Terms of Use
These terms were last updated on May 29, 2024.
1. User's Acknowledgment and Acceptance of Terms
Trading Volatility ("Us" or "We") provides the Trading Volatility, Trading Volatility+, Trading Volatility Pro, Trading Volatility Stocks sites and various related services (collectively, the "site") to you, the "User", subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use").
By accessing this site, you agree to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not wish to be bound by these Terms of Use, you are prohibited from using or accessing this site. Your remedy for dissatisfaction with this site or any products, services, content, or other information available on this site is to stop using the site, products, and/or services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon your entry to this site.
As used in these Terms of Use, references to "Owners" include the site's owners, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.
NOTICE REGARDING FUTURE CHANGES TO TERMS: We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms of the Site. The "Last Updated" date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes. To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.
2. Description of Services
Trading Volatility performs automated data collection, reconciliation, consolidation, and storage of price data for stocks and options for the purpose of helping customers visualize data.
Use of this site is for informational and educational purposes only. Trading Volatility does not recommend that you buy, sell, or hold any security and does not offer investment advice, personalized or otherwise.
Trading Volatility provides digital subscription access to our data sets via a private website and through APIs. Data formats include data tables, dashboards, charts, and graphs for both current and historical data.
Our indicator and ratings data (also sometimes referred to within the site as "Daily Forecasts" and "AI Analyst" tools) take price data and related information for current market characteristics and places it in context of historical data points using mathematical functions that provide insight into what a specific stock or ETP may do based on the definitions for movement as defined within the relevant ETP prospectus and/or historical data.
The indicators and AI Analyst assessments are provided for reference only and should not be construed as a prediction of any sort.
We may make additional services available via other forms of electronic transmission, all of which are also covered by these Terms of Use.
We reserve the right to either modify or discontinue the site, including any of the site's features, at any time without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that are added to this site shall also be subject to these Terms of Use.
3. Use License
Permission is granted to the user to temporarily download one copy of the materials on Trading Volatility's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: a) modify, reproduce, duplicate, forward, redistribute, sell, or resell the materials; b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial); c) attempt to decompile or reverse engineer any software contained on Trading Volatility's website; d) remove any copyright or other proprietary notations from the materials; or e) transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Trading Volatility at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. Registration Data
In order to access some of the services on this site, you may be required sign in with a valid Google account. The owners of this website are not associated with Google. You understand that additional Terms of Service may apply to you for services provided by Google.
You agree to provide true, accurate, current, and complete information about yourself as prompted by the site's registration form. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).
Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
5. Intellectual Property Information
For purposes of these Terms of Use, "content" is defined as any information, data, and other material and services that can be viewed by users. By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by applicable copyright and trademark law and is the sole property of this site's Owners. We do not warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Trading Volatility or its Owners. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Trading Volatility or its Owners.
6. Disclaimer of Warranties
All materials and services provided by Trading Volatility are provided on an "as-is" basis without warranty of any kind. Past performance of strategies identified on this site is not indicative of future results using those strategies. Trading Volatility makes no representations concerning the likelihood of profitable trading using these strategies.
Trading of securities, options and futures may not be suitable for all individuals and involves the risk of losing part or all of your money. All Users are responsible for their own financial and investment decisions and should consult a qualified financial professional for advice specific to your financial situation prior to trading securities.
Although we strive to keep our site and its content up to date and accurate, we occasionally experience outages. We provide no guarantee or warranty on the availability or accuracy of data throughout this site. This site's owners will not be held responsible for any liabilities that may arise as a result of data reporting errors or outages. Paying subscribers may be compensated for down-time at the sole discretion of the site's Owners.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
7. Revisions and Errata
The materials appearing on Trading Volatility's web site could include technical, typographical, or photographic errors. We may make changes to the materials contained on the web site at any time without notice. Trading Volatility does not warrant that any of the materials on its web site are accurate, complete, or current. The content at this site may be out of date, and we make no commitment to update its materials or services.
