Terms of Service

TAG Global Investments Ltd Terms and Conditions of Use

Updated: November 3, 2017

General

The purpose of the TradingMotives.com website is for education and information and is intended to raise your awareness of technical Analytics of financial markets using Median Line Analytics.

The service does not make any recommendations about the purchase, or short sale of any financial instruments. Trading of financial instruments like stocks, options, futures, cfd’s and currency markets may not be suitable for everyone and may involve the risk of losing part of your money, all your money, or in the case of futures, more than all your money.

Please read these Terms and Conditions of Use in their entirety before you register or use any of the services offered on this website www.tradingmotives.com.

The website www.tradingmotives.com is wholly owned by TAG Global Investments Ltd a limited liability company registered in New Zealand and this Agreement shall be governed by and construed in accordance with the laws of New Zealand.

If you elect to buy, sell or hold any entities shown in the content of this website, you must do so at your own risk, and are strongly cautioned to do your own due diligence in consultation with your accredited Financial Advisor.

Agreement

The Terms of Use Agreement (“Terms of Use”) and our Privacy Policy, which is hereby incorporated by reference, is between you (“you”, “your”, “member”, “subscriber”, “subscribers) and TAG Global Investments Ltd (“we”, “us”). It governs your use of market analytics educational services, information and educational products (“Services”) available on www.tradingmotives.com (the “website”).

By accessing the website and using the Services, you acknowledge that you have read, understand and agree to adhere to the Terms of Use and the Privacy Policy, whether you are a visitor, or registered member. If you do not agree to the Terms of Use or Privacy Policy, do not use or access the Services.

These Terms and Conditions of Use contain the final and entire agreement between us and you and govern your use of the Services. It supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of our Services.

These Terms of Use are personal to you, which mean that you may not assign your rights or obligations under the Terms of Use to anyone. No third party is a beneficiary of these Terms of Use.

We may, in our sole discretion, discontinue or change the Service or its availability to you, at any time. No refund will be issued due to a Service change or discontinuation regardless of the reason or cause for such Service change or discontinuation.

For information on how we may use your registration data please see our Privacy Policy.

Definitions

“Agreement” is a reference to these Terms and Conditions, the Privacy Policy, any application form and payment instructions provided to you;

“Client”, “User”, “Member”, “Subscriber”, “you”, “your” and “yours” are references to you the person accessing this Website and registering with us to use the Service;

“license Term” means the period during which you are authorized to access the Service which shall run for the applicable license period which you have selected when you pay your Subscription Fee;

“Material” means the information and material available for you to view using the Service;

“Privacy Policy” is a reference to the policy we operate concerning the collection, processing and storage of personal data;

“Service(s)” means the information, commentary, analytics and educational material which you may view via our Website;

“Subscription Fee” is a reference to the fee payable by Clients to access the Service;

“We”, “us” and “our” are references to TAG Global Investments Ltd;

“Website” is a reference to our website www.trademarketpivots on which we provide the Service and to associated sites such as our Twitter feed(s), Facebook page(s), YouTube and Vimeo sites.

Term

The term of this Agreement begins on the date that we activate The Service for your subscription. This Agreement will continue from month to month, or for the period relevant to the current subscription, until terminated by either party pursuant to the terms hereof.

Use of the Services

We do not provide services to minors. You must be at least 18 years of age to subscribe to the service.

Our Services

We at TAG Global Investments Ltd and TradingMotives.com are not financial advisors, brokers, dealers or registered analysts. We provide educational and informational material relating to technical analysis of financial markets using market charts. By using our Services, you acknowledge that you understand that our Services are for informational and educational purposes only, and that any mention of a financial entity, trading or investment strategy, by us through our website, does not constitute a recommendation to buy, sell, or hold that, or any other entity.

While best endeavors are taken to present all information correctly, no responsibility can be accepted by TAG Global Investments Ltd for any errors or omissions. If you detect any errors or omissions in our work, please notify us at support@tradingmotives.com.

The data feeds used in our Services are from reputable third parties. We cannot guarantee the accuracy or completeness of the data or warrant that it is free from errors or omissions.

Liability

We provide the information, services and products on this website without any warranties of any kind.

By subscribing to our service, you understand that we are not liable for any losses you incur in any trading or investing that you undertake.

Investing in markets carries risk of losses especially because these instruments are highly leveraged and traders can lose more than their initial margin funds.

Information supplied by us is supplied in good faith, but it is not guaranteed. The market service that never makes mistakes does not exist. We are not responsible and cannot be held liable for individual (or group) investment and or trading decisions.

You agree that any decisions that you make during or following the use of our services are made entirely at your own risk. We will not be responsible for any liability, or for any loss, damage, or expense that you may suffer or incur because of your trading and investment decisions. We shall have no liability to you, whether in in contract, in tort (including negligence), in respect of any loss or damage suffered by you relating to any content on our website.

You agree to indemnify and hold TAG Global Investments Ltd, and its officers, agents, or other partners, and employees, harmless from any claim or demand made by you or any party you advise due to or arising out of any investment and or trading decisions you make arising out of information supplied or not supplied by us.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss or profits, goodwill, use, data or other intangible losses.

