Welcome to Trader PhD LLC
These terms and conditions outline the rules and regulations for the use of Trader PhD LLC's website, application, service, and payment agreement for Subscribers.
Trader PhD LLC is located at:
4800 Westown Parkway, Suite 320, West Des Moines, Iowa 50266, United States
PLEASE READ THE FOLLOWING AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING TRADER PHD LLC’S SOFTWARE OR SERVICES. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND TRADER PHD LLC.
Purpose
You would like to use Trader PhD LLC’s Software or Service (as defined below). Trader PhD LLC is willing to grant You a limited license to use the Trader PhD LLC Software and Services provided to You under this Program on the terms and conditions outlined in this Agreement.
1. Accepting this Agreement; Definitions; Cookies
1.1 Acceptance
To use the Trader PhD LLC Software and Services, You must first accept this Agreement. If You do not or cannot accept this Agreement, You are not permitted to use the Trader PhD LLC Software or Services. Do not download or use the Trader PhD LLC Software or Services in that case. You accept and agree to the terms of this Agreement on Your behalf and/or on behalf of Your company, organization, educational institution, or agency, instrumentality, or department of the federal government as its authorized legal representative, by doing either of the following:
- (a) checking the box displayed at the end of this Agreement if You are reading this on an Trader PhD LLC website and/or application; or
- (b) clicking an "Agree" or a similar button, where this option is provided by Trader PhD LLC.
1.2 Definitions
Whenever capitalized in this Agreement:
"Agreement" means this Trader PhD LLC Agreement, including any attachments, and any exhibits which are hereby incorporated by this reference.
"Application" means one or more software programs (including extensions, media, and Libraries that are enclosed in a single software bundle) granted to You by Trader PhD LLC as applicable, including bug fixes, updates, upgrades, modifications, enhancements, supplements to, revisions, new releases and new versions of such software programs.
"Invoice" refers to any sales order, bill of sale, purchase order, invoice, receipt, reckoning document, ledger, record charge, checks, charges, statements, tabs, or other billing related documentation.
"Subscriber" refers to You, the person accessing this website and/or application and accepting the TPHD’s terms and conditions.
"Term" means the period described in Section 4.
"TPHD" refers to Trader PhD LLC.
"Trader PhD LLC Service", or "Service" means the services that Trader PhD LLC may provide or make available through the Trader PhD LLC Software or as part of the Program for use with Your Covered Program Agreement, including any Updates thereto (if any) that may be provided to You by Trader PhD LLC under the Program. TPHD provides commodity advisory service using a unique alerting method and back-tested system. Services consist of one or more of the following; text messages, recorded broadcast calls, direct phone calls and/or direct mail, video broadcasts, and application updates. Service messages from TPHD will appear to Subscriber as text messages, phone calls, and recorded broadcast phone calls. When signing up for a trial of the service provided by TPHD, you authorize TPHD to contact you after a period determined by TPHD. TPHD reserves the right to end your trial of the service at any time for any reason.
"Trader PhD LLC Software" means Trader PhD LLC any software that Trader PhD LLC provides to You under the Program, including any Updates thereto (if any) that may be provided to You by Trader PhD LLC under the Program.
"You" and "Your" means and refers to the person(s) or legal entity (whether the company, organization, educational institution or governmental agency, instrumentality or department) that has accepted this Agreement and that is using the Trader PhD LLC Software or otherwise exercising rights under this Agreement.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Subscriber in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Subscriber's needs in respect of the provision of the Company's stated services/products, under and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
1.3 Cookies
To optimize the user experience, TPHD may make use of cookie technology. We may use cookies and other storage methods to target ads via third-party providers, keep temporary user preferences per the user’s device, or for some mapping services we offer. TPHD also uses functional cookies to enhance the performance of our website and/or applications and services which are unrelated to collecting or storing personal information.
2.Rights; Licensing; and Linking
2.1 License
Unless otherwise stated, TPHD and/or its licensors own the intellectual property rights for all material on TPHD. All intellectual property rights are reserved. You may view and/or print pages from https://www.traderphd.com for your personal use subject to restrictions set in these terms and conditions.
You must not:
The following organizations may link to our Web site without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website and/or application.
