Terms and Conditions of Service

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS SITE.  BY CONTINUING TO ACCESS OR USE THIS SITE, OR ANY SERVICE ON THIS SITE, YOU ARE SIGNIFYING TO TSUNAMI TRADING EDUCATORS, INC. (“TSUNAMI TRADING”) YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. 

1. User Consent to Terms and Conditions of Service. You represent that you have read and agree to be bound by the terms and conditions of service (“TOS”) for this web site.

2. Intellectual Property. This web site, including but not limited to the training program, text, content, photographs, video, audio, graphics, digital downloads, data compilations, software and goods (collectively, the “Service”), is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties.  You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Tsunami Trading through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, and constitutes valuable intellectual property and trade secrets of Tsunami Trading.  You agree to protect the proprietary rights of Tsunami Trading during and after the term of this agreement and to comply with all reasonable written requests made by Tsunami Trading or its suppliers of content, equipment, or otherwise (“Suppliers”) to protect their contractual, statutory, and common law rights in the Service. You agree to notify Tsunami Trading in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Tsunami Trading, at all times be and remain the sole and exclusive property of Tsunami Trading.  All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Tsunami Trading for its exclusive use.  Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof.  Except as specifically permitted herein, you shall not use Tsunami Trading’s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Tsunami Trading’s prior written approval.

3. Restrictions on Use. YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER, DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER THAT COULD COMPETE WITH THE BUSINESS OF TSUNAMI TRADING. YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT TSUNAMI TRADING’ S PRIOR WRITTEN CONSENT.  ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF TSUNAMI TRADING. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF TSUNAMI TRADING’S TRADEMARKS, TRADE NAMES, OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH TSUNAMI TRADING’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE SET FORTH ON THE SERVICE.

4. License. You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the TOS. Should you choose to download content from the Service, you must do so in accordance with the TOS. Such download is licensed to you by Tsunami Trading ONLY for your own personal, noncommercial use in accordance with the TOS and does not transfer any other rights to you.

5. Disclaimer and Limitation of Liability. (i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT TSUNAMI TRADING MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

(ii) Tsunami Trading does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Tsunami Trading or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. The content of other web sites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Tsunami Trading. Tsunami Trading is therefore not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Tsunami Trading does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other web sites, services, goods, or advertisements that may be linked to the Service. Tsunami Trading is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Tsunami Trading and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TSUNAMI TRADING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF TSUNAMI TRADING HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.  IN NO EVENT SHALL TSUNAMI TRADING’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICE.

(iv) You acknowledge that stock market and futures trading is a unique undertaking that has a large potential for rewards, but also a large potential for losses, and may not be suitable for all individuals. You assume the entire cost and risk of any trading you choose to undertake. You are solely responsible for making your own investment decisions. If you choose to engage in such transactions with or without seeking advice from a licensed and qualified financial advisor or entity, then such decision and any consequences flowing there from are your sole responsibility.
(v) Although the Service may provide information relating to approaches to investing or types of securities and investments you might buy, sell or hold, no information available through the Service is intended or should be construed as any advice, recommendation or endorsement from Tsunami Trading as to any legal, tax, investment or other matter.  No reference to any specific security constitutes a recommendation to buy, sell or hold that security or any other security.  No part of the Service shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment advice or service to any person in any jurisdiction.  No part of the Service constitutes investment advice or offers any opinion with respect to the suitability of any security, and the views expressed therein should not be taken as advice to buy, sell or hold any security.  The information provided through the Service has no regard to the specific investment objectives, financial situation and particular needs of any specific recipient of this information and investments discussed may not be suitable for all investors.

(vii) No representation is being made that you will or are likely to achieve profits or losses similar to ones shown or implied in the Services.  You must carefully consider your suitability to trade securities and your ability to bear the financial risk. The entire risk of use and consequences of use of the Services fall completely on you.  No guarantee of a profit has been said, made, or implied by Tsunami Trading.

 (vii) You understand fully that stock market and futures trading involves high risk, which may include, but be not limited to, the possible loss of your entire principal.  Tsunami Trading does not claim or guarantee that the formulas and strategies we discuss will generate profits for anyone who uses them.  Results of trading activity are variable.  Performance history is not an indicator of future results.

