TERMS OF SERVICE AND USER AGREEMENT
Updated December 10, 2019
YOUR ACCESS TO AND USE OF THE COMPANY SITES AND MATERIALS ARE CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. BY ACCESSING OR USING THE COMPANY SITES AND MATERIALS YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, YOU AGREE THAT YOU WILL NOT ACCESS OR USE THE COMPANY SITES AND MATERIALS, AND YOU UNDERSTAND THAT YOU ARE PROHIBITED FROM ACCESSING ANY WEBSITES OR MATERIALS PROVIDED BY THE COMPANY.
CondiTrading.com is a Joint Venture of FREGATA Corporation, 1201 Orange St., Wilmington, Delaware 19801, USA, and STRATIO NAI Ltd., Studena 15090/12, 82104 Bratislava, Slovakia, European Union. While our US company is responsible for trading innovation, our EU company is involved in marketing and sales of trading education. For the sake of clarity and unambiguous definition in the scope of these Terms and Conditions, all marketing, pre-sales, sales, and post-sales relations with clients generated from this Website will be made directly with our Company located in the European Union.
1. GENERAL
You are solely responsible for your use of the Company Sites and Materials. You agree that you will not use the Company Sites and Materials unless you can form a binding contract with the Company. Please read these Terms of Service (“Terms”) carefully before accessing or using any websites or materials provided by STRATIO NAI, Ltd. (the “Company” or “We” or “Us”), or its owners, subsidiaries, affiliates, and joint business ventures, and all their respective officers, directors, employees, agents, and representatives (collectively, “Company Affiliates”). Without limitation, such Websites include www.conditrading.com, and products, services, subscriptions, content and features available on or provided through those websites (such sites and materials collectively, “Company Sites and Materials”).
The Company may revise these Terms by updating this posting or communicating with you regarding the same via the contact information the Company has on record for you. Your continued use of Company Sites and Materials after such revisions have been posted or communicated to you indicates your acceptance of all such revisions.
The Company Sites and Materials are not intended for or directed towards children under 18 years of age. By accessing or using the Company Sites and Materials, you affirm that you are over the age of 18.
2. DESCRIPTION OF PRODUCTS AND SERVICES
CONDI Trading is an education platform for Traders. The CONDI Framework consists of: A. Free System, B. Trade Education.
CONDI Trading System is not a 100% constrained trading algorithm. Nor is it a trading system that can be easily turned into a trading robot (while the Company is currently attempting to put CONDI into its fully automated form, attempts do not seem to bear fruits as of today).
CONDI Trading System is an Ecosystem, rather than a singular trade system. CONDI consists of 4 System Elements (1. Market Personalities, 2. Support & Resistance, 3. Statistic Indicators, 4. Convergence/Divergence) perfectly fine-tuned and blend to work together in unison. However, the practical application of all CONDI Elements still leaves some space for Individual trading approach. The Company teaches everything a client need to know to understand and trade the CONDI System in our Educational Packages.
GENERAL DISCLAIMER
CONDI Trading nor Mark W. Stupka is registered as a securities broker-dealer or an investment adviser. No information published on this website, or included in our free or paid products, is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund. CONDI Trading and Mark W. Stupka cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The reader and the student bears responsibility for his/her own investment research and decisions, should seek the advice of a qualified securities professional before making any investment, and investigate and fully understand any and all risks before investing. CONDI Trading nor Mark W. Stupka in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned in communications or websites. In addition, CONDI Trading nor Mark W. Stupka accepts no liability whatsoever for any direct or consequential loss arising from any use of this information. This information is not intended to be used as the sole basis of any investment decision, nor should it be construed as advice designed to meet the investment needs of any particular investor.
The Company is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading penny stocks. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.
Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
3. INTELLECTUAL PROPERTY, LINKS TO THIS & OTHER WEBSITES
The Company Sites and Materials and related content, including without limitation the User Submissions (as defined below), third-party applications, and any other content on the Company Sites and Materials and the copyrights, trademarks, service marks and other intellectual property rights in such content are the property of Company and/or its third-party licensors or providers unless otherwise specifically stated. You may access and use such content solely for your own personal and non-commercial use. The Company or its third-party licensors, as applicable, reserve all rights not expressly granted in and to such content. Your modification or use of such content other than modification or use expressly permitted hereunder is a violation of our intellectual property rights and can subject you to legal liability.
