Terms
LAST UPDATED ON MAY 24, 2021.
PLEASE SCROLL DOWN AND READ THE TERMS OF SERVICE BELOW BEFORE ACCESSING THE SITE.
Welcome to Trading Nuggets. This website (trading.mikesinibaldi.com) (Site) is owned by Mike Sinibaldi, referred to herein as (“Sinibaldi”, or “us”, or “we” or “our”). We are an informational, educational and self-promotional fintech website.
The Terms of Service (the “Agreement”) are a legally binding agreement between you (“You”) and Sinibaldi. The Agreement governs your use of the Site; including without limitation, blogs, newsletters, mobile sites, applications (“apps”, widgets, site products (as defined below) and other content and services that are linked to this Agreement (collectively, the “Service”). IF YOU AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD CHECK THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO THE TERMS OF SERVICE AGREEMENT AND PRIVACY POLICY ON THE REGISTRATION PAGE FOR THE SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, SINIBALDI CANNOT GRANT YOU THE RIGHT TO USE THE CONTENT ON ANY OF THE WEBSITES LISTED BELOW AND YOU SHOULD NOT ACCESS THE SERVICE. YOUR CONTINUED USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY.
The Agreement governs the following website operated by Sinibaldi (each a “Site” or together with the “Sites”):
Trading Nuggets – https://trading.mikesinibaldi.com
Cryptobux – https://cryptocurrency.mikesinibaldi.com
Trading Nuggets Chat Room – https://app.echofin.com/tradingnuggets
1. Description, Eligibility, Restrictions of Use
1.1 General: Sinibaldi is an online financial media publisher of content relating to financial markets (the “Content”). Some of the Content requires users to be registered and other Content requires users to pay a fee which could be billed either on a recurring monthly basis or on a pay-per-use-basis. For more detail, see Section 1.3.3.
• The Service may be used for informational purposes only. If you intend to use this Service or receive or request any other information from Sinibaldi, please see Sections 2. Important Legal Disclaimers related to the Service. They are of particular importance to you.
• The Service is accessible to you through a personal computer, or other access device using a communications connection (e.g., internet service provider or modem and telephone line). You are responsible for obtaining access to the Service and for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or another access device, necessary to access the Service.
• You understand and agree that the Service may include certain communications from Sinibaldi, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided “AS-IS” and that Sinibaldi assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
1.2 Privacy and Your Account: Registration data and other information about you are subject to our Privacy Policy. You hereby acknowledge that you have read and understood the Privacy Policy and consent to Sinibaldi’s use of your Personal Data set out therein. Your information is stored and processed in the United States and by subscribing to a Service, you consent to the transfer of information outside of your country if your origin is outside of the United States of America. If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to the Service, they will have the ability to view information about your account, request information about your account and make changes. You agree to notify us promptly if you change your email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old email address shall be deemed sufficient notice.
1.3 Limitations and Restriction of Use:
1.3.1 People Under 18 Years of Age: You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By accessing the Service, or accepting this Agreement, you represent and warrant that you are either 18 years of age or the age of majority in your jurisdiction and that you have the right, authority and capacity to agree to and abide by this Agreement.
1.3.2 The Service: We dedicate ourselves to delivering responsible, working examples of technical analysis, elliott wave analysis, options, strategies, technical indicators, machine learning, quantitative techniques and tutorials based upon our experience. You will be provided with services that may include: charts, commentary on a variety of financial markets, editorial content, training or live chat rooms, podcast, video, links to other web sites, third-party data and charts and other computer services that Sinibaldi may decide to offer, subject to the terms hereof. Sinibaldi may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, (iv) restricting or terminating any User’s right to use all or part of the Service, at any time in Sinibaldi’s sole discretion and without prior notice or liability and (v) change a freely available part of the Service to a Subscription Service, and vice versa.
• Although this Service may be accessible worldwide, the Service is intended for residents of the United States. The information and other content provided throughout are not necessarily appropriate for use in other locations. If you are not a United States resident and you access the Service, you do so on your at their own risk, and you will be responsible for compliance with local laws, if and to the extent applicable. Software is further subject to United States export controls and may not be downloaded, exported, or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list. Additionally, we may impose limits upon subscription-based offering(s) where a customer resides in a country that Sinibaldi does not support. If you reside outside the United States, See Section 4.1.1 Limitation of Subscription Offerings.
• The Service contains material that is derived in whole or in part from material supplied and owned by Sinibaldi and/or its suppliers and licensors and third parties. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software (“Material”). You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by Sinibaldi to access and use the Service, download certain Material from the Service for your personal, non-commercial use only, provided you do not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices, or any digital rights management mechanism, device or other content protection or access control measure associated with the Service, and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by Sinibaldi and Sinibaldi does not transfer title to any such Material to you.
