Disclaimers - BijanTrades Watchlist

Terms and Conditions of www.BijanTradesWatchlist.com

By using any of our Services (even just browsing one of our websites), you’re accepting and agreeing to the following Terms and Conditions, as well as the following Disclaimers and Disclosures. If you don’t agree with any of the Terms, you may not use our Services or websites.These Terms and Conditions of Service and Use of www.bijantradeswatchlist.com, hereby amend and restate any such prior terms and conditions.

www.bijantradeswatchlist.com, and all related content, websites and webpages, materials and services (collectively, the “Site” or “Sites”) is an online educational resource related to the trading of securities that provides its customers and members with interactive chat rooms, trading, investment and research tools, and educational classes, materials and resources for use by customers and members in connection with their trading education and activities. “Securities” as used herein and for the purposes of these Terms and Conditions, shall include but not be limited to, money, securities, commodities, stocks, stock shares, stock options, real estate, futures, ETFs, and other investments of every kind and nature and all contracts and options relating thereto, whether for present or future delivery.
In consideration of each member or customer’s (each, a “customer” or “member” or “student” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of Bijan Trades and or BijanTrades Watchlist and or Bijan T L.L.C
You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of my use of the Site and the products and services of Bijan Trades and or Bijan Trades Watchlist. By clicking “I AGREE” or “Agree” or “Accept”, and/or using or accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions, and the Privacy Policy of Bijan Trades and Bijan Trades Watchlist and BijanTradesWatchlist.com. If you are unwilling to be bound by these Terms and Conditions, you will not click “I AGREE” and/or use, view or access the Site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BY CONTINUING TO USE THE SITE OR BY CLICKING “I AGREE” OR BY LOGGING IN, IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
At any point mentioned throughout this agreement, but not limited to all instances, “Bijan Trades” “Bijan Trades Watch List” “Bijan Trades Watchlist” “Bijan Trades Course” “BTWL” “BijanTrades Watchlist” “BijanTrades “bijantrades” “bijan trades” “bijan” “Bijan” “Bijan T” “Bijan Tahmasebpour” “BijanT” “us” “he” “we” “they” “them” “his” “him” “her” “hers” “our” “ours” “associated” “site” “The Site” “the site” “Site” “the website” “Website” “The Website” “the website” “service” “Services” “sites” “websites” “Sites” “course” “The Course” “The Watchlist” “Watch List” “watch list” “Chat Room” “chat room” “ChatRoom” “Chat” “BIJAN” “BIJAN TRADES” “BIJAN T LLC” “Bijan T LLC” “BIJANTLLC” “bijantrades.com” “bijantradeswatchlist.com” “BijanTradesWatchlist.com” “www.BijanTradesWatchlist.com” “WWW.BIJANTRADESWATCHLIST.COM” “www.bijantrades.com” “WWW.BIJANTRADES.COM” “BijanTrades.com” “www.BijanTrades.com” “Bijantrades” “BIJAN T L.L.C” may be used in place of, in lieu of, or interchangeably with BIJAN T LLC, or in place of each other.

General Terms
1. By clicking “AGREE” or “I AGREE” and/or using or accessing the Site, you thereby agree, (i) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (ii) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Bijan Trades and BijanTrades Watchlist, as each may be amended or supplemented from time to time in our sole discretion without notice, and (iii) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site or any associated sites. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
2. Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (i) are eighteen (18) years of age or older, (ii) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (iii) are not a competitor of Bijan Trades and or Bijan Trades Watch List, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Bijan Trades and or Bijan Trades Watchlist, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Bijan Trades or BijanTrades Watchlist, (iv) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (v) will not violate any rights of Bijan Trades or Bijan Trades Watchlist, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (vi) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
3. Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
  1. That the videos, content, materials, services and other intellectual property contained or embodied in the Site are owned by Bijan T LLC and are protected by patent, copyright, trademark and other similar laws;
  2. Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
  3. Not to transmit, send or otherwise post unauthorized commercial communications (such as but not limited to spam), or other similar materials or advertisements, using the Site;
  4. Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
  5. Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, MLMs, and similar marketing concepts;
  6. Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
  7. Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
  8. Not to bully, intimidate, or harass any person;
  9. Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Bijan Trades or Bijan Trades Watchlist in its sole discretion;
  10. Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
  11. Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
  12. Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as but not limited to a denial of service attack;
  13. Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
  14. Not to facilitate or encourage any violations of these Terms and Conditions;
  15. Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, Bijan Trades, BijanTrades Watchlist, Bijan T LLC, Bijan Tahmasebpour, or any other product or service of Bijan Trades or BijanTrades Watchlist;
  16. Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
  17. Not to issue chargeback disputes against Bijan Trades or BijanTrades Watchlist or Bijan T LLC.
  18. Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
  19. Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
  20. Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
  21. Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Bijan T LLC or BijanTrades Watchlist or Bijan Trades.