These organizations may link to our home page, to publications, or other Web site information so long as the link:
- (a) is not in any way misleading;
- (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce,
American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities,
- including charity giving sites, online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary Subscribers are businesses; and educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
- (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
- (b)the organization does not have an unsatisfactory record with us;
- (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of TPHD; and
- (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or other Web site information so long as the link:
- (a) is not in any way misleading;
- (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and
- (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website and/or application, you must notify us by sending an e-mail to info@traderphd.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Web site or material being linked to that makes sense
- within the context and format of content on the linking party's site.
No use of TPHD's logo or other artwork will be allowed for linking absent a trademark license agreement.
2.2 Iframes
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
2.3 Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
2.4 Removal of links from our website and/or application
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website and/or application is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website and/or application remains available or that the material on the website and/or application is kept up to date.
2.5 Content Liability
We shall have no responsibility or liability for any content appearing on your website and/or application. You agree to indemnify and defend us against all claims arising out of or based upon your website and/or application. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
2.6 General Restrictions on Use
Subscribers may not transfer, assign, commercially exploit, or sublicense access to the Service to any third-party. You may only use the Service for your personal, non-commercial purposes for your specific operation. You may not modify or create a derivative product based on the Service. No part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Service shall be subject to these Terms, You agree not to use the Services to
- (a) violate any local, state, nation or international law;
- (b) stalk, harass or harm another individual;
- (c) collect or store personal data about other Subscribers;
- (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- (e) interfere with or disrupt the service; or
- (f) disobey any requirements, procedures, policies, or regulations of networks connected to the Service. You promise that any information about yourself you voluntarily provide us will be true, accurate, complete, and current.
2.7 TPHD Property
Subscriber understands and acknowledges that any Service (and drafts of any Service) created by TPHD is the exclusive property of TPHD, and TPHD issues the Subscriber a limited and revocable license for use of the Service for the sole purpose of the matter set forth above. Subscribers may not use, distribute, disseminate or copy any of TPHD’s Service or drafts of Service without the express authorization in writing and signed by TPHD’s managing attorney. Subscriber acknowledges that once funds are transferred into TPHD’s Operating Account, those funds become the property of TPHD.
3. Communications
3.1 Delivery of Service
Subscriber authorizes TPHD to send any text messages, phone calls, and phone call broadcasts in the form of a recording to the cell and/or landline phone number(s) associated with your account. You also authorize TPHD to include marketing content in any such message. You acknowledge that text message and phone broadcast calls will be sent to the mobile number(s) that you provide to TPHD. You authorize TPHD to call by telephone any or all the phone number(s) you have provided for your account.
You confirm that you are the subscriber to the relevant phone number or that you are the customary Subscriber of that number on a family or business plan that you are authorized to subscribe to the Service.
TPHD has no obligation for the failure of the delivery of broadcast calls or text messages. If a broadcast or message fails to deliver it is the responsibility of the Subscriber to inform TPHD.
TPHD retains full rights to begin, interrupt, or end Service as they see fit depending on the status of the Subscriber account. TPHD may terminate text message and/or phone call broadcast service and/or your participation in it any time with or without notice. We reserve the right to terminate service, in whole or in part, at any time without notice.
TPHD does not have a separate charge for text messages, however, message and data rates may apply from your mobile carrier. By providing your consent for service, you approve any such charges from your mobile carrier.
3.2 Call Recording
- As part of our aim in offering a high-quality service, we make recordings of all phone calls. By agreeing to these terms of service.
- You consent to the use of an electronic record to document your agreement to Services distributed by TPHD.
- You consent to audio recordings being made of all calls and to these tapes being used to aid the work or pursuit of collections actions.
- You consent to the excerpts from these recordings, or descriptions of them, being used by TPHD staff for supervision, research and/or teaching.
- You may request a paper copy of your consent by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address.
4. Term; Termination; and Cancellation
4.1 Term
The Term of this Agreement shall extend until the one (1) year anniversary of the original activation date of Your Service account. TPHD reserves the right to modify this Term at any time. We may provide notice of any such changes.