• You certify that you are an individual (i.e., not a corporation).
1.3.3 Content: Certain content is provided by the Service on a limited basis to anonymous visitors, while other content is made available to Free Member Subscribers (“Registered Subscribers”) and to Subscription-Based Members (“Registered Paid Subscribers”) (collectively, “Subscribers”). You may access and use the Site and Services commensurate with your selection. For more detail on our subscription services, See Section 4.
2. Important Legal Disclaimers
2.1 Informational Purpose Only: You are advised that the material published as part of the Service may be used for educational and informational purposes only.
2.2 Accuracy of Information: The Service contained herein is the opinion and general comments of the Editor and is based upon information that the editor considers reliable; however, neither Sinibaldi nor Editor warrants it’s completeness or accuracy and it should not be relied upon as such. The Service, any statements and or opinions are subject to change without notice and Sinibaldi is not under any obligation to update or correct any content provided on this Service. Sinibaldi is not liable for any errors, omissions or incomplete or out of date information found in the Service.
2.3 No Investment Advice: You understand and agree that Sinibaldi, the editor, its contributors, and affiliates are not licensed and don’t provide advice or recommend any security, commodity, cryptocurrency, future, options, portfolio, index, financial product, investment or ETF (collectively, an “Instrument”). Sinibaldi, the editor, it’s contributors and/or affiliates are not an investment advisory service or broker/dealer. Sinibaldi, the editor, its contributors, and affiliates are not registered investment advisers, licensed stockbrokers or CTA’s, nor do they possess any state or federal financial or licensed designations that allow them to offer you legal, tax, financial planning or investment advice in the U.S. or in any foreign jurisdictions. Before engaging in any trading endeavor, you should read our relevant risk disclosure statements and our Important Information page pertaining to this section of our terms of agreement.
2.3.1 The Service:
• should not be construed as a solicitation to buy, sell or hold any particular investment or Instrument;
• is impersonal and has been prepared without regard to your individual investment objectives, financial situation, and particular needs and should not be construed as personal investment advice. As such, you agree that you shall not contact Sinibaldi, the Service, it’s employees, agents or representatives seeking personalized investment advice. You may submit general questions to the Editor by using our contact form or in a chat room but the Editor can only answer questions of a general nature about a particular Instrument. The Editor will make every effort to answer Subscriber questions on our Site, trading or chat room, or in the pages of an upcoming issue of a newsletter publication.
• does not provide legal, tax or investment advice;
• by discussing or mentioning any particular Instrument herein does not constitute a specific recommendation to buy, sell or hold to any specific person. Any purchase or sale activity in any instrument should be based upon your own analysis and conclusions.
2.4 Suitability: With respect to investments, financial products or Instruments, you agree that either (i) you have sufficient knowledge and experience in business and financial matters to evaluate the merits and risks of any commentary, strategy, tutorial, editorial content, charts or opinions expressed herein and that any investment or trading decision you make will be solely be based upon your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition and liquidity needs or (ii) you will obtain the advice of an investment adviser with respect thereto.
• Sinibaldi shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service and shall not be responsible or liable for any trading or investment decisions made based on such information.
2.5 Affiliate Relationships: The Service for time to time may endorse third-party products or services. In most cases, we have established a financial relationship with those companies and are given a commission or reimbursement on sales we generate. While we value our subscriber’s trust and only endorse products and services that, (i) we believe would be beneficial to you or (ii) where the Service has personal experience with a product or service, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you. Learn more about our Affiliate Relationships.
2.6 Ownership of Instruments: Sinibaldi and other entities in which he may have an interest, the employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the Instruments described in the material published as part of our Service.
2.6.1 Disclosure of Ownership Policy: When it comes to matters of money and our Service, we believe in transparency and accountability. As such, Sinibaldi always strives to operate with the highest levels of integrity and transparency and has established these key components of our disclosure regarding ownership interest of Instruments:
• When an author writes about an Instrument that he or she has a position, trade or beneficial interest in, that fact must be disclosed at the end of an article, within the newsletter publication or on social media threads or posts.
• Employees are required to publicly disclose their current individual positions on their personal profile pages on the Site. (We do not require disclosure of individual stocks that might be in mutual funds, ETF’s or similar instruments)
• An affiliate of Sinibaldi may hold Instruments mentioned in our Service. Editorial personnel do not have nonpublic knowledge of the affiliate’s holdings, and the affiliate’s personnel have no knowledge of any editorial content before it is published.
• Employees must notify our compliance department every time they buy or sell an Instrument, regardless of whether they have written about it.