  22. Not to share personal information with members, or request personal information from members.
  23. Not to access the Site for any reasons other than for your own personal educational purposes;
  24. Not to access or attempt to access this site through any means other than through the interface we provide and act in permission from site owner and compliance with the instructions set out in any robots.txt file present on this site;
  25. Not to (i) sublicense, resell, sell, transfer, assign, or distribute the site, any content or context of this site or any of our associated sites; (ii) modify or attempt to modify or make derivative works based on the site, any services on or from the site, any content from or on the site or associated with the site; (iii) “frame” or “mirror” the site, any services or content on the site or on any other service or internet-enabled device.
4. The Site contains general information and may not reflect current investment developments or information. The information is not guaranteed to be correct, complete or current. Bijan and Bijan T LLC and bijantradeswatchlist.com makes no warranty, expressed or implied, about the accuracy or reliability of the information at this website or at any other website to which it is linked or links to. Recipients of content from this website or directly from Bijan or his associates, should not act or refrain from acting on the basis of any information included in the site without seeking appropriate investment advice from a licensed Industry representative; such as, but not limited to a Broker/Dealer, Introducing Broker, FCM and and/or Registered Investment Advisor. Neither Bijan Trades nor Bijan Tahmasebpour or any of his affiliates are licensed to make such advisement. Bijan and Bijan Trades and BijanTrades Watchlist 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 bears responsibility for his/her own investment research and decisions, should seek the advice of a qualified securities professional before making any investment decisions, and should fully understand any and all risks before investing. Bijan Tahmasebpour and Bijan Trades and BijanTrades Watchlist in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned in communications or on this site or associated sites. In addition, Bijan and Bijan T LLC accept no liability whatsoever for any direct or consequential loss arising from any use of this information. The information provided is not intended to be used as the sole basis of any investment decision, and should not be construed as advice designed to meet the investment needs of any particular investor. At any given time, during any given period Bijan, Bijan T, Bijan Trades, BijanTrades Watchlist, and/or any of its affiliates may make less or may make more through training sales compared to trading or other avenues. All purchasers of the Bijan Trades Watchlist or Bijan Trades Training or other Bijan Trades products are encouraged to speak with a licensed representative of their choice regarding the appropriateness of investing/trading or of any particular investment/trading strategy. Bijan, www.bijantradeswatchlist.com, and any affiliate that may be associated expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information or other contents of this site. Although we are committed to transparency, we do not and can not guarantee the accuracy of any information or trade information found online or supplied to the student or anyone, including but not limited to trades posted on social media, trade statements, pictures, general trade ideas, potential news updates or event announcements. This is a general version of our disclaimer and users are urged and required to read the full disclaimers found below and more toward the bottom of the page.
5. Stock Trading and Day Trading can be extremely risky. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less that $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success. FINRA has also enacted a “Pattern Day Trading Rule” which requires FINRA members to limit the number of day trades made by consumers unless the consumers maintain a minimum equity of $25,000 in their trading accounts.
6. None of the information we give is tailored to your investment needs or the investment needs of any person. We do not guarantee any of the information we provide would result in profitable investment activities. Examples used on our website are not to be interpreted or understood to be a promise or guarantee of earnings.Content and or Materials in our product(s) or services or on our website, or any press release, internet broadcast, video, webinar, radio program (live or pre-recorded or otherwise), may contain information that includes or is based upon Forward-Looking statements within the meaning of the Securities Litigation Reform Act of 1995. Forward-Looking statements give our expectations or forecasts or forecast(s) of future events and you can identify such statement by the fact that they do not strictly relate to historical or current facts, and use such words such as but not limited to, “anticipate”, “estimate”, “expect”, “project”, “intend”, “plan”, “believe”, “may”, “will”, “should”, “expects”, “anticipates”, “anticipating”, “looking” or the negative thereof or other similar terms, or by language used in discussions, broadcasts, web posts, websites, or trade ideas that involve risks and uncertainties, and other words and/or terms of similar meaning in connection with a description of potential earnings or financial performance. There exists a variety of risks/uncertainties that may cause actual results to differ from the Forward-Looking statements. We do not assume any obligation to update any Forward-Looking statements whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made and are nothing more than opinions.
  Any and all Forward-Looking statement(s) on our website or online materials, sales materials or anything produced by us or any of our associates, are intended to express our OPINION of any potential of any kind and if provided, is educational information and nothing more.
  We do not warrant or guarantee the accurateness, completeness or adequacy of the or any information we provide or that may be included in or contained within our website or any website linked to or from ours.
  
  Your use of the information on our website or content linked to it is entirely at your own risk.
7. A subscription to this Site is an acknowledgment that you have read the disclaimer and Privacy Policy and agree to it fully and unconditionally without any exception, legal or otherwise.