4.2 Termination
This Agreement and all rights and licenses granted by TPHD hereunder and any services provided hereunder will terminate, effective immediately upon notice from TPHD:
- (a) if You fail to comply with any term of this Agreement and fail to cure such breach within 30 days after becoming aware of or receiving notice of such breach;
- (b) in the event of the circumstances described in the subsection entitled "Severability" below;
- (d) if You, at any time during the Term, commence an action for patent infringement against Trader PhD LLC;
- (c) if You become insolvent, fail to pay Your debts when due, dissolve or cease to do business, file for bankruptcy, or have filed against You a petition in bankruptcy; or
- (d) if You engage or encourage others to engage, in any misleading, fraudulent, improper, unlawful or dishonest act relating to this Agreement, including, but not limited to, misrepresenting the nature of Your submitted Application (e.g., hiding or trying to hide functionality from Trader PhD LLC’s review, falsifying consumer reviews for Your Application, engaging in payment fraud, etc.).
4.3 Renewal of Service
At the end of a subscription, TPHD does not conduct auto-renew. TPHD may call by telephone to renew the Subscriber account. These Terms of Service will be upheld for renewing service with TPHD. You consent to the use of an electronic record to document your agreement to Services distributed by TPHD. You may request a paper copy of your consent by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address.
4.4 Cancellation
TPHD have no provision of cancellation when we start the Service with You, You agree to pay us for the agreed-upon amount and we agree to provide Service for the agreed-upon Term, one is not conditional on the other and we provide Service for the agreed-upon Term with the expectation that You will pay the agreed-upon amount.
5. Billing
5.1 Payment Terms
Payments for subscription services to TPHD are non-refundable. TPHD reserves the right to modify the price, content, or nature of the Services at any time. We may provide notice of any such changes. At our sole discretion, we may grandfather in the prices of certain members based on factors such as the account sign-up date and good standing. Subscriber understands that TPHD’s pricing is confidential, and agrees to hold the pricing and bill rate in the strictest of confidence and not to disclose such bill rate directly or indirectly to third parties or to use such information for any purpose whatsoever other than performing under this agreement.
When the Subscriber agrees to purchase the Service, you agree to pay for a subscription fee and you accept responsibility for the charge. TPHD accepts one-time payments in full for the term of service agreed to in full through check or credit card. Upon each agreement to purchase Service with a clerk, TPHD will issue an Invoice to the address specified by the Subscriber. Upon each agreement to purchase Service with a credit card, once the card payment has been processed, TPHD will issue a receipt with a statement to the address specified by the Subscriber.
Subscribers who have agreed to the TPHD Gold Guarantee are required to pay directly by credit card at the time of the agreement. There will be a set period in which TPHD will submit a full refund for the Gold Guarantee. The period of eligibility consists of the thirty (30) days following the sixth month of service. Refund requests for the Gold Guarantee must be sent during the period of eligibility; any refund requests sent before or after the period of eligibility will not be accepted. All refund requests for the Gold Guarantee must be by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address. Failure to send a refund request within the period of eligibility will be deemed Subscriber’s full acceptance of the time and amount billed on the said Invoice, as well as a complete and irrevocable waiver of any objections to any of the billing entries on the Invoice.
We strive to make payment as easy on our Subscribers as possible. Payment via check, ACH, bill pay, etc., is an option for all Subscribers, as long as payments are timely received. Should Subscribers pay via credit card, however, as most Subscribers do – we will charge no convenience fee to the Subscriber.
5.2 Invoices
TPHD will issue the Subscriber Invoices/statements, fees due, and costs incurred. Failure to do so will not be deemed a breach of contract by TPHD. The Invoices will list all services provided to the Subscriber by TPHD during the period reflected in the Invoice. Subscriber agrees to promptly pay for all services performed on Subscriber’s behalf, as reflected in the Invoices. Payment is due upon sending of the Invoice and will be considered late if not paid within 30 days after being sent the Invoice. Any late payments will be charged monthly interest at the highest rate allowable under Iowa Code § 535.2.
5.3 Subscriber Non-Payment
If TPHD is in a position where a Subscriber has failed to abide by the terms of their Verbal Agreement or other arrangements due to non-payment, TPHD will advise the Subscriber that their service will be suspended. Please stay current with payments so that we can remain focused on providing you the best service possible.
In the event it becomes necessary to pursue any delinquent balance owed, the Subscriber stipulates being responsible for all costs of collections, including agency or attorney fees not to exceed 500% of the outstanding account balance, plus all other court costs.