2.7 Risk Disclosure: Investing and trading involve substantial risk. Neither Sinibaldi, the Editor, nor any of their respective affiliates make any guarantee or other promises as to any results that may be obtained from using the Service. While past performance may be analyzed in the Service, past performance should not be considered indicative of future performance. The content and comments contained within the Site neither purports nor intends to be specific trading advice. It has been prepared without regard to any particular person’s investment objectives, financial situation, and particular needs. Information should not be considered as an offer or enticement to buy, sell or trade. You should seek appropriate advice from your broker, CTA or licensed investment advisor, of which we are not, before taking any action.
THE FOLLOWING RISK DISCLOSURE PAGE LINK CONTAINS IMPORTANT INFORMATION AND YOU SHOULD READ IT AND UNDERSTAND IT BEFORE ENGAGING IN ANY TRADING OPERATIONS
Before trading any asset class, you should read the all relevant risk disclosure statements on our Risk Disclosures page as they pertain to the following sections below.
2.7.1 Simulated Trading: Unless otherwise noted, any trades mentioned within the Service are used to illustrate a strategy and are for educational purposes only. Simulated performance results contain inherent limitations. Unlike actual performance records, the results may under or overcompensate for such factors such as but not limited to; lack of liquidity, commission and slippage. No representation is being made that any account will or is likely to achieve profits or losses to those shown or achieve a specific outcome. No Subscriber should make any investment decision without first consulting his or her own personal financial advisor and conducting his or her own research and due diligence, including carefully reviewing the prospectus and other public filings of the issuer. To the maximum extent permitted by law, Sinibaldi, the Editor and their respective affiliates disclaim any and all liability in the event any information, commentary, analysis, strategies, and opinions, in the Service prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
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, COMMISSION, AND SLIPPAGE. 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT, AND TEXTS. OUR SERVICE, SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.
2.7.2 Futures and Options Risk: Commodity Futures Trading and Options trading have large potential rewards, but also large potential risk. You should familiarize yourself of these risks by reading our complete disclosure and be willing to accept the risks you take in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site or within the Service. The past performance of any trading system or methodology is not necessarily indicative of future results.
2.7.3 Day Trading Risk: Day trading strategies are characterized by placing orders on an intra-day basis for the purpose of profiting from the sale or purchase of one or more securities, usually multiple times over a trading day. In light of this practice, day trading may not be suitable for everyone. You should familiarize yourself with these risks by reading our Day Trading Risk Disclosure.
2.7.4 Low Priced Securities Risk: The term “penny stock” generally refers to low-priced (below $5), speculative securities of very small companies. Penny stocks generally are quoted over-the-counter, such as on the OTC Bulletin Board or in the Pink Sheets but they can also trade on securities exchanges, including foreign securities exchanges. In addition, penny stocks include the securities of certain private companies with no active trading market.
Trading low-priced securities are subject to significant risks, increasing regulatory requirements and oversight, and additional fees. To learn more about risks you face, read our Low Priced Securities Risk Disclosure.
2.7.5 Extended Hours and Market Open Trading Risk: Whenever you engage in a trading operation you subject yourself to several risks. You will assume the greater risks when deciding to trade during extended market hours or during the market open. You should familiarize yourself with these additional risks by reading our Extended Hours and Market Open Risk Disclosure before deciding if such operations are suitable for you.
2.7.6 Virtual Currency Trading Disclosure: The CBOE Futures Exchange LLC (CFE) and the CME Group (CME) have launched trading in Bitcoin futures. The specifications for each Bitcoin futures contract, including margin requirements and price fluctuation limits, can be found on the CFE and CME websites. The regular risks associated with trading commodity futures contracts also apply to the trading of Bitcoin futures. These risks can be viewed at the following link: Futures & Options Risk . Customers choosing to trade Bitcoin futures should consider additional significant risks including, but not limited to: (a) Bitcoin futures contracts have only recently begun trading on a U.S. regulated futures exchanges and as such, there is limited futures trading history in these products; (b)The price of the underlying Bitcoin and the indexes upon which the futures contracts are based are highly volatile and unpredictable based on many factors; (c) Since a limited number of futures commissions merchants may offer trading in the Bitcoin futures contracts, there might be limited volume which might impact market efficiencies and price movements; and (d) The risk of loss can be substantial and could result in a customer losing more than the initial or maintenance margin requirement. As such, each customer should conduct his or her own due diligence prior to making a decision to trade in these products. See, our Virtual Currency Risk Disclosure for more information.