8. We may, and reserve the right to, revise and update these Terms and Conditions, as well as our Disclaimers and Disclosures, from time to time at our sole discretion, or at anytime. All changes are effective immediately when we post them, and apply to all access to and use of any of our Websites, Sites, Products, Services and or Materials thereafter. Your continued use of or access to the website or any of our associated sites or services after Terms and Conditions or Disclaimers and Disclosures revised or updated means that you accept and agree to the changes. You agree to review the Terms and Conditions from time to time so that you are aware of any changes, as they are binding on you.
9. Should any provision of our terms and conditions be held invalid, unlawful or for any reason unenforceable, then the invalid, unlawful or unenforceable provision shall be severable from the remaining provisions. Such invalid, unlawful or unenforceable provision shall not affect the validity or enforceability of the remaining provisions.
10. All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading education and activities, and for no other use.
11. Violating any of the aforementioned will result in immediate removal from Bijan Trades Watchlist and any other associated sites and or services, and forfeits your right to request a refund.
Ownership and Accessibility; Limited License
1. By becoming a customer of BijanTrades Watchlist or Bijan Trades or Bijan T LLC or any associated sites and using the Site, Bijan Trades Watchlist hereby grants to you a limited revocable license to use the Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Bijan Trades or BijanTrades Watchlist in connection with the Site, which may be amended by Bijan Trades at any time in its sole discretion and without notice. Such limited revocable license is freely revocable and terminable by Bijan Trades at any time, without cause and in the sole discretion of Bijan Trades or Bijan T LLC. Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of Bijan Trades or BijanTrades Watchlist. Upon revocation or termination of this limited revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination Bijan Trades may deny your access to the Site and any other Bijan Trades content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by Bijan Trades will be preserved or disposed of in accordance with the terms of the Privacy Policy of BijanTrades Watchlist. Any information you submit to Bijan Trades is at your own risk of loss, and Bijan Trades assumes no liability or responsibility therefor.
2. Bijan Trades reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of Bijan Trades, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Bijan Trades or Bijan T LLC, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by Bijan Trades, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Bijan Trades, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of Bijan Trades, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
3. Additionally, you grant Bijan Trades an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.
Violation; Termination of Account
1. Bijan Trades reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Bijan Trades or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Bijan Trades and Bijan T LLC whether at law, in equity or otherwise. You hereby acknowledge and agree that Bijan Trades may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Bijan Trades or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Bijan Trades has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Bijan Trades may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that Bijan Trades finds, in its sole discretion, to be objectionable.
2. You acknowledge and agree that Bijan Trades may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Bijan Trades may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
Purchase Conditions and Refund Policy
1. Through the Site, Bijan Trades offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
2. When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Bijan Trades to store (or cause a third party to store on behalf of Bijan Trades) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
3. Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by Bijan Trades in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Bijan Trades may immediately terminate your account or service. It is solely your responsibility to ensure (i) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (ii) that a valid email address remains on file for your account or service for any communications from Bijan Trades related thereto.
4. All payments made to Bijan Trades or Bijan or Bijan T LLC in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and Bijan Trades does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or Bijan Trades is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
5. All subscriptions are renewed automatically through PayPal services or other services we may choose. BijanTrades and Bijan T L.L.C can, at their sole discretion, cancel your subscription at any time without notice and or refund.
6. By accessing this site, a user agrees not to distribute or redistribute the information found therein. If they have been deemed to have shared or distributed information and or any site passwords to anyone other than themselves, immediate termination shall occur.
7. All fees charged by Bijan Trades in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
8. Generally, online training course orders and subscriptions are NOT eligible for refund, cancellation, or transfer to a Seminar/Webinar training course or live training course. We MAY approve a refund/transfer request at our discretion and approval, provided the student or customer meets the following requirements:The student MUST notify us of their desire to transfer or cancel IN WRITING within 12 (twelve) hours of placing the online order. Requests MUST be sent via email (Verbal requests and social media requests are not accepted) to following addresses AND;
  The student must NOT HAVE EXCEEDED the MAXIMUM training TIME ALLOWED for ANY online course:
  Courses with a TOTAL course time of 30 minutes to 1-hour: 10 minutes MAXIMUM
  Courses with a TOTAL course time of 1-hour to 2-hours: 15 minutes MAXIMUM
  Courses with a TOTAL course time of 2-hours to 8-hours: 20 minutes MAXIMUM
  Courses with a TOTAL course time of 8- hours or more: 30 minutes MAXIMUM.
  If the request is made AFTER 24-hours OR if the student has completed MORE THAN the MAXIMUM allotted training time indicated above, any payments and tuition is NON-REFUNDABLE.
9. Although we are not removing accounts and access randomly for no reason, We reserve the right to terminate any account or membership for any reason at anytime.
Modifications to the Site and Pricing
1. Bijan Trades and Bijan T LLC reserves the right to, and you acknowledge and agree that Bijan Trades may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Bijan Trades reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new content or tools and resources, shall be subject to these Terms and Conditions and may result, in Bijan’s sole discretion, to a price increase. Bijan Trades and Bijan T LLC shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
2. Without limiting the foregoing, Bijan Trades may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Bijan Trades or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Bijan Trades and Bijan T LLC may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Cancellations
1. Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.