Commodity Futures Trading Commission (CFTC) Rule 4.41

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

Service Registration

Use of all services is subject to compliance with these Terms and Conditions of use. If subscriber non-compliance with the Terms and Conditions is detected, access to services on a temporary or permanent basis, shall be made at the sole discretion of TAG Global Investments Ltd.

By providing us with your email address, you are agreeing that we may communicate with you solely by email.

To access our Services, you will need to register as a member and create an account subscribing to those Services. By creating an account, you agree to provide accurate and complete information, as well as, keep your information up- to-date. Once you are logged in, you may subscribe to a Service, or change or update any of your account information, by referring to the link “Log in/My Account” on the website home page.

You are solely responsible for maintaining the confidentiality of your username and password and for all activities (including purchases) that are conducted through your account. You shall not use another member’s account details, nor may you allow someone to use your account, without our express written permission. If you believe someone has compromised your account without your authorization, you must notify us by email immediately at support@tradingmotives.com.

Your registration details, username and password shall not be transferred, shared with, or used by anyone else without our written permission.

Subscription Fees and Payments

To access the Service, it is necessary to register and pay a Subscription Fee (“Fee”) in advance (including taxes) at the rate applicable at time of purchase, or renewal. All memberships/subscriptions, whether discounted or full, are automatically billed on a recurring basis. If you join via a discounted or reduced rate, the full rate will automatically be charged on a recurring basis from the end of the discounted or reduced rate period. All members will continue to be billed at the full rate unless and until they contact support@tradingmotives.com to terminate the agreement no later than 24 hours prior to the end of the subscription period. In the event of subscriber termination, no rebates or refunds are given except at the sole discretion of TAG Global Investments Ltd, but the membership will continue until the end of the current billing period.

If you do not cancel your subscription prior to the new Fees going into effect, you agree to pay the new Fees, which are nonrefundable once collected. You must cancel your subscription before it renews to avoid incurring renewal Fees.

By providing your credit card information, you agree that we may bill your credit card for the Fees and costs associated with your purchase, as well as, automatically renew your subscription at the beginning of the associated subscription renewal term. All collected Fees and costs are nonrefundable.

We may change Fees, at our sole discretion, but will give at least 10 days’ notice of this prior to the next billing period.

It is your responsibility to ensure your credit card information is accurate and up-to-date. Once you are logged in, you may change or update your credit card information by clicking the “Log in/My Account” link on the Home webpage.

We have taken reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the unlikely event of a breach in our secure computer servers or those of third parties.

We may offer a discounted trial subscription periodically. If you subscribe to a discounted trial, but don’t cancel your subscription within the trial period, you agree to allow us to charge your credit card for successive billing periods upon expiration of the discounted trial period.

Only new Service subscribers are eligible for discounted trial offers. If we determine that you previously subscribed to a Service associated with a trial, you understand that you do not qualify for subsequent trial period and your credit card will be charged immediately for the normal membership relevant to the Services that you subscribed to.

All Subscription Fees listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. Subscription Fees are subject to goods and services tax, where applicable.

All Educational Products and Seminar sales are final. There is no refund issued if you cannot attend a seminar. However, in the event you do not attend a seminar, you will be able to use the money as a credit towards future seminars or other products and services. If you do not wish to use the credit towards future purchases, there is a 50% cancellation fee that will be processed and deducted from your refund.

All Educational Product sales are final with no refund.

Mentoring

All one-to-one mentoring must be paid for in full in advance. The session(s) will take place at a mutually agreed time(s) confirmed by email. All sessions must be attended within two months of purchase.

If for some reason either party cannot attend a mentoring session at a pre-agreed time, the revised session time can be changed by either party with a minimum of 24 hours’ notice.

If the subscriber elects not to use a pre-booked mentoring session after ordering it, no refunds will be made.

Intellectual Property Rights

Unless otherwise stated on the website, the content available through our Services without limitation (“Content”), is the property of TAG Global Investments Ltd and is protected by copyright and other intellectual property laws.

You may display or print the Content for your personal, private, non-commercial use only. Under the Terms of Use, you are hereby granted a non-exclusive, limited, personal license to use the Service. We expressly reserve all Intellectual Property Rights (as defined below) not expressly granted herein in the Service and Content. We may, in our sole discretion, terminate this license at any time

As a part of the above license grant, you expressly agree not to sell, publish, copy, reproduce, transmit, or otherwise provide access to the Content to anyone, except where publicly accessible Content on the site has a link to allow that material (like a blog, or public webinar) to be forwarded by you to others;

The video content and the video player (the “Video Content”) is posted solely for informational and educational purposes only. The Video Content shall not be construed to be personal trading or investment advice, nor should you rely solely on the Video Content for your trading or investment strategy.

By using our Service, you agree that you alone bear responsibility for your own trading and investment research, analytics, risk evaluation and decisions.

Video content is for viewing within the website only. Downloading of the content is forbidden and if this activity is detected, your Membership will be terminated.

Webinars are from time to time offered to members and non-members. Participants may be removed from the webinar for any or no reason.

