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Terms of Use

1. Acceptance of these Terms

By accessing or using any of the Services described in section 2, you agree to be bound by these Terms of Use and by our Disclaimer & Risk Disclosure and Privacy Policy, each of which is incorporated into these Terms by reference.

If you do not agree to these Terms, do not access or use the Services.

2. Who these Terms cover

These Terms govern your access to and use of:

(together, the “Services”). “We”, “us” and “our” mean The Trading Circle. “You” means anyone who accesses or uses the Services, whether or not you register, join, or create an account.

3. Eligibility and age

You must be at least 18 years old and legally able to enter into a binding contract to use the Services. By using the Services you represent that you meet these requirements.

The Services are not directed to children. We do not knowingly collect personal information from anyone under 13. See our Privacy Policy.

4. Not advice; no professional relationship

The Services provide general education and discussion only. Nothing in the Services is financial, investment, legal, tax, or retirement advice, and nothing is a recommendation to buy, sell, or hold anything.

We are not registered with the SEC, CFTC, NFA, FINRA, or any state securities regulator in any advisory or brokerage capacity. No advisory, fiduciary, broker, agency, employment, partnership, or professional relationship is created between you and us by your use of the Services.

Full detail is in our Disclaimer & Risk Disclosure, which you should read.

5. Licence to use the Services

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own personal, non-commercial educational use.

All content on the Services — text, layout, design, graphics, logos, and compilations — is owned by us or our licensors and protected by intellectual property law. You may not copy, republish, scrape, sell, redistribute, or create derivative works from the Services without our prior written permission, except that you may quote short excerpts with attribution and a link.

6. Content you submit

If you post, submit, or share any message, chart, screenshot, comment, or other content through the Services (“Your Content”), you retain ownership of it, and you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable licence to store, use, reproduce, adapt, quote, republish, and display Your Content in connection with operating and promoting the Services and in educational material, in any medium or format, without compensation to you.

By submitting Your Content you represent and warrant that:

We are not obliged to store or return Your Content, and we may remove it at any time.

7. Acceptable use

You agree not to:

8. No solicitation of members

Unless we give you explicit written authorisation, you may not use the Services to solicit members, collect or scrape member data, advertise products, services, or business opportunities, or send members unsolicited direct messages for marketing or business purposes. Violation may result in immediate removal.

9. Moderation and termination

We may moderate, edit, remove, restrict, suspend, or terminate any content, account, or member’s access at any time, with or without notice or explanation, to the fullest extent permitted by applicable law. We may also modify or discontinue any part of the Services.

Sections 6 and 11 through 15 survive any termination.

10. Third-party links and services

The Services link to third-party websites, tools, data sources and platforms. We do not control or endorse them and are not responsible for their content, products, services, availability, or practices. Your dealings with any third party are solely between you and that third party, and are subject to their terms and privacy policies.

This education site does not contain affiliate links. Other Trading Circle properties do, and where they appear they are disclosed on the page.

11. Disclaimers and no warranties

The Services and all content are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, profitability, or uninterrupted availability.

We do not warrant that the Services will be error-free, secure, or continuously available, or that any information will be accurate, complete, or current.

12. Limitation of liability and indemnity

To the fullest extent permitted by applicable law, in no event shall The Trading Circle or its owners, administrators, moderators, contributors, or automated systems be liable for any loss of capital, trading or investment losses, lost profits, lost opportunities, loss of data, business interruption, or any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Services, regardless of the legal theory and even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total aggregate liability to you for all claims relating to the Services shall not exceed the greater of (a) the total amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

You agree to indemnify and hold harmless The Trading Circle and its owners, administrators, moderators, and contributors from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising from your use of the Services, Your Content, your violation of these Terms, or your violation of any law or third-party right.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you.

13. Disputes, arbitration and class action waiver

13.1 Informal resolution first

Before starting any formal proceeding, you agree to contact us and attempt to resolve the dispute informally for at least 30 days. Most concerns can be resolved this way.

13.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to the Services or these Terms that is not resolved informally shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, with proceedings conducted in Brunswick, Maine (or remotely, at your election where the AAA rules permit).

Each party is responsible for its own legal fees, and arbitration costs are shared as provided by the AAA Consumer Arbitration Rules or otherwise required by law. The arbitrator may award any relief available in court, limited to individual relief.

13.3 Exceptions

Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property rights. Nothing in these Terms prevents you from reporting a concern to, or participating in a proceeding brought by, any government agency or regulator.

13.4 Class action waiver

13.5 Time limit for claims

To the fullest extent permitted by applicable law, any claim or dispute relating to the Services or these Terms must be brought within one (1) year of the event giving rise to it. After that period, the claim is permanently barred. Where applicable law does not permit this shortening, the shortest period permitted by law applies instead.

14. Governing law and venue

These Terms and any dispute arising from them are governed by the laws of the State of Maine, without regard to its conflict of law provisions. Subject to section 13, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Maine.

15. General terms

Changes. We may update these Terms at any time. Material changes will be posted here with a new effective date and announced on the Services. Your continued use after a change means you accept the updated Terms. If you do not agree, stop using the Services.

Severability. If any provision is found invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be, and the remaining provisions remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of it.

Entire agreement. These Terms, together with the Disclaimer and Privacy Policy, are the entire agreement between you and us regarding the Services.

Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.

16. Contact

Questions about these Terms: use our contact form.