2. When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking here or by manually cancelling your subscription through your PayPal profile or PayPal Account, (ii) by requesting such cancellation in writing by email to contact@bijantrades.com, which cancellation request must receive a confirmation of receipt from Bijan Trades and which cancellation will be processed by Bijan Trades in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, social media, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Bijan Trades and Bijan T LLC may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
General Disclaimer of Warranties
1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
2. BIJAN TRADES DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, BIJAN TRADES DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; BIJAN TRADES DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
3. BIJAN TRADES DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, BIJAN TRADES DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
4. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY BIJAN TRADES HEREBY.
Disclaimers

BIJAN TRADES, BIJAN, BIJAN TAHMASEBPOUR, BIJANTRADES.COM AND BIJAN T LLC EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
1. Your Responsibility
  1. Bijan, Bijan Trades, and any associates are not registered as an investment adviser with the U.S. Securities and Exchange Commission. Further more, Bijan, Bijan Trades, and any associates are not licensed or registered as securities broker-dealer(s) or any type of investment advisers. Rather, Bijan Trades relies upon the “publisher’s exclusion” from the definition of “investment adviser” as provided under Section 202(a)(11) (D) of the Investment Advisers Act of 1940 and corresponding state laws. As such, Bijan Trades does not offer or provide personalized investment advice. To the extent any of the content, material, information and/or any other kind of informational offering published, broadcast, or otherwise stated on this, and/or associated websites, may be deemed to be “investment advice”, such information is impersonal and not tailored to the investment needs of any specific person. The information contained within this, and/or, associated websites, is provided for informational and educational purposes only. The information should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. The content and information provided by Bijan Trades, the Site and the other products and services of Bijan Trades and Bijan T LLC, is solely incidental to the business and activities of Bijan Trades in providing educational services.
  2. You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Bijan Trades does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that Bijan Trades employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any Bijan Trades employee. Bijan Trades recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.
  3. No data, content or information provided by Bijan Trades, the Site or the other products and services of Bijan Trades, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer, or solicitation of an offer, to buy or sell securities, nor an attempt to influence the purchase or sale of any security. Bijan Trades is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Bijan Trades do not require any such registration.
  4. Research, Informational and Educational Purposes Only:
    Neither the Site, Watchlist, Course, Chatroom, any content found from or within any associated websites, nor Bijan Trades, offers or provides personalized investment advice. All data, content and information within the site and services is impersonal and not tailored to the investment needs of any specific person. Such data, content and information is provided for research, informational and educational purposes only or for the purpose of broadening ones knowledge or perspectives about the stock market, along with any other content or services offered on the site.The Course, Chatroom, and or Watchlist or any other content or services is provided to help you expand your knowledge base. Use of the Site or Watchlist or Course or Chatroom or any other service does not indicate or guaranty any predictable, general, specific or other results. The Site, the Watchlist, the Course, and or The Chatroom or any other material is only one of many ways that you may expand your knowledge and you should not rely upon the Site, any tools, or any data, content and information therein, as the sole basis for an investment decision or transaction. If you choose to rely on the site or the course or the watchlist or the chatroom, or any such data, content or information, you understand, acknowledge and agree that you are doing so solely at your own risk and bear sole responsibility for your own investment research and decisions. You remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies.
    Bijan Trades does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. The data, content and information within the Site or any other service or tool, should not be construed as investment or trading advice, and is not meant to be a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction. Such data and content and information provided, if any, by the Site or Watchlist or Course or Chatroom or any of our offerings is solely incidental to our business and activities in providing educational services.
  5. You acknowledge and agree that you, and not the site nor any owners nor associates, are solely responsible for your own investment research and decisions. We urge you to seek the advice of a qualified securities professional, tax, and/or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. Bijan Trades and Bijan T LLC assumes no responsibility or liability for your trading and investment results and you agree to hold Bijan and Bijan T LLC harmless for such results or losses.
2. Data, Content and Information
  1. No data, content or information provided by Bijan Trades, the Site or the other products and services of Bijan Trades, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.
  2. Bijan Trades neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of Bijan Trades. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through Bijan Trades. If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of Bijan Trades is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by Bijan Trades, the Site or the other products and services of Bijan Trades.
  3. Bijan Trades cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
  4. The forum and chatrooms on the Site are comprised of customers and members (including, without limitation, moderators who are in the employ of Bijan Trades) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by Bijan Trades to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chatrooms (whether such data, content or information is posted by Bijan Trades or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by Bijan Trades or its directors, officers, shareholders, employees, agents or affiliates. As such, Bijan Trades is not responsible for the accuracy of data, content or information or any performance data in any forum or chatroom; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chatroom is intended as, nor should you rely on it as, investment advice provided by Bijan Trades or its directors, officers, shareholders, employees, agents or affiliates.
