Please read these Terms and Conditions (“Terms”) carefully before accessing or using our website simplertrading.com (the “Site”) and any other applications, content, products, and services (collectively, the “Services”) made available by Landshark Capital II LLC or its representatives, affiliates, officers, and directors (collectively, “Landshark Capital,” “we”, or “us”). By accessing, using, or purchasing through the Services, you agree to be bound by all Terms, including any additional terms and policies posted on the Site. If you do not agree to these Terms, then you may not access or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
General Terms
By accessing, using, or purchasing through the Services, you acknowledge that you are (i) at least 18 years of age (or the minimum age in your jurisdiction for entering into a binding contract) and (ii) capable of entering into a legally binding agreement.
All supplemental terms and rules issued by Landshark Capital that apply to the use of the Site, including the Privacy Policy and additional disclaimers, form an integral part of these Terms, and are incorporated herein by this reference.
You understand and agree that the Site is provided by Landshark Capital and may be terminated or otherwise discontinued by Landshark Capital at its discretion.
By accepting these Terms, you agree that you will not:
Monitor, harvest, collect or attempt to obtain passwords or other account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
Impersonate another person, attempt to mislead others by indicating that you represent the Landshark Capital, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Landshark Capital;
Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized by these Terms;
Outside the Site, sell, advertise or post information granted to you through the Site by setting up an account and paying your membership fee;
Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Landshark Capital’s systems or networks, or any systems or networks connected to the Site or Landshark Capital.
No Recommendations or Advice Provided
Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how the Landshark Capital and its representatives apply this information to the financial markets. Landshark Capital is not a financial advisor, securities broker-dealer or registered analyst. No information contained on the Site is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.
By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Landshark Capital 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. You are responsible for conducting your own investment research and decisions. Landshark Capital in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
Landshark Capital, its employees and its traders will NEVER manage or offer to manage a customer or individual’s binary options, options, stocks, cryptocurrencies, currencies, futures, forex or any financial markets or securities account. If someone claiming to represent or be associated with Landshark Capital solicits you for money or offers to manage your trading account, do not provide any personal information and contact us immediately.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Futures, options and stock 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, options or stock 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, options or stocks. 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 necessarily indicative of future results.
You should view our additional disclaimers before continuing to use the Site. By accessing the Site, you acknowledge and agree to the disclaimers.
No Warranty
Landshark Capital provides the Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that Landshark Capital will have adequate capacity for the Services as a whole or in any specific geographical location.
We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable. You agree that from time to time we may remove the Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Landshark Capital disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site with which it is linked. Landshark Capital does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with a Landshark Capital representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify this disclaimer and, by incorporation, the Terms. The Terms apply to any information provided to you through such sources.
Landshark Capital does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
In no case shall Landshark Capital, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF USE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW.
Memberships
The Site contains both free content and paid content. One way paid content is offered is in the form of memberships (“Membership”), which requires payment of an annual, semi-annual, quarterly or monthly fee (“Membership Fee”). By subscribing to a Membership, you agree to the following (“Membership Rules”):
You will not share your username and/or password with any other party.
You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site.
You will not advertise, solicit members, trade goods or services or otherwise use or attempt to use the forum or live trading rooms for commercial purposes. Bulk-email, junk mail or spam, chain letters, private messages or repeat postings of the same message is not permitted in the forum or live trading rooms. Soliciting of members is strictly prohibited and will result in immediate termination of your Membership, without refund.
You will use your own name or username when posting to the discussion forum and trading rooms and will not impersonate or attempt to impersonate any other person(s) or entity.
You will treat other subscribers with courtesy and respect when posting messages to the discussion group. This includes, but is not limited to, refraining from vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language that is targeted at harassing, abusing or threatening other subscribers in the discussion forum and trading rooms. Landshark Capital has the right to remove any messages or posts it deems, in its sole discretion, to be abusive, derogatory, inappropriate or adverse to the policies defined in these Terms.
By posting content on the Site or its affiliated websites, you permit Landshark Capital to display and distribute the content and use it for advertising and promotion. You grant Landshark Capital the complete, perpetual, non-exclusive right to use, modify, adapt, translate, distribute, sub-license or in any way use the content in whole or part, throughout the world, on a royalty-free basis.
Failure to abide by these Membership Rules can result in you being banned from the forum or trading rooms, your account being suspended or terminated completely, and even civil or criminal liability. Landshark Capital, at its discretion, may terminate your Membership for any reason or no reason. If Landshark Capital terminates your Membership, it will provide notice to you through the email address associated with your account.
Memberships may be canceled at any time by either party. If you wish to cancel, you may in one of the following ways:
Cancel or pause your subscription from within your dashboard.
You can also email us at hi@landsharkcapital.com
There are no per-rata refunds on the remainder of the monthly, quarterly or annual subscriptions, and no refunds or credits for partial monthly subscriptions
Refund Policy
For Members who decide to cancel their Membership pursuant to the cancellation policy defined in the Membership section, the following refund policies apply:
Monthly, Quarterly, Semi-Annual and Annual Memberships
Due to the real-time nature of our products, there are no refunds or credits of Membership Fees for partial subscriptions. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the Membership would then become inactive and the account canceled.
