Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE, INDICATORS, OR PRODUCTS. All users of this site agree that access to and use of this site, indicators, or products are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site, indicators, nor products contained within. Daring Fund and DaringFund.com (henceforth referred to as “Author”) is not a registered investment advisor or broker dealer and does not provide investment advice to individuals. None of the website content, trading room, blogs, software, indicators, email newsletters, affiliated social media pages to include, but not limited to, Facebook, YouTube, and Twitter, 3rd party forums, Webinars, voice chat room content, or communication from Author otherwise (henceforth referred to as “Author Content”) should be construed as a recommendation or solicitation to buy or sell any security or as investment advice. All Author Content are provided for information and educational purposes only. Your investment decisions are solely your responsibility and it is highly recommended that you consult a licensed financial advisor or broker, attorney, or your CPA, before making any and all investment or financial decision.
Always seek advice and guidance from professional, licensed, and registered investment advisors, financial advisors, tax advisors, and legal advisors prior to making any investment decisions. By viewing Author Content or any content created or replicated by Author, you accept these terms and conditions. If any provision in these terms and conditions is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect.
Notwithstanding any provision in these TERMS AND CONDITIONS, Author reserves the right, in its sole discretion, at any time, to change or modify from time to time and/or terminate (i) its WEBSITE, (ii) SOFTWARE, (iii) CONTENT or any particular Services made available via its WEBSITE, or (iii) these TERMS AND CONDITIONS. Your access of our WEBSITE and/or any other Author Content following any such change constitutes your agreement to follow and be bound by the TERMS AND CONDITIONS, as changed.
Age Restrictions
The services, products, and content offered by Author are intended for individuals who are at least 18 years old or of legal age in their respective jurisdictions. By accessing or using the website, you represent and warrant that you meet this age requirement. If you are under the specified legal age, you are not permitted to access or use the website, products, or services.
Intellectual Property
The entire content included in this site and inclusive of all Author Content, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Author.
Your Limited User License
You may not republish, post, transmit or otherwise distribute the Author Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or extract any portion of Author Content, for use on another website or service. Any other copying, distribution, storing, or transmission of any kind, or any commercial use of Author Content, is prohibited without Author’s prior written permission.
No subscriber or other user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create any of the materials or Author Content on our site or any derivative works from or use the Author Content, in whole or in part, except as is expressly authorized by these terms and conditions.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the Content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Further, you agree not to engage in any unauthorized framing, linking or deep-linking to the Site without the prior written consent of Author.
Warranty Disclaimer
This site and the content, products and services on this site, software, and all Author Content are provided on an “as-is” and “as-available” basis, with no warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Author disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Author does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
Author does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. In such states, our liability and that of our third-party content providers will be limited to the greatest extent permitted by law.
Limitation of Liability
YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, AUTHOR WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY AUTHOR CONTENT OR THIRD PARTY CONTENT, THE SITE, YOUR USE OR INABILITY TO USE THE SITE OR AUTHOR CONTENT, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE OR AUTHOR CONTENT. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT AUTHOR MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE OR AUTHOR CONTENT, AND YOUR USE OF THE SITE, ITS CONTENT AND AUTHOR CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED $100. YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES, CONTENT, INFORMATION CONTAINED WITHIN THE SITE OR AUTHOR CONTENT IS TO STOP USING THE SITE, AUTHOR CONTENT AND THE SERVICES OFFERED OR PROVIDED AND TO CANCEL YOUR SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Typographical Errors
In the event that an Author product is mistakenly listed at an incorrect price, Author reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Author reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your payment method has been charged or completed. If your payment method has already been charged or completed for the purchase and your order is cancelled, Author shall issue a credit to your payment method used in the amount of the incorrect price less any applicable proration.