5.4 Collection
In the event it becomes necessary to enforce this Agreement for unpaid costs and/or fees, Subscriber shall be charged for TPHD’s reasonable attorney fees for all costs associated therewith. Subscriber hereby waives protection from garnishment as outlined in Iowa Code § 642. In the event of non-payment or a dispute regarding fees and costs owed to TPHD, Subscriber acknowledges and agrees that TPHD will be entitled to the following, to the extent allowable by law:
a retaining lien on all file materials as well as Subscriber funds or property in TPHD’s possession, and maybe asserted whether or not a suit has been filed; andc
a charging lien on all funds which may come into the possession of Subscriber whether through a settlement, sale of real or personal property, inheritance, or any other method.
5.5 Continuing Guaranty
For valuable consideration, including the inducement to provide credit to the Subscriber/company (hereinafter called "Debtor"), which would otherwise be denied, the Subscriber/officer of the aforementioned company (herein called "Guarantor") absolutely and unconditionally agrees and promises to pay Trader PhD LLC, an Iowa corporation (hereinafter called "Company") its affiliates, successors and assigns, or order in lawful money of the United States all indebtedness of Debtor to Company in whatever amount may be owing to Company whether such indebtedness now exists, or is incurred hereafter, whether voluntary or involuntary and however arising, whether absolute or contingent, liquidated or unliquidated, determined or undetermined, and whether Debtor may be a liable individual or jointly with others, or whether recovery on such indebtedness may be or hereafter become barred by any statute of limitations.
This is a continuing guaranty relation to all indebtedness, including that arising under successive transactions which shall either continue this indebtedness or from time to renew after it has been satisfied. This guaranty shall not apply to any indebtedness created after receipt by Company of written notice of its revocation as to future transactions, such notice to be sent by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address. Termination of this guaranty shall not have any retroactive effect concerning obligations of Debtor incurred before termination.
Guarantor agrees that it is directly and primarily liable to Company that the obligations hereunder are independent of the obligation of Debtor, and that a separate action or actions may be brought against Guarantor whether an action is brought against Debtor or whether Debtor is joined in any such action or actions. Guarantor agrees to pay a reasonable attorney fee and all other costs and expenses which may be incurred by the Company in the enforcement of this guaranty. This guaranty shall not be abrogated or affected in any manner by any change in the firm or status of the Debtor, whether caused by death, by the admission of any new member or members or by the withdrawal of any member or members, or by any change from any cause whatsoever.
5.6 Bankruptcy
If Subscriber files bankruptcy, Subscriber acknowledges and agrees that TPHD has a secured and preferred claim for any retainers and monies paid to TPHD for TPHD’s services to the Subscriber, as well as for any unpaid attorney’s fees and costs.
In the event of multiple Subscribers, Subscriber also acknowledges and agrees that all payments (including those made by a Guarantor) that are made for TPHD’s representation of the Subscriber, represents a benefit received by each Subscriber, regardless of who made the payment.
Subscriber acknowledges, agrees, represents and warrants that:
all payments made to TPHD are made in the ordinary course of business and made according to ordinary business terms, and therefore, are not subject to any disgorgement, claw-back, or avoidance;
that the Subscriber received the Invoice or obligation to pay, for value and in good faith, and in exchange for Service TPHD gave Subscriber.
In the event of an attempt by a bankruptcy trustee to disgorge, claw-back, avoid, or otherwise undo any transfer of monies received by TPHD from the Subscriber (including instituting any adversary proceedings against TPHD), Subscriber agrees to fully indemnify and defend TPHD, at Subscriber’s own cost. Subscriber will also cooperate in assisting in the defense of TPHD, at Subscriber’s own cost.
To the extent allowable by law, the Subscriber acknowledges and agrees that any fees and costs paid or owed to TPHD for services rendered by TPHD to Subscriber, both pre-petition and post-petition, are not subject to any discharge via bankruptcy, and survive any bankruptcy discharge. The obligations in the Agreement also survive any bankruptcy discharge.
5.7 In-App Purchases
Subscriptions purchased via the iTunes/App Store are subject to iTunes/App Store refund policies. This means we cannot grant refunds if you purchased an app through iTunes/App Store - you will have to contact store support for that. Payments made using prepaid cards or gift cards will not be refunded.