Coupons
Coupons are offered at the discretion of Landshark Capital and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased a Seminar, Software, Membership or Trial. It is within Landshark Capital’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.
Modifications to Terms
You understand that the Site is an evolving one. Landshark Capital may require that you accept updates to the Site. Landshark Capital reserves the right, at our sole discretion, to change, modify, add or remove portions of the Terms, at any time, for any reason, with or without notice to you, or to do any of the following:
- Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
- Change any fees or charges that may be related to your use of the Service;
- Change the equipment, hardware or software required to access the Service;
- Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.
Unless otherwise stated, any changes to the Terms will be effective immediately upon notice, which Landshark Capital may provide by any means, including, without limitation, by electronic communication. It is your responsibility to review these Terms periodically for changes. Your continued use of the Services following the posting or other provision of any updated Terms will constitute your acceptance of such updated Terms and those updated Terms will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms in effect at the time of your use.
Privacy and Communications
Your privacy is very important to us. Our Privacy Policy explains how we collect, store, share, or otherwise use any personal information you provide through the Services. We encourage you to read the Privacy Policy and to use it to help you make informed decisions. By agreeing to the Terms, you are also agreeing to the terms and conditions of the Privacy Policy, the terms of which govern your use and access of the Site.
You consent to allow electronic communications from the Landshark Capital, including any information or notices that the Landshark Capital may be required by law to send to you or that may pertain to the Terms or your access or use of the Site. We may provide such communications to you: (1) via e-mail at the e-mail address you designated to us; (2) via “push notifications” to your mobile device; (3) by access to the Site that will generally be designated in advance for such purpose or designated in an e-mail notice to you; (4) any messaging or chat application for computer or mobile device of your choosing; or (5) in the course of your use of the Site.
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages), where data rates may apply, from the Landshark Capital, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by the Landshark Capital, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to the Landshark Capital, any products or services offered by the Landshark Capital, these Terms, or the Site, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree that we may contact you in any way, including SMS messages (including text messages), where data rates may apply, calls using pre recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text message. You consent to receive SMS messages (including text messages), where data rates may apply, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry and data rates may apply. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes.
Intellectual Property
All content offered by Landshark Capital on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Landshark Capital, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Landshark Capital expressly permits in these Terms. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.
CAN-SPAM Compliant
Landshark Capital is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from Landshark Capital. If you have any issues unsubscribing from our emails, please contact hi@landsharkcapital.com
Indemnification
You agree to indemnify, defend and hold Landshark Capital, its subsidiaries, affiliates, officers and employees harmless from any claims, losses, damages, costs, and expenses, including reasonable attorneys’ and experts’ fees and costs, arising from or related to your use or misuse of the Services, including information made available to you through this Site or the breach of these Terms. In addition, you agree to indemnify, defend and hold Landshark Capital, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents. You also agree to cooperate fully as reasonably required in the defense of any claim.
Limitation of Liability
You expressly understand and agree that, to the full extent permitted by applicable law, Landshark Capital is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Landshark Capital or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Landshark Capital. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis. Landshark Capital shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Landshark Capital, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Landshark Capital’s control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Your sole remedy for dissatisfaction with the Service or information on the Site or provided in the Service is to stop using the Service.
In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Landshark Capital to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Landshark Capital up to and including the time of the incurrence of such liability, if any, to access the Service. You agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
Termination and Survival
Any obligations which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms, including but not limited to those addressing privacy and content ownership, shall survive and remain in effect after such event. Furthermore, the following sections of these Terms shall survive any termination or discontinuance of the Service or your access to it: Intellectual Property, Indemnification, Limitation of Liability, Privacy (and the Privacy Policy).
If you wish to terminate your Membership, you may do so from within your dashboard. You can also email hi@landsharkcapital.com
Upon our acceptance of your request, your account will be deleted (except for that information that we are required to keep in compliance of any applicable laws).
Governing Law
Landshark Capital administers and operates the Site from San Juan, Puerto Rico. The Federal Arbitration Act, applicable federal law, and the laws of Puerto Rico without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Landshark Capital.
Entire Agreement
These Terms (including all agreements and policies referenced herein) constitute the entire agreement between you and Landshark Capital with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and Landshark Capital with respect to such use are hereby superseded and canceled. Landshark Capital will not accept any counter offers to these Terms, and all such offers are hereby categorically rejected. Your use of the Service is not intended and shall not be deemed to create any agency, joint venture, or other legal relationship of any kind between you and Landshark Capital other than that of independent contractors. These Terms may not be assigned by you.
Landshark Capital’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Landshark Capital of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Landshark Capital and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of these Terms, or portion thereof, is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of these Terms will remain in full force and effect. Notwithstanding the foregoing, if any provision of these Terms, or portion thereof, which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from these Terms.
954 Avenida Ponce De Leon Suite 205 – PMD #10274
San Juan, FL 00907 United States