2.8. Earnings Disclaimer:
The Services on this Site are not to be interpreted as a promise or guarantee of earnings and your level of success in attaining results from using our Services depends on the time you devote to the program, ideas, and techniques used, your finances, knowledge and various other skills. Since these factors differ among each individual, we cannot guarantee your success or income level, nor are we responsible for any of your actions. To learn more, read our complete Earnings Disclaimer
2.9. Testimonial Disclaimer: In accordance with the FTC guidelines concerning use of endorsements and testimonials in advertising, please be aware of the following: To the extent that we included any case studies or testimonials on this Site, Testimonials are not representative and you can assume that none of these stories in any way represent the “average” or “typical” customer experience. To learn more, read our complete Testimonial Disclaimer.
3. Subscriber Rules and Guidelines
3.1 Subscriber Registration and Subscriptions: Certain Service offerings will be member-based subscriptions. If you decide to use a member-based service you will be required to register an account. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. For more detail on our subscription services, See Section 4.
• When you register to use the Service, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information about yourself, and to update this information when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if Sinibaldi suspects that your information is untrue or inaccurate, not current, or incomplete, Sinibaldi may, in its sole discretion, suspend or terminate your membership and refuse current or future access to the Service. Any personally identifiable information supplied hereunder will be subject to the terms of our Privacy Policy. Sinibaldi reserves the right to change the nature of this relationship at any time.
• After registering an account on the Service, you will be sent (2) emails. One that provides you with your User ID and password. The second is a confirmation email asking you to confirm your subscription so that you can receive timely updates regarding the content associated with your subscription. It also contains a link to the Service. In order to activate your account, you must click on that link and log-in to the Service.
3.2 Passwords: Should Sinibaldi provide to you a password, or should you select a password, that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and you will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Sinibaldi of any unauthorized use of your password or account or any other breach of security and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.
3.3 Code of Conduct and Posting:
3.3.1 Code of Conduct: Your use of the Service is conditioned upon, that you do not: (i) make any post, as a means of solicitation, advertisement or promotion of an kind; (ii) restrict or inhibit any other user from using and enjoying the Service; (iii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or otherwise objectionable information of any kind, including without limitation, any images or other material depicting Nudity as herein defined; (iv) post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or deliberately offensive comments, or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use of viruses, bots, robots, spiders, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive or may or is intended to damage, interrupt, destroy, hijack or limit the functionality or the operation of, or to monitor the use of, any hardware, software or equipment; (v) post or transmit any information, software or other material that is fraudulent or tortious or that violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights, without first obtaining permission from the owner or right holder, including WAREZ (copyrighted material distributed without permission); (vi) post or transmit any information, software or other material that contains a virus or other harmful component; (vii) post or transmit content that encourages or provides instructional activities about illegal activities, in particular hacking, cracking or phreaking; (viii) post, transmit or in any way exploit any information, software or other material for commercial purposes or that contains advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities or any other forms of solicitations; (ix) solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users; (x) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity; (xi) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (xii) use the Service to collect personally identifying information about users of the Service in violation of our Privacy Policy; (xiii) disguise a file type to thwart Sinibaldi’s detection processes; (xiv) post or transmit any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (xv) attempt to gain unauthorized access to other computer systems or networks connected to the Service, (xvi) remove any copyright, trademark or other proprietary rights notice from the Service or materials originating from the Service; or (xvii) frame or mirror any part of the Service without Sinibaldi’s express prior written consent. For the purposes of this Agreement, “Nudity” shall include, without limitation, images depicting persons with unclothed genitalia or persons wearing transparent clothing over genitalia.
• You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access) for any unlawful purpose. Sinibaldi, at its sole and absolute discretion, shall determine whether any information transmitted or received violates this provision. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble or reduce any portion of the Service to a human-readable form, or attempt to do any of the above. In accordance with mandatory statutory rights, you may decompile any portion of the Service and use such decompiled portion if, and only to the extent that, such decompilation is necessary to obtain the information necessary for an independently created program to be interoperable with the relevant portion of the Service or with another program, and the information so obtained is not used for any other purpose; provided always that prior to such decompilation you have requested the relevant information in writing to Sinibaldi and Sinibaldi has not provided the information within 30 days of your written request.
3.3.2 Posting:
3.3.2.1 Posting Rights: Portions of the Service may provide you and other users; such as, Registered Subscribers and Registered Paid Subscribers (“Subscribers”) an opportunity to submit, post, display, transmit and/or exchange information, comments, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or to others (“Subscriber Supplied Content or Postings”). Sinibaldi, in their sole discretion, may review, edit and shorten certain submitted Postings and/or select certain Postings to display. Postings may include one or more of the following: your screen name, first name, last name, and state. By making a Posting, you are representing and warranting (i) that you are at least 18 years old and (ii) that your comment does not violate the rights of any other person or entity. You will not receive any compensation for your comment or for granting any of these rights. Sinibaldi is not obligated to use your comment. For more detail on Postings, see Section 21.