  5. Bijan Trades and BijanTrades Watchlist does not control, and does not endorse, any data, content or information posted on the forum or chatroom through or on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and Bijan Trades expressly disclaims responsibility for any such data, content or information. Bijan Trades has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chatroom on the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold Bijan Trades, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the forum or chatroom on the Site.
  6. Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not relay or rely on such opinions and ideas which may not be complete or accurate. Each of Bijan Trades’ services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our trade ideas or watchlist service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.
  7. You understand, acknowledge and agree that MODERATOR results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.
  8. You understand, acknowledge and agree that, For informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Site contains simulated or hypothetical trading programs or trades. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.
  9. You understand, acknowledge and agree that Bijan Trades and its directors, officers, shareholders, owners, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that Bijan Trades, and its directors, officers, shareholders, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide Bijan Trades any data.
  10. Through your use of the site, You expressly contract and consent to the operations of Bijan Trades (including the moderator actions and omissions discussed above) and release Bijan Trades, and its directors, officers, shareholders, employees, owners, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You Should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to loose. Don’t trade with money you can’t afford to lose.
  11. Our Services, Websites, Courses, Chatrooms, Discussion Forums, Subscriptions, Postings, Videos, Webinars, Watchlists or Watchlist ideas are not, and are not to be seen as an investment advisory service and do not purport to tell or suggest which financial instruments a subscriber should buy, sell or hold for his/herself or on behalf of anyone else. Rather, any ideas, if any, provide hypothetical ideas. Watchlist ideas and or any other form of Alerts or Signals or Trade Ideas found within or from our sites are not actual trades and do not represent an actual portfolio of investments; ideas are “Long” and “Short” ideas across various time frames and durations, and are typically based on various forms of analysis or research or models. Any ideas, if any, are posted on the website and available to all subscribers of the Watchlist at the same time. Any “time stamp” if any, generally represents the time the posting or idea was submitted to the Website or made public. Users and Subscribers may experience delays due to but not limited to “Latency Periods”. Bijan T LLC makes no guarantee related to time stamps, accuracy of time stamps, Latency Periods, delivery, or failure to deliver, any Email or Email Notification or any notification to any subscriber or user.All such data, content or information is for informational purposes only and does not constitute advice or a recommendation by Bijan Trades or Bijan Tahmasebpour or Bijan T LLC or any associates to enter into any securities transactions or engage in any financial actions or financial strategies based upon such data, content or information found within any of our websites, content and or social medias or social media posts.
    
    You understand, acknowledge and agree that your use of the watchlist or course or chatroom or any part of our website is at your own risk, and Bijan Trades and Bijan Trades Watchlist expressly disclaims all responsibility for any such data, content or information, and responsibility for any decisions based on such data, content or information, or for purchasing or selling any security or engaging in any investment or transaction, based on such data, content or information. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or engaging in any investment or transaction.
    Our Community Guidelines prohibits use which intends to impersonate another individual or entity or imply endorsement or affiliation where no such relationship exists; however, Bijan Trades is not responsible for verifying any identity, affiliation or endorsements posted in the Chatroom or any where on our website, or any postings by any other users or any postings on any social media platforms. By using our Services, Websites, Watchlists and or Chatrooms, you understand that you are solely responsible for complying with all applicable laws, rules and regulations, include but not limited to privacy, intellectual property and securities regulations and Bijan Trades cannot, and will not, take any responsibility, nor will Bijan Trades provide you any defense or indemnity for your failure to comply.
    
    BIJAN TRADES DOES NOT PROVIDE INVESTMENT ADVICE OR ANY INVESTMENT ADVISORY SERVICES THROUGH THE WEBSITE, CHATROOM, WATCHLIST, COURSE, VIDEOS, WEBINARS OR ANY OTHER MEANS. NO CONTENT ON THE WEBSITE, CHATROOM, WATCHLIST OR COURSE SHOULD BE CONSTRUED AS A RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTION OR TO ENGAGE IN ANY INVESTMENT STRATEGY PRESENTED OR PORTRAYED. THE OPINIONS EXPRESSED IN THE CHATROOM OR WATCHLIST ARE THOSE OF THE POSTER, AND NOT NECESSARILY THOSE OF BIJAN TRADES OR BIJANT LLC.
    
    The Watchlist or Course or Chatroom, or any other form of content on or from our websites, may contain mentions or links to other websites or applications containing additional data, content or information. Bijan Trades and Bijan T LLC does not control, and does not endorse, any such data, content or information, and neither assumes responsibility for, nor guarantees the validity, adequacy, timeliness, accuracy, reliability, completeness or usefulness of such data, content or information.
3. Activities of Bijan Trades Personnel
  1. Bijan Trades or BijanTrades Watchlist, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may, are not required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of Bijan Trades. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to Bijan Trades strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. Bijan Trades personnel adhere to their unique individual plans developed and implemented by them with or without Bijan Trades, and experiences will not be duplicated and are not typical.