We reserve the right to terminate or restrict your access to the Service at any time and without notice if, in our opinion, your use of the Service may violate any laws, infringe upon another person’s rights or violate the terms of the Terms of Use. We may also refuse to grant you a username that impersonates someone else, is protected by trademark or other intellectual proprietary laws, or is rude, or offensive.

For the purposes of the Terms of Use, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

All content on the website is copyrighted and shall not be shared or distributed by any means without express written permission from TAG Global Investments Ltd. We aim to have the Website and the Service available at all times, however, you will appreciate that we cannot guarantee this or that it will be error free and we cannot accept liability for any issues that this may cause. We aim to keep the Website as up to date as possible; all service descriptions displayed on the Website are correct at the time the information is entered however the information appearing at the time may not always reflect the position exactly at the time you place your order.

You must not interfere with the working of our Website nor must you circumvent security on the site, tamper with, or hack into, or otherwise attempt to disrupt our computer system, server, Website, router or any other internet connected device or service.

User Content

Some areas of the Service like the Chart Room may allow you to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for the User Content that you upload, publish, display, link to or otherwise make available (hereinafter, “post”) on the Service.

No advertising, trading of goods or services, or other commercial use is allowed in our Chart Room. Please use your own name when posting to our Chart Room. Do not impersonate anyone else.

Our rules for User Content are as follows:

  • Treat other subscribers with courtesy and respect when posting messages;
  • No unnecessary name calling or abuse toward any subscriber is allowed;
  • Please avoid “shouting” (using all capital letters);
  • Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers;
  • Do not argue with, libel, defame or disparage others or otherwise misrepresent interactions with others;
  • We strongly disapprove of strong expressions of annoyance. If you are upset about something, please email support@tradingmotives.com to endeavor to resolve the issue;
  • When you post content in the Chart Room, you permit us to display and distribute the content;
  • We do not try to edit or to monitor messages posted in the Chart Room but we reserve the right to edit or remove objectionable postings.
  • The person posting a message is solely responsible for it, not us;
  • Violators of these rules may be banned from posting to the Chart Room, or even have their subscriptions terminated;
  • You expressly acknowledge that we are only acting as a passive conduit for you to post your User Content;
  • Do not post in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
  • Post or otherwise make publicly available on the Service any private information of any third party;
  • Post or otherwise make available any information that you do not have a right to make available under any law;
  • Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy.

We take no responsibility and assume no liability for any User Content that you, or any other user or third party, posts on our website or in conjunction with a Service.

We are not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that we shall not be liable for any damages you allege or may incur because of such User Content.

You are solely responsible for your User Content and any consequences of posting it to our Service.

Conduct

While using any Service, you agree not to:

  • Restrict or inhibit any other visitor or member from using any Service, including, without limitation, by means of “hacking” or defacing any portion of our website;
  • Remove any copyright, trademark, or other intellectual proprietary right notices contained on our website;
  • Engage in spamming;
  • Use any Service for any unlawful purpose;
  • Transmit any software or other materials that contain any malware, virus, worm, time bomb, Trojans, or other harmful or disruptive component;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of our website;
  • Use any means to retrieve, index, “data mine,” or in any way reproduce or circumvent our Service or harvest or collect information about visitors to or members of the Service without their express consent.

By using our Services, you agree to comply with all applicable laws, rules and regulations.

Copyright and Trademark Law

All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of TAG Global Investments Ltd, which reserves all rights.

Disclaimers of Warranties and Limitations on Liability

We provide the information, services, and products on this website “as is” without warranties of any kind. You agree that we shall not be responsible for any content posted in the Chart Room by other subscribers.

All express and implied warranties are hereby disclaimed to the fullest extent permitted by law. We do not warrant that the use of the website will be timely, uninterrupted, or free of error, or that this website or its server will be free of viruses. Under no circumstances shall we, our officers or directors be liable for any loss or injury, direct or indirect, incidental, consequential, or any damages whatsoever arising from the use or performance of this website.

Indemnification

You agree to indemnify, defend and hold us harmless from and against all claims, damages, losses, costs, or other expenses that arise directly or indirectly out of or from:

  • Your breach of the Terms of Use, including any violation of the Code of Conduct;
  • Any allegation that any materials that you submit to us infringe or otherwise violate the Intellectual Property Rights or other rights of any third party;
  • Your activities relating to the Service.

Availability

The price for the service allows for as many as fifteen business days during each year when the service may not be available for reasons such as sick leave, annual leave and public holidays. We will endeavor to limit unavailability of service to less than four consecutive working days at any one time and will advise by email prior to foreseen periods of unavailability.

Changes to the Terms of Use

We may change the Terms of Use and Privacy Policy at any time, without prior notice and at our sole discretion. The most current version of the Terms of Use or Privacy Policy, will be available for viewing by following the respective link located at the bottom of each website page.

Once a change is made to the Terms of Use or Privacy Policy, your subsequent use of our website and Services indicates your agreement to be bound by the new Terms of Use or Privacy Policy. You should not access the services if you do not agree with the Terms of Use or Privacy Policy for this website.