3.3.2.2 Monitoring: Sinibaldi has no obligation to monitor the use of the Service by members. You acknowledge and agree that Sinibaldi reserves the right to, and may monitor any and all information uploaded to this Service for operational or other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with our Privacy Policy and applicable privacy laws and regulations. Use of the Service constitutes consent to such monitoring. Furthermore, Sinibaldi reserves the right at all times to refuse to post, alter or remove any information or materials, in whole or in part, that in Sinibaldi’s sole and absolute discretion are objectionable or in violation of this Agreement. In addition, Sinibaldi reserves the right, at all times, to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect Sinibaldi, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents and the Service’s users, to satisfy any law, regulation or governmental request or to enforce this Agreement.
3.3.2.3 Royalty Free-License: By uploading files, inputting data, submitting content (including without limitation, commenting to blogs, training rooms or other postings) or engaging in any other form of communication (a “Communication”) through the Service you are granting Sinibaldi a royalty-free, irrevocable, transferable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works from any such Communication in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of Sinibaldi. For each Communication, you represent and warrant that you have all rights necessary for you to grant the license granted in this section and that such Communication, and your provision thereof to and through the Service, comply with all applicable laws, rules, and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Communication that you may have under any applicable law under any legal theory.
• We appreciate hearing from our Subscribers and welcome your comments regarding our services and the Site. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials to us in your posts or otherwise. If despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), you assign all right, title and interest in that Submission to Sinibaldi. Sinibaldi shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission. No part of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
3.3.3.4 Content on the Service: Communications posted through the Service may be provided by users such as you who are unaffiliated with Sinibaldi and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not Sinibaldi, are entirely responsible for all Communications that you upload, post, email or otherwise transmit to or via the Service. In using the Service or receiving e-mail messages from subscribers through the Service, you should not assume that such messages have been reviewed by Sinibaldi, that such Communications contain the correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. Sinibaldi neither endorses nor is responsible for any opinion, advice, information or statements made in the Communications by third parties. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will Sinibaldi be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service. The opinions expressed in the Communications reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Sinibaldi.
3.3.3.5 Your Personal Safety: When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally-identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please note that Sinibaldi has no control over, and shall have no liability for any damages resulting from, the use (including without limitation republication) or misuse by any third party of information voluntarily made public through any Communication or any other part of the Service. If you choose to make any of your personally identifiable or other information publicly available on the Service, you do so at your own risk.
4. Subscriptions Services:
4.1 General: The Service may offer certain content for which we charge a fee that is billed in regular increments (e.g. monthly) in order for registered users to access the content (“Premium Access Subscription Services”).
4.1.1: Limitation of Subscription Offerings: Due to the complex nature of international taxation and other factors, we currently do not offer paid subscription services outside of the United States. You (i) may use a submission form to subscribe as a “Free Member Subscriber / Registered Subscriber” and, (ii) must refrain from completing a paid subscription form from outside the United States to become a “Registered Paid Subscriber” of any paid subscription service and, (iii) must not attempt to circumvent the process to gain access to any particular paid subscription service by intentionally falsifying your personal information. Invalid use will result in an immediate refund and may result in the cancellation of your account in accordance with this agreement.
4.2 Free Trials: From time to time, we may offer our Premium Access Subscription Services through a free trial. Free trials are only available to first-time subscribers of the Premium Access Subscription Service and cannot be combined with any other offer. Only one free trial may be redeemed per person. You must have Internet access, valid email address and a valid credit card (“Payment Method”) to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for the length of subscription indicated during the registration process. In some instances, your available balance or credit limit may reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period.
• At the end of any free trial period, we will begin billing your Payment Method for the indicated subscription fees corresponding to your subscription plus any applicable tax unless you cancel prior to the end of your free trial. You will not receive a notice from us that your free trial has ended or that your paying subscription has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. CLICK THE “CUSTOMER CENTER” LINK AT THE HOME PAGE OF THE SERVICE FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a regular basis for your subscription plan until you cancel. You may cancel your subscription at any time. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See “Credit Card Billing” below).
4.3 Subscription Fees: Are subject to change. In the event of a change in any subscription fee, a notice regarding the subscription fee change will be posted in the Customer Center or you will be sent an email prior to the effective date of the fee change. It is the sole responsibility of the subscribers to check this page from time to time for any such notices.