The Company Sites and Materials may contain links to third-party websites. The fact that we provide such links is not an endorsement of that third-party or any services or products that they may offer, or a representation of our affiliation with that third-party. We do not exercise control over third-party websites. These other websites may follow different rules regarding the use or disclosure of the personally identifiable information you submit to them and you should read the privacy policies or statements of the other websites you visit.
4. USER SUBMISSIONS AND OTHER CONTENT
The Company Sites and Materials may permit the submission of content by users, including, for example, comments, articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such User Submissions, you grant the Company an irrevocable, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Submission in any and all media or distribution methods (now known or later developed). The Company has the right, in its sole discretion and without further notice to you, to monitor, censor, edit, move, and/or remove any and all content posted on the Company Sites and Materials, including any User Submission, at any time and for any reason.
We do not represent or guarantee the completeness, truthfulness, accuracy, usefulness or reliability of any content or User Submission and do not necessarily endorse any opinions expressed therein. You understand that by using the Company Site and Materials, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate. We may not monitor or control the content or User Submissions accessible on the Company Sites and Materials.
In connection with your use of the Company Sites and Materials and your own User Submissions, you agree to follow our Terms and Conditions as the same may be published or linked to on the Company Sites and Materials. We may periodically update the Terms and Conditions. The current Terms and Conditions is available here: https://www.conditrading.com/terms/.
5. TRANSPARENCY AND RESULTS CLAIMS
To promote transparency, we may require users to verify their securities trades through various methods that we designate. If you fail to provide such verification, we may do any or all of the following: (1) disable any account that you have established through the Company Sites and Materials; (2) remove any content you post, including content regarding your trades. Despite the Company’s commitment to transparency, however, the Company does not guarantee the accuracy of and shall not be liable in any way in connection with any trade information submitted by users.
In addition, the Company Sites and Materials may at times refer to a commitment by Mark W. Stupka or other authorized representatives of the Company to share their investment results, including but not limited to trading results or investment strategies. Such references should not be construed or interpreted to require the disclosure of investments and strategies that are personal in nature, that are part of estate or tax planning, or that are immaterial to the scope and nature of the Company’s educational philosophy.
6. EDUCATION PACKAGES – PURCHASE AND PAYMENTS
In connection with any purchase of Education Packages or other materials from the Company, you agree that all of the digital Materials made available to you as part of your purchase are provided as one-time downloads. The Company does not make any promise regarding the continuation of any current features of its website or services, or functionality or delivery of any future functionality or features.
If you purchase any Company educational service or material, by authorizing the Company to charge a payment card for the fees associated with your purchase(s), you are authorizing the Company to charge that card (or any replacement card issued by the card issuer) for all fees or charges associated with your purchase. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced after your purchase will only apply to all possible consequent purchases, and will not affect your already paid purchase price.
REFUND POLICY: Since the Company offers digital products that are immediately downloadable (and consumed) after purchase, the Company offers no refunds for purchases to our customers bzy default. If, however, you have a complaint that is of substantial character, are not satisfied with our product in its practical use in your trading, and can provide valid and verifiable proof to support your complaints, then you need to send an email using the Cmpany Contact Page, including detailed description of what it is that you are complaining about. The Company deals with complaints on case-by-case basis. In some cases it might be able to return part, or even full, purchase price. The Company’s goal is to create a happy, thriving trading community. If you are not thrilled with the product or are not enjoying the educational experience, then the Company has no interest in forcing you to stay an unhappy member.
If you and the Company manage to agree on a refund and on returning part or whole of your purchase price back to you, you acknowledge and agree that your refund amount might be lowered by any fees associated with realization of the refunds, and that the decision on whether payment of such refund transaction fees will be applied to your side, or to the side of the Company, will be in the Company’s sole discretion. In case a refund has been issued to you by the Company, it is your obligation to mmediately cease using any and all of the Company Education Packages and other Materials provided to you as part of your purchase, and delete them from any and all of your digital devices and storages where they were stored, in full.
You are responsible for the payment of any taxes associated with the purchase of services or materials from the Company.
7. SECURITY
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. The Company makes no assurances regarding the security of your information.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT, PRODUCTS, TOOLS, AND SERVICES INCLUDED OR OBTAINED VIA OR AS PART OF THE COMPANY SITES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON OR IN THE COMPANY SITES AND MATERIALS.