  2. Bijan Trades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.
  3. Bijan Trades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.
  4. Bijan Trades does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.
  5. You understand, acknowledge and agree that Bijan Trades, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of Bijan Trades, or its directors, officers, shareholders, employees, agents or affiliates.
  6. Bijan Trades and any associates or moderators trade solely for their own accounts using their own money. Neither Bijan Trades nor any of its Moderators or affiliates or associates is compensated for making the trades identified in any of our content or websites. Bijan Trades, its Moderators, and/or its affiliates may hold, buy, and/or sell securities that are discussed in any of the Content or Websites and/or Materials. You understand, acknowledge, and agree that Moderators may purchase or sell securities before or after any point of mention and that some trades mentioned or discussed by any Moderator or Member may not actually be executed. Bijan Trades does not require Moderators to disclose all or any trades, and Moderators’ positions may be inconsistent with trades or trade ideas. You understand, acknowledge, and agree that Bijan Trades and its members, owners, officers, employees, agents, and affiliates do not verify Moderator trade records or maintain records of moderator trades and results, and that Moderators have no obligation to provide Bijan Trades or Bijan T LLC with any of their trade data. You further understand, acknowledge, and agree that Bijan Trades has no obligation to notify you whether a Moderator executes (or does not execute) any trade. We reserve the right to buy or sell the shares or options of any of the companies mentioned in any Contact, Sites, and or Materials at any time.
4. Investments and Results
  1. The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.
  2. Bijan Trades, and the content and information contained on the Site, and in other products and services of Bijan Trades, do not indicate or guaranty any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
  3. As more fully set forth herein, Bijan Trades, and its directors, officers, shareholders, owners, employees, agents and affiliates, make no representation, warranty or guaranty as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.
  4. Bijan Trades may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you. Your results may differ materially from those expressed or utilized by Bijan Trades due to a number of factors.
  5. COMMODITY FUTURES TRADING COMMISSION 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.
5. Testimonials Disclaimer
  
  In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
  1. Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of Bijan Trades. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.
  2. Endorsements, testimonials or descriptions of past performance appearing on the Site were received via text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.
  3. Bijan’s experience with trading is not typical, nor is the experience of individuals featured in testimonials. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time.
  4. We do not track the typical results of our current or past students. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable. We also urge you to do more research regarding the topic and probability of day trading profitability as there are many research articles conducted on the topic.
  5. The range of results found in some studies regarding the topic of day trading and the chances of success with day trading showcase and expand on the difficulties and challenges of determining an actual success rate or even a “base-line” for day traders and day trading. At a minimum, these examples can show that at least half (50%) of aspiring day traders will not be profitable. These studies along with other points mentioned throughout this agreement reiterate the idea that stock trading and day trading is risky and that consistently making money trading is not easy. Stock Trading, Options Trading, and or Day Trading is a high risk activity and can result in the loss of your entire investment, or even more. Any trade or investment is at your own risk and we always urge users and students to consult with a licensed advisor prior to making any decisions or investments.
6. Results and Testimonials Disclosure
  1. Compensation And Benefits To Testimonialists. Some of the testimonialists on this site may receive affiliate commissions based on sales of products or services for which they give testimonials. Other testimonialists may receive free promotional materials or free products or services to review. To the best of our knowledge we believe these testimonials represent the honest opinions of the testimonialists.
  2. Generally Expected Results From Our Products/Services. For Testimonials we post on our site that are in the nature of “success story” or “best-case” scenario testimonials (as distinguished from subjective opinions) you should assume that the results achieved by these testimonialists are the exception and not the rule, and for this reason, you should not expect to achieve the same level of results, or any positive results at all.
  3. Subjective Opinion Testimonials We Post. For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions.
  4. Posts and Blog Posts by Others. We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site or in any forum or chatroom regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials or positive comments (as distinguished from subjective opinions), you should assume that the results achieved by these testimonialists are the exception and not the rule, and for this reason, you should not expect to achieve the same level of results, or any positive results at all.
7. Earnings and General Earnings Disclaimer
  1. Although we make every effort to accurately represent the services and/or products presented on this website, we make no assurance, representation or promise regarding future earnings or income, or that you will make any specific amount of money, or any money at all, or that you will not lose money.
  2. Earnings or income statements, or examples of earnings or income, represent estimates of what you may earn; however, there is no promise or guarantee that you may experience the same level of earnings or income.
  3. There is no assurance that any prior success or past results regarding earnings or income may be an indication of your future success or results.
  4. Statements or examples of actual earnings on this website or any statements or examples should not be viewed as promises or guarantees of earnings or income. Earnings and income potential are affected by a number of factors over which we have no control, including but not limited to your financial condition, talent, skills, level of effort, motivation, past experience and education, your competition, and changes within the market.
  5. Operating a business on the Internet involves unknown risks. You should make decisions based on information provided through services and/or products presented on this website with the understanding that an Internet business may not be suitable for you, and that you could experience significant losses or fail to generate any earnings or income at all.