(viii) All trades depicted or discussed are to be seen as strictly hypothetical and simulated. Your own trades should be hypothetical and simulated as well. Tsunami Trading does not in any way state or in any way guarantee that any person actually bought or sold, or could have bought or sold, the actual issues for the prices listed in any of the products, services, and materials, or even at prices close to the prices listed. The prices listed are for reference and comparative purposes only, and such prices are in no way intended to represent an actual trade, an actual entry price or an actual exit price. Tsunami Trading does not offer stock, or futures advice, suggestions, or promotion of any investment in any specific market sector. 

(ix) Tsunami Trading’s products and services are designed solely for educational and entertainment purposes only.  Actual investment decisions are exclusively the prerogative of each investor.  Tsunami Trading makes no representations or claims or guarantees about our or your results.  Tsunami Trading is not licensed as a broker/dealer, investment advisor or an investment advisory service and our system is for educational and entertainment purposes only.  This includes all online trading chat room displayed or verbal content, website contents and/or any materials or content Tsunami Trading may disseminate.

(x) Any information, opinion, advice or offer posted by any entity logged in at Tsunami Trading chatroom sites is to be construed as public conversation only.  Tsunami Trading makes no assurances regarding the truth, timeliness or good faith of the material posted. 

(xi) Because the market environment is dynamic the trader must be prepared to exercise flexibility as well as sound judgment and skill. That judgment and skill may take many months or years to develop. Because of the financial risk associated with trading the reader is advised to achieve consistent positive paper-trading and simulated trading results for a long period of time before assuming any financial risk inherent in actual trading in the market place. Any and all trades entered into by you are at your total discretion and risk. Always seek competent professional advice before entering any trade. Always consult a licensed broker/dealer or investment adviser before entering any trade.  Purchasing, reading or utilizing any material from Tsunami Trading or parts thereof, constitutes full acceptance of and agreement to all statements in this disclaimer and exempts the author, publisher and distributors from any and all liability and litigation.

(xii) FUTURES AND OR STOCK TRADING CAN INVOLVE HIGH RISKS WITH THE POTENTIAL FOR SUBSTANTIAL LOSSES. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY.  SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE THE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.  ALL TRADES DEPICTED OR DISCUSSED IN THE CHATROOM, WEBSITE OR COURSE ARE TO BE CONSIDERED STRICTLY SIMULATED AND HYPOTHETICAL.  TRADING INVOLVES HIGH RISK AND YOU CAN LOSE A LOT OF MONEY.  WHEN INVESTING IN SECURITIES YOU MAY LOSE ALL OF THE MONEY YOU INVESTED.  WHEN INVESTING IN FUTURES, YOU MAY LOSE MORE THAN THE FUNDS YOU INVESTED.

6. Indemnification. You agree, at your own expense, to indemnify, defend and hold harmless Tsunami Trading and its employees, representatives, Suppliers, affiliates, and agents, against any claim, suit, action, or other proceeding brought against Tsunami Trading, its employees, representatives, Suppliers, affiliates, and agents, by a third party, to the extent that such claim, suit, action, or other proceeding brought against Tsunami Trading, its employees, representatives, Suppliers, affiliates, and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer’s use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Tsunami Trading reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Tsunami Trading in asserting any available defense. You acknowledge and agree to pay Tsunami Trading’s reasonable attorney fees incurred in connection with any and all lawsuits brought against you by Tsunami Trading under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify Tsunami Trading pursuant to the TOS.  This section shall survive the termination of the TOS.

7. Termination. (a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that Tsunami Trading, without notice, may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from Tsunami Trading if you, in Tsunami Trading’s sole discretion, fail to comply with any provision of the TOS. (c) Tsunami Trading shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or Tsunami Trading, you must destroy promptly all materials obtained from the Service and any copies thereof.

8. United States’ Export Control & Foreign Asset Control Regulations. Tsunami Trading does not represent that materials in the Service are appropriate or available for use in any particular location. Those who choose to access the Service do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to United States export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any other country with respect to which the U.S. maintains a trade embargo prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entities List. By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any such country or (b) on any such list or acting on behalf of any person or entity on any such list.

9. Miscellaneous. You accept that Tsunami Trading has the right to change the content or technical specifications of any aspect of the Service at any time at Tsunami Trading’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Tsunami Trading to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

10. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.

11. Entire Agreement. The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Tsunami Trading and govern your use of the Service.

12. Amendment.  Tsunami Trading reserves the right to amend, remove, or add to these terms and conditions at any time. Such modifications shall be effective immediately. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute you signify your acceptance of these terms and conditions of service, as modified.