4.3.1 Applicable Sales and Use Tax: Items sold by Sinibaldi or its subsidiaries, may be subject to tax:
• If an item is subject to sales tax in the state to which the order is shipped, tax is generally calculated on the total selling price of each individual item. In accordance with state tax laws, the total selling price of an item will include any shipping and handling charges and discounts.
• The amount of tax charged on your order will depend upon many factors including the identity of the seller, type of item purchased, and destination of the shipment. When Sinibaldi Trading is required by law to collect sales tax in a specific state, the calculated Tax Rate is added to the item sold and displayed to a Customer during checkout, (after they’ve supplied a Billing Address). For example, if you purchase an item for $24.95, and the Tax Rate is configured as 7.0%; tax is calculated as $1.75. A Customer will pay the Total Amount (Charge + Tax = $26.70). The total amount charged is also reflected in your congratulation e-mail that we send regarding your purchase.
• When Sinibaldi Trading is not required by law to collect sales tax on your order, you are responsible for paying use tax on your order. Please see About Use Taxation and About Tax Requirements for States in which Tax isn’t Collected on Orders for more details regarding your responsibility.
4.4 Credit Card Billing: By subscribing to a Subscription Service, you are expressly agreeing that we are permitted to bill you a periodic (e.g., monthly) subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Subscription Service. As used in this Terms of Service, “billing” shall indicate a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE. The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each period on the calendar day corresponding to the day after your free trial has ended. In the event a monthly membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on March 31 st, your Payment Method would next be billed on April 30th. If you received a free trial, your Payment Method will be authorized for the approximate period of service indicated during registration for the free trial; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. All fees, taxes, and charges are nonrefundable. There will be no refunds or credits for partially used periods unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the “Customer Center” link, available at the top of the home page of the Service. If your Payment Method reaches its expiration date, your continued use of the Subscription Service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, Sinibaldi shall have the right to terminate or suspend your subscription and your access to the Subscription Service.
4.5 Automatic Renewals: Your subscription to a Subscription Service will be automatically renewed on a periodic (e.g., monthly ) basis. We will bill the applicable subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive periodic subscriptions, without prior notice to you, unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each period in order to avoid billing of the next period’s subscription fees to your Payment Method.
4.6 Change or Cancellation: You may change or cancel your subscription to a Subscription Service at any time. Either will be effective at the end of the applicable period during which you notify Sinibaldi of a change or cancellation request. You will continue to have access to any remaining portion of your subscription up until the end of the current billing period. For example, if you make a change or cancellation request on the 15th of the month and your subscription billing is next due on the 30th day, then you will have access to the Service until the 30th day. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. To change your subscription, visit our Customer Center and click on the ‘Change Your Subscription’ link. To cancel, click “Cancel My Subscription or Account’ link. Follow the instructions.
• Sinibaldi reserves the right to discontinue any Subscription Service at any time, and to cancel your subscription in connection with the discontinuation of the Subscription Service; in such event, Sinibaldi will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. We reserve the right to terminate your account for any reason or no reason.
5. Account Access; Identity Protection
• In order to provide you with ease of access to your account, Sinibaldi may place a cookie (a small text file) on any computer from which you access the Service. Please see our Privacy Policy for information about cookies. When you revisit the Service, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
• You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you’re a victim of identity theft and it involves a Sinibaldi account, you should notify Client Services. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. Sinibaldi reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Sinibaldi is not obligated to credit or discount a membership for holds placed on the account by either a representative of Sinibaldi or by the automated processes of the Service.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. Customer Support
All customer support for the Service will be conducted solely online via our contact form.
8. Disclaimer of Warranties:
SINIBALDI HAS PROVIDED LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. SINIBALDI, IT’S SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICE AND THIRD PARTY SITES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND SINIBALDI SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. SINIBALDI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SINIBALDI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE, AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. SINIBALDI FURNISHES THE INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. SINIBALDI AND ITS VENDORS BELIEVE THEIR DATA SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR GUARANTEED.
YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
9. Limitation of Liability
SINIBALDI AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (“THE SINIBALDI PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, SINIBALDI’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE SINIBALDI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT SINIBALDI, IT’S SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE SINIBALDI PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
10. Indemnification
You agree to defend, indemnify and hold harmless Sinibaldi from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
11. Termination
Sinibaldi may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the Materials and/or Content contained in, or accessed through, the Service,(v) tampering with or alteration of any of the Materials and/or Content contained in, or accessed through, the Service. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Sinibaldi may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to Sinibaldi and it’s licensors.