6.Legal Terms
6.1 Settlement of Disputes
Subscriber shall provide to TPHD in writing by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address, with detailed information regarding any dispute, conflict, claim, controversy, or disagreement arising out of or broadly in connection with or relating to the Service or these Terms of Service, including those relating to its validity, it’s construction or its enforceability (any "Dispute"), and shall agree to cooperate with TPHD in investigating of Disputes. Except for TPHD’s rights to collect amounts due to TPHD, any Dispute arising between TPHD (and its affiliates) and Subscriber (and its affiliates) which is not resolved to the mutual satisfaction of TPHD and Subscriber within sixty (60) days (or such longer period as may be mutually agreed upon) from the date that either Party written notice that such Disputes exists, shall be mandatorily referred to arbitration in Des Moines, Iowa before one arbitrator per the Commercial Arbitration Rules (the "Arbitration Rules") of the American Arbitration Association (the "AAA"), in effect on the date that such written notice is given; provided, that for a Dispute arising out of the amounts due to TPHD and are not part of a cross-claim in arbitration, TPHD, in its sole discretion, may choose any legal remedy of its choice as permitted by law, including, but not limited to, the aforementioned arbitration provision. Each Party shall bear its own cost of preparing for and presenting its case; and the cost of arbitration, including the fees, and expenses of the arbitrator, will be shared equally by the Parties. Subscriber and its Affiliates understand that by agreeing to arbitrate Disputes, Subscriber and its Affiliates are waiving any right they might otherwise have to a jury trial in connection with any Dispute between Subscriber (and its Affiliates) and TPHD (and its Affiliates). The existence and content of the arbitration, including documents and briefs submitted by the parties, correspondence from and to AAA and any other legal authority, correspondence, orders, and awards issued by the arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:
(a) the disclosure to the third party is reasonably required in the context of conducting the arbitration or legal proceedings; and
(b) the third party agrees unconditionally to be bound by the confidentiality obligation stipulated herein.
6.2 Governing Law and Jurisdiction
This Agreement shall be governed by and construed per the laws of the State of Iowa, without regard to principles of conflicts of law. The Parties agree to the exclusive venue and jurisdiction in Polk County, Iowa. The Parties also waive the right to a trial by jury.
6.3 Severability
The Agreement (including these terms and conditions) contains the entire understanding of the parties and may not be varied or modified unless in writing and signed by the parties to be affected by the modification. If any provision(s) of this Agreement is judicially declared invalid and/or unenforceable, the remaining provisions shall remain in full force and effect. The obligations in the Agreement survive the execution of the Agreement.
6.4 Binding Effect
To the fullest extent permitted by law, the terms of the Agreement, including all benefits derived by any Party according to the terms of the Agreement, shall be binding on all of the Parties and their (as applicable) officers, directors, subsidiaries, agents, employees, immediate family members, spouses, heirs, successors, assigns, administrators, conservators, and executors.
6.5 Indemnity
You agree to indemnify and hold TPHD and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the TPHD Services, your use of the TPHD Services, your connection to the TPHD Services, your violation of the Terms of Use, or your violation of any rights of another.
6.6 Non-Disparagement
You shall not, at any time during the Term and thereafter, make statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, or take any action which may, directly or indirectly, disparage TPHD or any of its subsidiaries or affiliates or their respective officers, directors, employees, advisors, businesses or reputations. Notwithstanding the foregoing, nothing in this Agreement shall preclude you from making truthful statements that are required by applicable law, regulation, or legal process.
7. Liability
7.1 Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and/or application and the use of this website and/or application (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or concerning the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and/or application and the information and services on the website and/or application are provided free of charge, we will not be liable for any loss or damage of any nature.
7.2 No Guarantees
Subscriber acknowledges that TPHD has not and cannot guarantee any outcome for any matters in which TPHD represents the Subscriber. While no guarantee of outcome has been made, TPHD will diligently and aggressively represent Subscriber’s interests and will endeavor to perform superior service for our Subscribers.
Consulting services are opinions and for information purposes only. Markets and trading are inherently risky and are not suitable for everyone. Subscribers are responsible for their actions. Past performance is not necessarily indicative of future results.
7.3 Age Verification
By accepting this policy, Subscriber acknowledges that they are over the age of 13.