  6. You should undertake your own due diligence regarding your evaluation of any services and/or products presented on this website, and this includes relying on qualified professional advisors to assist you with your evaluation.
  7. For the foregoing reasons, you agree that we are not responsible for any decision you may make regarding any information presented on this website or any of the services and/or products presented on this website.
8. CFTC RULE 4.1
  1. U.S. Government Required Disclaimer: Commodity Futures Trading Commission. Futures and options trading has large potential rewards but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. This website is intended for educational purposes only. We are not registered investment advisers and in no way associated with any FINRA broker-dealer. The past performance of any trading system or methodology is not necessarily indicative of future results.
  2. HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL, ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
  3. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in any simulation. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any 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 the financial risk of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program despite trading losses is material points which can also adversely affect trading results. There are numerous other factors related to the markets in general or the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results, which can adversely affect actual trading results.
  4. Forex, futures, equities, and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the Forex, futures, equities, and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell Forex, equities, futures, or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not indicative of future results.
  5. All trades, patterns, charts, systems, strategies, ideas, etc., discussed in this advertisement and the product materials, including website and any services offered are for illustrative purposes only and not construed as specific advisory recommendations. All ideas and material presented are entirely those of the author and do not necessarily reflect those of the publisher or Bijan T L.L.C or any affiliates or employees.
  6. Futures, options, and spot currency trading have large potential rewards but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, foreign exchange, and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, spot forex, CFD’s, options, stocks, or other financial products. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in any material on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. For the avoidance of any doubt, Bijan T LLC and any associated companies, or employees, do not hold themselves out as Commodity Trading Advisors (“CTAs”) or Financial advisors. Given this representation, all information and material provided by the Bijan T L.L.C and any associated companies, or employees, or websites, is for educational purposes only and should not be considered specific investment advice.
9. High Risk Warning
  1. As mentioned above and throughout this agreement, Foreign Exchange, Futures, Stocks, and Options trading has large potential rewards but also significant potential risks. The high degree of leverage can work against you as well as for you. You must be aware of the risks of investing in forex, futures, and options and be willing to accept them in order to trade in these markets. Forex trading involves a substantial risk of loss and is not suitable for all investors. Please do not trade with borrowed money or money you cannot afford to lose. Any opinions, news, research, analysis, prices, or other Information on this website is provided as general market commentary and does not constitute investment advice. We will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such Information. Please remember that the past performance of any trading system or methodology is not necessarily indicative of future results.
  2. The Author of (BijanTradesWatchlist.com / Bijan T,LLC or affiliates/employees and other registered users) may write about securities and/or investment strategies in which they or their affiliates may or may not have a position and that they may trade for their own account. As Markets Change continuously, previously published Information and data may not be current and should not be relied upon. All Content is presented only as of the date published or indicated and may be superseded by subsequent market events or other conditions. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent Information.
  3. U.S. Government Required Disclaimer – Commodity Futures Trading Commission – Futures and Options trading has large potential rewards and significant potential risks. You must be aware of the risks and be willing to accept them to invest in the stock/options markets. Do not trade with money you can’t afford to lose. This is neither a solicitation nor an offer to buy or sell stocks, futures, options, or securities of any sort. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed via this website and media referenced. The past performance of any trading system or methodology is not necessarily indicative of future results.
  4. We DO NOT make any specific recommendations for any member’s personal or individual portfolio – they are to consult their licensed advisor or representative for any and all advice relating to financial decisions.
10. Monitoring
  1. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
11. Third Party Websites and Associated Websites
  1. The Site, and other products and services of Bijan Trades and Bijan T LLC, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Bijan Trades has not reviewed all of the sites linked to or from the Site, or other products and services of Bijan Trades, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of Bijan Trades, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
  2. Links to Third Party Sites and Websites: We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
  3. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Limitations of Liability
1. WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BIJAN TRADES, BIJAN T LLC AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (I) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF BIJAN TRADES, OR (II) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF BIJAN TRADES, IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $250, WHICHEVER AMOUNT IS GREATER.
2. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY BIJAN TRADES IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.
3. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. FORCE MAJEURE: WE SHALL NOT BE LIABLE FOR DAMAGES FOR ANY DELAY OR FAILURE OF DELIVERY ARISING OUT OF CAUSES BEYOND OUR REASONABLE CONTROL AND WITHOUT OUR FAULT OR NEGLIGENCE, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, ACTS OF CIVIL OR MILITARY AUTHORITY, FIRES, RIOTS, WARS, EMBARGOES, INTERNET DISRUPTIONS, HACKER ATTACKS, OR COMMUNICATIONS FAILURES.
Indemnification
1. You shall, and hereby agree to, indemnify and hold harmless, Bijan Tahmasebpour, BIJAN TRADES, BijanTrades Watchlist, Bijan T LLC, and its officers, directors, shareholders, owners, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorney fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of BIJAN TRADES, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.