8. Limitation of Liability
The Owners and operators of this site are not licensed investment advisers and they are not acting as an investment adviser to any users of this site. All content is provided solely for educational and informational purposes and should not be interpreted as advice to buy or sell any securities. All tools and information provided by the Owners of this site are made available to you for self-directed use. Visitors to this site should complete their own analysis prior to making investment decisions and are fully responsible for any investment decisions they make. Any purchase or sale of securities that you make based on information obtained from this site will be made at your own risk, and this site's Owners will not be liable for any losses that you may sustain.
Under no circumstances, including but not limited to negligence, shall Trading Volatility or its Owners be liable to you or any third party for any special, punitive, incidental, direct, indirect, exemplary, or consequential damages of any kind (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Trading Volatility's website or of any website referenced or linked to from this site, even if Trading Volatility or a Trading Volatility authorized representative has been notified orally or in writing of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall Trading Volatility's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to Trading Volatility, if any, for access to the site or associated services.
9. Indemnification
You agree to defend, indemnify, and hold us and our Owners harmless from all loss, liabilities, damages, claims, costs and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
10. Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
11. User Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not:
a. Restrict or inhibit any other person from using the Site.
b. Use the Site for any unlawful purpose.
c. Express or imply that any statements you make are endorsed by us, without our prior written consent.
d. Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company.
e. Harvest or collect information about Site users.
We may host message boards, blog feeds, social media feeds, and other forums found on the Site (collectively, Forums), and you may be able to submit suggestions, reviews, comments, ideas, audio and video recordings, photographs, artwork, or other materials to the Forums or other areas of the Site (User Content). By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, pyramid schemes, surveys, contests, investment opportunities, or any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, access, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
12. Unauthorized Use of Materials
Any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: info@tradingvolatility.net
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
13. International Use
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
14. Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law
Any claim relating to Trading Volatility's website shall be governed by the laws of the State of California without regard to its conflict of law provisions.
16. Miscellaneous
Any cause of action brought by you against us or our Owners must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
17. Site Terms of Use Modifications
These Terms of Use are effective as of January 1, 2013. We expressly reserve the right to change these Terms of Use without notice to you. You acknowledge and agree that it is your responsibility to review these Terms of Use every time you visit this site. Your continued use of this site will constitute agreement to be bound by the Terms of Use.
18. Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy:
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We will collect and use of personal information solely with the objective of privately and securely accessing our website and other compatible purposes. We will only retain personal information as long as necessary for the fulfillment of those purposes.
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We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
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Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
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We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
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Our Members' Forum utilizes your Google account to post and read messages. If you choose to post messages to the Forum your email address will be visible to all group members.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Please see our Privacy Policy for more information.
19. Social Media
All statements made via social media accounts sponsored or maintained by Trading Volatility are not intended as investment, tax, or legal advice or recommendations. All such statements are for informational purposes only and do not constitute a recommendations related to securities or investment products. Trading Volatility is not responsible for, and does not endorse, the content by other users or followers of the social media sites sponsored or maintained by Trading Volatility. Trading Volatility is also not responsible for the terms of use or privacy or security policies of any third-party social media sites, and you use such sites at your own risk.
Trading Volatility reserves all rights to block any user or follower who posts, tweets or retweets content that is deemed inappropriate or offensive or constitutes spam, a testimonial, advice, a recommendation, or advertisement for securities, products, or services, is promotional in nature, or otherwise violates regulatory guidelines. Trading Volatility also reserves all rights to block users or followers whose posts, tweets, or retweets contain offensive or inappropriate content or serve as promotional sites. Trading Volatility maintains full discretion in determining which users to block and what content is deemed inappropriate. Any opinions expressed by our users or followers are those of the persons submitting the comments and do not represent the views of Trading Volatility.
20. Contact Information
If you have any questions or concerns about these Terms of Use, please contact us at
jay@tradingvolatility.net
