declaratory relief.
11.5 The arbitration will be conducted by the American
Arbitration Association ("AAA") under its rules and
procedures, including the AAA's Consumer Arbitration Rules (as
applicable), as modified by this Agreement to Arbitrate. The
AAA's rules are available at www.adr.org or by calling the AAA
at 1-800-778-7879.
11.6 The use of the word "arbitrator" in this provision shall
not be construed to prohibit more than one arbitrator from
presiding over an arbitration; rather, the AAA's rules will
govern the number of arbitrators that may preside over an
arbitration conducted under this Agreement to Arbitrate.
11.7 A party who intends to seek arbitration must first send
to the other, by certified mail, a completed form Notice of
Dispute ("Notice") in accordance with §12.3. The Notice to
Trading Tips should be sent to the address which will be
provided after request is made via email to info@Trading
Tips.com. Trading Tips will send any Notice to you to the
physical address we have on file associated with your Trading
Tips account; it is your responsibility to keep your contact
information up to date.
11.7.1 All information called for in the Notice must be
provided, including a description of the nature and basis of
the claims the party is asserting and the relief sought.
11.7.2 If you and Trading Tips are unable to resolve the
claims described in the Notice within 30 days after the Notice
is sent, you or Trading Tips may initiate arbitration
proceedings by sending an initiation arbitration in accordance
with AAA rules and procedures. The party initiating the
arbitration must mail a copy of the completed form to the
opposing party in the same manner as set forth for Notice in
§11.7
11.8 The arbitrator will decide the substance of all claims in
accordance with applicable law, including recognized
principles of equity, and will honor all claims of privilege
recognized by law. The arbitrator shall not be bound by
rulings in prior arbitrations involving different users, but
is bound by rulings in prior arbitrations involving the same
Trading Tips user to the extent required by applicable law.
The arbitrator's award shall be f inal and binding and
judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof.
11.9 Any settlement offer made by you or Trading Tips shall
not be disclosed to the arbitrator.
11.10 Payment of all filing, administration and arbitrator
fees will be governed by the AAA's rules, unless otherwise
stated in this Agreement to Arbitrate.
SECTION 12
GENERAL PROVISIONS
12.1 SEVERABILITY. Whenever possible, each provision of this
agreement will be interpreted in a manner to be effective and
valid under applicable law. If any provision is held to be
prohibited or invalid under applicable law, that provision
will be ineffective only to the extent of the prohibition or
invalidity, without invalidating the remainder of this
agreement.
12.2 DESCRIPTIVE HEADINGS. The descriptive headings of this
agreement are inserted for convenience only and do not
constitute a part of this agreement.
12.3 NOTICES. All notices, demands, or other communications to
be given or delivered under this Agreement will be in writing
and will be delivered personally or mailed by certified or
registered mail, return receipt requested.
12.4 ENTIRE AGREEMENT. This Agreement, including the documents
referred to in it, constitutes the entire Agreement between
the Parties and supersedes any prior and / or contemporaneous
negotiations, understandings, agreements or representations by
or among the Parties, written or oral, made by one party to
another that may have related in any way to the subject matter
of this Agreement, including all statements and
representations inducing any party into this Agreement. Every
Party to this Agreement further disclaims reliance on any
representation, of any kind or made at any time, by any other
Party to this Agreement, or any Party's attorneys or agents,
as an inducement to enter into this Agreement. Rather, every
Party warrants that he, she or it has exercised due diligence
in entering into this Agreement, after having the opportunity
to review this Agreement with counsel of their choice.
12.5 CONSTRUCTION. The language used in this Agreement will be
deemed to be the language chosen by the parties to express
their mutual intent. Any reference to a federal, state, local
or foreign statute or law will be deemed to also refer to all
rules and regulations as promulgated, unless the context
requires otherwise. Thus, use of the word "including" in this
Agreement is intended by the parties to be by way of example
rather than limitation.
12.6 NON-WAIVER. The failure by one party to require
performance of any provision shall not affect that party's
right to require performance at any time thereafter, nor shall
a waiver of any breach or default of this Agreement constitute
a waiver of any subsequent breach or default or a waiver of
the provision itself.