12. Trademarks
Trading Nuggets, Cryptobucks and it’s associated logo, service marks and trade names are trademarks of Sinibaldi and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Sinibaldi or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
13. Minors
No minor is allowed to access the service at any time. You must be 18 years of age or the age of legal majority in your jurisdiction to access the Service. If you are the legal guardian of a Minor, you agree that you shall be solely responsible for: (a) monitoring the unauthorized access of a Minor to the Service; and (c) the consequences of any use of the Service by such Minor. At various places on the Service, we may ask whether users are under the age of 18. Sinibaldi relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age with respect to our privacy policy.
Sinibaldi is concerned about the safety and privacy of all its users, particularly children. For this reason, parents or guardians should deny access to the Site. Please remember that the Site is designed to appeal to a broad audience. Accordingly, as your child’s legal guardian, it is your responsibility, not the responsibility of Sinibaldi, to take appropriate safety precautions to prevent access to this Site. Sinibaldi suggests that parents and guardians visit the web site of the Internet Watch Foundation for information and advice on protecting their children when they are online. Parents and guardians, please note that parental control protections (such as computer hardware, software or filtering services) are available that may assist you in limiting access to material that is harmful to minors.
14. Child Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230(d) as amended, Sinibaldi hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Get Net Wise is a public service brought to you by Internet industry corporations and public interest organizations to help ensure that Internet users have safe, constructive and educational or entertaining online experiences. There is a variety of resources available including access to an Online Safety Guides and Tools for Family at the Get Net Wise web site.
15. Infringement Policy
Sinibaldi, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Sinibaldi accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Sinibaldi has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Sinibaldi in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail:
Mike Sinibaldi
1554 Westover Loop
Lake Mary, FL 32746
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or another proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. 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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. 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 or another’s proprietary right owner, its agent, or the law.
F. 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 or on behalf of the person defamed.
16. Sinibaldi’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Sinibaldi or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Sinibaldi grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to (a) modify the Software in any manner or form, or (b) use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Sinibaldi for use in accessing the Service.
17. Special Admonitions for International Use
The Internet is worldwide and you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you may reside.
18. Modification to the Terms of Service
Sinibaldi reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service without notice. The Service may provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Service. Please review this Agreement from time to time so that you will be apprised of any changes. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
19. Third Party Applications, Websites, and Advertisers
• Your access to or use of the Service may require your use of a media player or other application that is not provided by Sinibaldi. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. PLEASE NOTE THAT SINIBALDI IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH THIRD PARTY APPLICATIONS.
• If the Service provides links to other websites, you should not infer or assume that Sinibaldi operates, controls, or is otherwise connected with these websites. When you click on a link within the Service, we will not warn you that you have left the Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases, it may be less obvious than others that you have left the Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on this Agreement for another website. Sinibaldi is not responsible for the content or practices of any website other than the Service, even if it links to the Service and even if the website is operated by a company affiliated or otherwise connected with Sinibaldi. By using the Service, you acknowledge and agree that Sinibaldi is not responsible or liable to you for any content or other materials hosted and served from any website other than the Service.
• Sinibaldi takes no responsibility for advertisements or any third party material posted on the Service, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Service are between you and the advertiser and you agree that Sinibaldi is not liable for any loss or claim that you may have against an advertiser.
20. Export Control
• Although the Service is accessible worldwide, not all products or services discussed or referenced in, or made available through, the Service is available to all persons or in all geographic locations or jurisdictions. In addition, restrictions may apply to the use of products or services obtained in one jurisdiction in other jurisdictions. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with their local laws, if and to the extent such local laws are applicable. Sinibaldi, it’s subsidiary companies, affiliates, suppliers and agents, reserve the right to limit the availability of the Service and/or the provision of any product or service to any person, geographic area or jurisdiction we or they so desire, at any time and in our or their sole discretion.
• Material from the Service is further subject to United States export controls. No Material from the Service may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
21. Rules for Message Boards, Forums, Training or Chat Rooms, Comments & Other User-Supplied Material
Portions of the Service may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Service or to others (“Post” or “Postings”). Postings do not reflect the views of The Sinibaldi Parties and Sinibaldi does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in this Agreement, Sinibaldi should not be seen as endorsing any Post in any way. The Sinibaldi, Parties shall not be liable for any Posting that is in violation of this Agreement.
You acknowledge that anything you submit to the Service by way of any Posting is routed through Sinibaldi’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on the Service are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards, training rooms, forums, chat rooms or comments (collectively, “Forums”), that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. As set forth in this Agreement, users of Forums must follow acceptable standards of behavior when posting messages online. Users under the age of 18 may not submit Postings to any Forums.
Sinibaldi reserves the right to terminate the account of anyone who Posts materials for any reason whatsoever, in its sole discretion. You are required to follow our Forum Rules as part of this Agreement. Although Sinibaldi may from time to time monitor or review Forums, bulletin boards, discussions, postings, transmissions, and the like on the Service, Sinibaldi is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. Sinibaldi may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate Sinibaldi’s policies in any way. Further, Sinibaldi reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. Sinibaldi will fully cooperate with any law enforcement authorities or court order requesting or directing Sinibaldi to disclose the identity of anyone posting such materials.