8. Privacy Policy
This statement discloses the privacy, security, and information management guidelines that serve as the basis for our user relationships concerning users of all websites and/or applications that display a link to this Privacy Policy and that are published by TPHD. TPHD is committed to protecting your privacy. We will not disclose personal information about you to any third party without your express consent. Please read the following to learn more about our privacy policy. Our Privacy Policy is subject to change.
8.1 What information does TPHD collect?
By registering with TPHD or signing up to receive Service from TPHD, we will automatically opt your email address into our email lists, where we will look to send you relevant content, some of which are advertisements for third party products and services, including special offers, webinars, educational booklets, and promotions tailored to your perceived interests. TPHD does not share your email address with any third-party advertisers.
TPHD maintains logs that contain information on anonymous users such as IP address, browser type, operating system, and referring web page. We use this information to track usage and diagnose bugs. We also gather regular statistical information regarding site usage, browser information, OS, device and network information, and user interaction on our various websites and/or applications and services from all users without any personally identifiable information.
Website and/or applications and apps with logins require personal data, and, without such, gaining access may not be possible. When you set up an account, we collect personal data such as your name, address, company, telephone number, email address, username, and password. We also collect information from third-party providers (e.g., if you log-in to our site using Google , Facebook , Apple ID, or another third-party log-in, you grant permission to the third-party to share your user details with us). This will include your user ID, first name, last name, and email address which we will then use to create a TPHD account.
8.1(a) Device Information. We automatically track and collect data from the devices and applications you use to access our Services, such as IP addresses, domain servers, length of visit, and the pages you viewed, operating system version, device type, system, and performance information and browser type. We may also infer your geographic location based on your IP address or using your device’s native features. We also automatically log your activity when you use our Services. These logs may identify features you use, the actions you take, and the information you access. This data is anonymous and does not personally identify you, but is helpful for marketing purposes or for improving our Services. For more information please visit this page.
8.1(b) Billing Information. If you sign up for our services and/or to attend a paid event or webinar, we require you to provide billing details, such as a name, address, telephone number, email address and financial information corresponding to your applicable method of payment (e.g., payment card information).
8.1(c) Event Registration Information. If you elect to attend an event hosted by TPHD (e.g., webinar, conference), we may collect personal data, such as your name, address, company, telephone number, email address, billing information, and other information. You can choose not to provide us with certain information, but then you may not be able to register with us or take advantage of some features (e.g., receipt of emails regarding event details, electronic copies of event materials, etc.).
8.1(d) Survey Data. We will occasionally post surveys on our sites. Participation in TPHD surveys is voluntary, and information collected from surveys will be used to improve TPHD user experience and our services.
8.1(e) Other Data. We may collect your personal information or data if you submit it to us in other contexts (e.g., sales inquiries, customer support requests, feedback forms, etc.).
8.1(f) Email Information. We record the time and date a user opts-in or opts-out of email lists as well as the source of the subscription (which form was used to sign up), your name, email address, and IP. We may track interaction within any email sent such as opens or click-throughs as well as the email client used (e.g., Gmail, Yahoo, Outlook, etc.) and/or device and OS.
8.2 Transfer and Use of Subscriber Data
TPHD may transfer, store, and process Subscriber data in the United States or any other country in which TPHD or its agent maintains facilities. TPHD may also share Subscriber data with exchanges or other regulatory bodies.
8.3 How do I opt-out of promotional email communications from TPHD?
Promotional email communications from TPHD come with an unsubscribe link at the bottom of the email where you can opt-out of future marketing communications.
8.4 I am a California resident, how do I delete any personal information stored on me or request more information?
Please see the section below: 8.11 Your California Privacy Rights & Do Not Sell My Personal Information
8.5 How does TPHD protect its content and user information?
To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place commercially reasonable physical, electronic, and managerial procedures to protect the information we collect online, including security for credit card submissions. Such commercially reasonable precautions, however, do not guarantee the absolute protection of your personally-identifying information. You must understand that there will always be some risk that any personally identifying information that you provide to us may be released without our permission or knowledge.
8.6 What does TPHD do with the information it gathers and/or tracks?
TPHD uses information for the following general purposes: to fulfill your requests for products and services, to process and collect your payments, to fulfill orders and contractual obligations, to fulfill customer support requests, to customize the advertising and content you see, to improve our services, to contact you, to conduct research, and to provide trend reporting for internal and external clients.