9. LIMITATION OF LIABILITY
NEITHER THE COMPANY NOR THE COMPANY AFFILIATES NOR ANY OF THEIR SUPPLIERS, ADVERTISERS, OR SPONSORS ARE OR WILL BE LIABLE FOR ANY ACTUAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO ANY OF THE COMPANY SITES AND MATERIALS, OR ANY OF THE CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH THE COMPANY INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR INCOME, LOSS OF CAPITAL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR MATERIALS OR SERVICES (INCLUDING SUBSCRIPTIONS), DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
10. INDEMNIFICATION
As a condition of your use of the any of the Company Sites and Materials, you agree to indemnify and hold the Company and the Company Affiliates harmless for any losses, claims, judgments, costs, damages, and expenses (including attorneys’ fees) caused by or resulting from (a) your violation of these Terms; (b) your use or reliance upon any of the Company Sites and Materials; (c) your violation of the rights of any third party, (d) any claim that one of your User Submissions caused damage to a third-party, or (e) any claim or demand by a third-party arising out of your use of any third-party website. This obligation to indemnify and hold harmless will survive the expiration or termination of these Terms and your cessation of use of the Company Sites and Materials.
11. TERM AND TERMINATION
Except as otherwise specified herein, these Terms commence on your first use of any of the Company Sites and Materials and continue until you cease to use the Company Sites and Materials or your subscription, if any, expires or has been terminated, whichever is later.
The Company may terminate your access to and use of the Company Sites and Materials at any time. Cause for such termination shall include, but not be limited to (i) breaches or violations of these Terms or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) violation or unauthorized use of copyrights or other intellectual property. Cancellation or termination of your account, services or subscriptions by the Company shall not relieve you of any obligation to pay any accrued fees or charges. You may not access or use the Company Sites and Materials after termination or notification of the same.
12. MISCELLANEOUS
The laws of the State of Slovakia, E.U., without reference to conflicts of law rules, govern the Terms and any dispute of any sort that might arise between you and us. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
You and We agree that our sole relationship is a contractual one governed by these Terms and the Code of Conduct. Any controversy or claim arising out of or related to the provision of services or materials by Us shall be resolved solely based on these Terms.
ALL DISPUTES WITH CONDI Trading ARISING IN ANY WAY FROM OR IN ANY WAY RELATED TO THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.
ANY SUCH DISPUTE SHALL NOT BE COMBINED OR CONSOLIDATED WITH A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, AND SPECIFICALLY, WITHOUT LIMITATION OF THE FOREGOING, SHALL NOT UNDER ANY CIRCUMSTANCES PROCEED AS PART OF A CLASS ACTION. THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR, WHOSE AWARD MAY NOT EXCEED, IN FORM OR AMOUNT, THE RELIEF ALLOWED BY THE APPLICABLE LAW.
The arbitration shall be conducted according to the Bratislava Chamber of Commerce (BCHC) Commercial Arbitration Rules applicable to consumer disputes. The BCHC Rules are available online at the Bratislava Chamber of Commerce website. This arbitration provision is entered pursuant to the valid Arbitration Act. The laws of the State of Slovakia, without reference to its choice of laws principles, shall govern the interpretation of the License and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision. For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant CONDI Trading its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, and CONDI Trading shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed 5,000 EUR (“Large Claim”) shall be determined according to BCHC rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.
This arbitration provision also applies to claims against CONDI Trading’s employees, representatives and affiliates if any such claim arises from the Product’s sale, condition or performance.
You may opt out of this dispute resolution procedure by providing notice to CONDI Trading no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by e-mail to [email protected], with the subject line: “Arbitration Opt Out.” You must include in the opt out e-mail (a) your name, address and email address used in connection with the Service and (b) the date on which you began using the Service.
RISK DISCLAIMERS: Investing in the financial markets involves inherent risks. Your trading results may depend on your investing skills, methods, and experiences. Past performance is not indicative of future results.
Trading results may not be typical for all traders, and may fluctuate from person to person. Making money in trading the financial markets requires dedication, hard work, and time. There are inherent risks involved with investing in the financial markets, including the loss of your equity. Past performance in trading the markets is not indicative of future results. Any investment is at your own risk. Please read our Terms of Service. Past performance is not necessarily indicative of future returns.
ADVICE OF COUNSEL: EACH PARTY ACKNOWLEDGES THAT, IN EXECUTING THIS AGREEMENT, SUCH PARTY HAS HAD THE OPPORTUNITY TO SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL, AND HAS READ AND UNDERSTOOD ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT SHALL NOT BE CONSTRUED AGAINST ANY PARTY BY REASON OF THE DRAFTING OR PREPARATION HEREOF.
These Terms and the Code of Conduct referenced herein constitute the entire agreement between you and the Company relating to your use of the Company Sites and Materials and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.