If you submit a Posting to the Forums on the Service, you hereby agree to the following: By submitting a Posting, you grant Sinibaldi a non-exclusive perpetual worldwide license to such Posting, and that Sinibaldi shall have the right to use all or any portion of such Posting in all media now known or hereafter devised, worldwide, in perpetuity, as determined by Sinibaldi in its sole discretion. You represent and warrant that you are at least 18 years old. You agree at all times to abide by the Forums’ Rules and acknowledge that failure to do so may lead to the suspension of your ability to post to the Forums and your account. You should also specifically review Sections 2, 8 and 9.
21.1 Forum Rules: We want everyone to benefit from this community and therefore request that you contribute thoughtful and sincere comments and content. However, there are certain mandatory rules that each person (“Subscriber”) participating in this Community must follow.
21.1.2 General Rules:
• If you are not a Subscriber, (i) you are prohibited from participating in Community discussions, (ii) you may share or transmit appropriate content to other non-subscribers through the use of our ‘sharing link’ and in accordance with this agreement, where applicable.
• If you are a Subscriber, you must (i) use your actual first and last name or screen name when you participate in the Community, including when posting any comments or participating in any discussions, (ii) you may not represent that you are any other person, whether real or invented, or imply any connection with any person or organization with which you are not in fact associated, (iii) you must stay on topic or start a new one, (iv) you must demonstrate appropriate respect for other Members. If you disagree with an opinion, feel free to challenge that opinion with a posting of your own, (v) you must not personally attack any other Subscriber, (vi) you will not stalk or harass another Subscriber.
21.13 Specific Posting Rules: If a Posting originates from you or your account, you hereby agree not to post any materials that (i) interferes with anyone else’s use of the Service; (ii) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (iii) encourage anyone to break the law; (iv) violate anyone’s copyright, trademark or another’s property right; (v) interferes with the privacy of any other user; (vi) you will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam”, chain letters or pyramid schemes of any sort to any Subscriber of this Site, (vii) contain a virus or any other harmful component; or (viii) contain false or misleading statements of fact or descriptions of the origin of the material or the communication, (ix) you will not submit or otherwise make available any content that contains links to websites with objectionable content, excessive links to external websites, comments in all capital letters, all bold or all italic or use an objectionable avatar, (x) Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity and (xi) you agree to comply with any additional terms which are referred to on the Service or any sub-site within the Service.
21.2 Reporting Forum Abuse
Subscribers who have posted a comment previously can report comments that are offensive, spam-related or otherwise prohibited by these rules by clicking here and complete the form. Please be specific by using the description box and by addressing your comments to the Moderator.
22. Miscellaneous
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by Sinibaldi to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Sinibaldi. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement but shall not affect the validity and enforceability of any remaining provisions and the Agreement shall be enforced to the fullest extent allowed by law as to effect the intention of the parties.
This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If you believe that any content on the Service (including, without limitation, Postings) violates any of the terms of this Agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message. You acknowledge that the provisions of this Agreement are intended to inure to the benefit of entities affiliated with Sinibaldi or licensors of Sinibaldi or any of its affiliated entities as third party beneficiaries of this Agreement, and Sinibaldi its affiliated companies or its or their licensors will be entitled to enforce such provisions against you.
23. Governing Law
Except to the extent expressly provided in the following paragraph, this Agreement (including any of our policies referred to herein) shall be governed by and construed in accordance with the laws of the State of Florida in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts in Seminole County in the State of Florida, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
24. Claims and Agreement to Arbitration
Any action arising by a user or Subscriber must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that all disputes and claims arising out of, or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled “Rules,” and then click on the link labeled “Supplementary Procedures for Consumer-Related Disputes”). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or video conference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the County of Seminole in the State of Florida. The arbitrator’s decision shall be based upon the laws of the State of Florida as set forth in Section 23 above, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator’s decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in Seminole County in the State of Florida shall have such jurisdiction. The foregoing shall not preclude Sinibaldi from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
25. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please use our Contact US form. You may also contact us by writing to Mike Sinibaldi — Customer Care Department, 1554 Westover Loop, Lake Mary, FL 32746, or by calling us at 407-637-9340. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
26. Registration
When you register for trading.mikesinibaldi.com you will be asked to verify your age and agree to this “Agreement, Terms of Service & Privacy Policy”. Please note, if you are under EIGHTEEN (18) years old, you may not access this Site.