TPHD may also display targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click targeted ads meet the targeting criteria—for example, people trading agricultural products from a particular geographic area.
We may send you certain communications relating to the TPHD service, such as service announcements, administrative messages, and any newsletters, that are considered part of your TPHD account.
8.7 With whom does TPHD share the information it gathers and/or tracks?
TPHD may share user information it gathers, in aggregate or statistical form, that does not identify individuals nor include personal information, with advertisers and other partners. TPHD utilizes email service providers for its commercial email communications which requires providing personal information, such as email addresses, to the email service providers to use their service to send commercial emails. TPHD uses reputable email service providers that implement high standards of care, protection, and security of personal information. We also may share information about you, including personally identifying information, if sought by legal process or requested by law enforcement, or to protect the rights and property of TPHD or the safety of our users or the public, or to protect against unauthorized use of our site.
If TPHD is acquired by another company or otherwise merged into another company, we will transfer the collected registrant and user information subject to this policy to a successor. If information will be subject to a materially different privacy policy, TPHD or its successor may provide notice.
8.8 How long does TPHD store the data it collects?
TPHD can store user data for the life of the service starting from its release date. Personal data can be stored indefinitely or until a request has been made to delete the data.
8.9 Security Breach Notification
In the event of a security breach that exposes your personal information, TPHD shall notify you that there has been a breach of the system containing your Personal Information and related details. The notification will be done as quickly as possible and will be reported to any required authorities.
8.10 What information do third-party advertisers gather and collect?
Third-party companies which place advertising on TPHD may collect information about you when you view or click on their advertising through the use of their cookies or other tracking technologies, which may include delivering targeted advertisements and marketing messages based upon the third-party website and/or applications that you visit, or through other purposes. We cannot control this collection of information and are not responsible for the privacy policies and data collection, use, and disclosure practices of these third-party advertisers. You should contact these third-party advertisers directly if you have any questions about their use of the information that they collect from you. Google/DoubleClick DFP is our third-party ad server. If you would like to know more about their information gathering practices and opt-out procedures, please see http://www.google.com/policies/technologies/ads/. Also, if you would like more information about this practice and to know your choices about not having this information used by these companies, please see http://www.networkadvertising.org/consumer/opt_out.asp
8.11 California Privacy Rights & Do Not Sell My Personal Information
The California Consumer Privacy Act (CCPA), also known as AB-375, provides California residents with the following rights (the following is copied from https://leginfo.legislature.ca.gov/): The right of Californians to know what personal information is being collected about them; The right of Californians to know whether their personal information is sold or disclosed and to whom; The right of Californians to say no to the sale of personal information; The right of Californians to access their personal information; The right of Californians to equal service and price, even if they exercise their privacy rights. Also, a consumer shall have the right to request that a business delete any personal information about the consumer which the business has collected from the consumer.
To exercise your California rights and request any of the actions or information under the California Consumer Privacy Act (CCPA), you can contact TPHD by Priority Mail, Certified Mail, Return Receipt Requested to Trader PhD LLC, at the aforementioned address, addressed to "ATTN: California Consumer Privacy Act"
9. General Provisions
9.1 Electronic Acceptance
This Agreement may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and Subscriber’s acceptance will be deemed binding between the parties. Neither party may contest the validity or enforceability of this Agreement, including under any applicable statute of frauds, because it was produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.
9.2 Inconsistency
The terms of this TOS amend all related terms in prior discussions, understandings, agreements, representations, warranties, or covenants between the Parties related to all Services. In the event of any direct conflict between this TOS and any terms in any prior agreement(s) between the Parties, the terms of this TOS will prevail.
9.3 Revision and updates to the Terms & Conditions
Regardless of the date the Agreement was signed, TPHD reserves the right to revise and update the Terms & Conditions at its discretion.
Subscriber represents that neither Subscriber, nor the principals, officers, partners, and/or members of Subscriber:
- (a) are identified on any U.S. Government or other government list of prohibited or restricted parties, including, the Specially Designated Nationals and Blocked Person List maintained by the U.S. Department of the Treasury, or
- (b) are owned or controlled by or acting on behalf of a party on any such list.