Privacy and Personal Information
1. Bijan Trades shall have the right to use and disclose any information provided by you through the Site, or other products or services of Bijan Trades (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of Bijan Trades and Bijan T LLC. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.
Intellectual Property and Copyright
1. Our Sites, Websites, Content, Materials and their entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, and arrangement thereof) are owned by Bijan T LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. These Terms and Conditions grant you a limited, revocable “license” to use our Sites and Materials for your personal, educational and non-commercial use only. You must not reproduce, duplicate, attempt to duplicate, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download or export, store or save, or transmit any of the Sites, Content, Services, and or Materials. You must not access or use for any commercial purposes any of our Sites, Content, Services, Information, and or Materials. You may not scrape or otherwise copy any of our Content, Sites, and or Materials without our express written permission. You agree not to: (i) duplicate, decompile, reverse engineer, or disassemble any software or other products or services or processes accessible through any of our Sites, Content, and or Materials; (ii) insert any code or product or manipulate our Sites and Materials in any way; or (iii) use any intrusion, hacking, data mining, data gathering, or extraction method with respect to our Sites, Security, Content, Information, Assets, and or Materials.
Modifications and Discontinuation
1. Bijan Trades reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.
2. Bijan Trades may make changes to the Site, and the other products and services of Bijan Trades, at any time without notice. Bijan Trades does not, however, make any commitment to update the Site, and the other products and services of Bijan Trades.
3. Bijan Trades urges users to frequently revisit these terms for clarification purposes, as well as for purposes of keeping up with any updates or changes, even if no prior notice had been received.
4. We reserve the right at any time and from time to time, to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the Information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, editing, deletion, suspension, or discontinuance of this Site.
Governing Law
1. Any claim under these Terms and Conditions or otherwise related to the Site or Bijan Trades or BIJAN T LLC shall be governed by the laws of the State of California or State of Nevada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in San Bernardino County, California or Clark County, Nevada. You agree to submit to the personal jurisdiction of the courts located within San Bernardino County, California or Clark County, Nevada or another location of Bijan Trades’ choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Bijan Trades shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. 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 Bijan Trades or BIJAN T LLC, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
2. The Site, and the other products and services of Bijan Trades, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of Bijan Trades, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. Bijan Trades reserves the right to limit the availability of the Site, and any other products or services of Bijan Trades, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
Severability
1. If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
Entire Agreement
1. You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of Bijan Trades and Bijan T LLC, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.
Waivers
1. Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
2. YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. The parties are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and us over whether to vacate or enforce an arbitration award, or in any other litigation, action, or proceeding to which our arbitration agreement does not apply, you and we WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge or other arbitrator.
3. If you have any questions, comments, or concerns about our Sites and Materials, or any matters relating to our Sites and Materials, you agree to notify us in writing at contact@bijantrades.com. Most concerns may be quickly resolved in this manner. You and Bijan Trades agree to use commercially reasonable efforts in good faith to resolve any dispute, claim, question, or disagreement directly through this initial dispute resolution procedure. You and Bijan Trades and Bijan T LLC agree that good-faith participation in this initial dispute resolution procedure shall be a precondition to either party initiating a lawsuit or arbitration.
4. You and we agree that all disputes with Bijan Trades or Bijan T LLC arising from or in any way related to the content, sites, websites and or materials, or these terms and conditions, including the breach, termination, or validity thereof, regardless of the date of accrual of such dispute, shall be resolved exclusively through final and binding arbitration, and not by a court or jury. The arbitration process or arbitration team shall have the sole power to rule on any challenge to its own jurisdiction without any need to refer such matters first to a court, and all issues regarding the interpretation and application of this arbitration provision shall be decided solely by the arbitration process or arbitration team. These arbitration provisions also apply to claims against Bijan Tahmasebpour or Bijan Trades or Bijan T LLC employees, representatives, members, owners, officers, and affiliates if any such claim arises from or is related in any way to our sites and or materials, or these terms and conditions. The parties shall appoint an arbitrator by agreement or if they do not agree on the arbitrator to be appointed, by use of a “rank and strike” method using AAA’s roster of arbitrators.
5. In the event that any suit or action is instituted as a result of doing business with BijanTrades.com, Bijan T LLC, or any associated sites, and/or any affiliates or if any suit or action is necessary to enforce or interpret these Terms of Service, Bijan Trades and/or BIJAN T, LLC shall be entitled to recover attorney fees, costs and disbursements in addition to any other relief to which it may be entitled.
No Collective or Class Action
1. You and we each agree that any issues or arbitration shall be conducted in our respective individual capacities only and not as a class action or other legal or representative action, and you and we each expressly waive our respective right to file a class action or seek relief on a class or other representative basis. If any court or arbitrator determines that the class action waiver set forth on our sites or in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class or collective basis, then the arbitration provision set forth or mentioned on our sites shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Questions?
1. Questions about these Terms and Conditions should be addressed to contact@bijantradeswatchlist.com. Questions about billing should be addressed to support@bijantrades.com.
2. IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.