Notice
Author may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Author.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Author or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Author does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Author is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Author reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Author in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Author, its officers, directors, employees, agents, members, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Author may link to sites operated by third parties. However, even if the third party is affiliated with Author, Author has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Author. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Author seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Cookies
When you visit our website, Author sends one or more “cookies” to your computer or other device that uniquely identifies your browser, including your internet protocol address, cookie information, software and hardware attributes, and the page you request. A cookie is a small text file that is placed on your hard disk by a web server. Cookies help us keep a record of your preferences and other information on your computer to save time from repeatedly entering the same information on your later visits to our website. We use cookies to customize the content and advertising, to improve our services; to conduct research, audit, and analysis in order to improve and maintain our services; to develop new services; to protect rights of Author and its business partners and our users; to track users trends; and to contact you. Author may set and access Author’s cookies on your computer. Author permits our business partners and other companies to display advertisements on our web pages set and access their cookies on your computer. The business partners’ and other companies’ use of their cookies is subject to their own privacy policies. We do not exercise control over the websites of our business partners or other companies. You have the choice to accept or decline cookies. Most browsers are automatically set up to accept cookies, but you may modify your browser setting to decline all cookies or delete cookies from your browser. Some features, services, and advertising preferences may not function if your cookies are disabled.
Data Privacy and GDPR Compliance
Author is committed to protecting the privacy of its users. If the website serves users from the European Union or regions with similar data privacy laws, Author will comply with the General Data Protection Regulation (GDPR). This includes the collection, storage, and management of personal data. Users have the right to:
- Request access to the personal data Author holds about them.
- Request corrections to any inaccurate or incomplete personal data.
- Request deletion of personal data where there is no legitimate reason for its continued processing.
- Withdraw consent for data processing where applicable.
For more details, please review our Privacy Policy.
Online Payment
We use a variety of payment providers to bill for our products online. These companies will have access to your personal and payment information. When paying by credit card, Author themselves do not ever have any access to your credit card details. The third parties we use are Stripe and PayPal (to process credit cards and accept payment via PayPal). We share information with these companies only to the extent necessary for the purposes of processing payments you make via our website.
Security
Author takes many precautions to prevent the loss, misuse or alteration of your personal information. These precautions include: use of SSL encryption for sensitive data, hardware stored in secured datacentres behind firewall, all access to information restricted by password and/or secure key, and restrictions to what information can be accessed via any location. While we take great care to ensure any confidential information remains protected we cannot guarantee the security of data sent over the Internet. Of course you are responsible for keeping your password and user details confidential. Nobody at Author will ever ask you for your password, so please don’t trust anybody asking you for it.
Modification of Services
Author reserves the right to change, modify, or discontinue any aspect of the website, products, services, and pricing at any time without prior notice. This includes removing or limiting features, content, or availability of services. Continued use of the website after such modifications constitutes your acceptance of these changes.
Termination of Access
Author reserves the right to terminate or suspend access to the website, products, or services without prior notice if users violate these Terms and Conditions or engage in any behavior deemed inappropriate, illegal, or harmful to the Author’s business interests. Termination of access may include disabling accounts, removing content, or banning users.
Dispute Resolution
Any disputes arising from the use of the website, products, or services shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA). The arbitration will be conducted in [Jurisdiction/Location], and the laws of the state of [State] will govern this agreement. Each party shall bear its own legal costs unless otherwise determined by the arbitrator. By using the website, you waive any right to participate in a class-action lawsuit.
User-Generated Content Policy
Users may post or submit content such as reviews, comments, or forum posts, provided such content is lawful, respectful, and not defamatory, harmful, or misleading. By submitting content, users grant Author a non-exclusive, royalty-free, perpetual license to use, display, and distribute the content for any lawful purpose. Author reserves the right to remove or edit content that violates these guidelines or is deemed inappropriate.
Force Majeure Clause
Author shall not be held responsible for delays, interruptions, or failures resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, strikes, technical failures, pandemics, or other unforeseen circumstances. In such cases, obligations may be suspended or adjusted as needed.
Compliance with Local Laws
Users are responsible for ensuring that their use of the website, products, and services complies with all applicable local, state, and federal laws. Author is not liable for any violations of such laws by users, whether intentional or unintentional.
