Terms of Service
Terms of Service
UpsideTrades is a research firm and does not provide individual investment advice to its subscribers. UpsideTrades is not an investment adviser or a registered securities broker/dealer.
The information we publish is based on our opinions plus our statistical, technical, and financial data and independent research. Although we make every effort to provide the most accurate and updated information possible, our information cannot take into consideration your personal finances and goals, and therefore is not intended to be used as customized recommendations to buy, hold, or sell securities, or to engage in any trading strategy, or that an investment strategy is suitable for any specific person. Such recommendations may only be made by a personal advisor or broker you select.
By accessing this site, you agree to be bound by the following terms of service:
Under no circumstances should any material in this site be construed as an offering of individual or investment advice. The reader should consult with his/her professional investment advisor regarding their investments.
1.1 You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Your use of the Service indicates that you are bound by this agreement with us. If you do not agree with any of these terms and conditions, discontinue use of the Service.
Unless you have been specifically permitted to do so, you agree that you will not reproduce, duplicate, copy, sell, trade or resell our services for any purpose.
You agree and understand that you are responsible for maintaining the confidentiality of usernames and passwords associated with your account you use to access our service. Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify us immediately.
The copyright in all material on this site is held or used with permission by us. The contents of this site are provided for informational purposes only and may not, in any form or by any means, be copied or reproduced, summarized, distributed, modified, transmitted, revised or commercially exploited without our prior written permission.
You understand that all information within our service may be protected by intellectual property rights which are owned by us. You may not use, copy, modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part).
You understand that by using our service you may be exposed to content that may contain errors or omissions and that, in this respect, you use the Services at your own risk.
1.2 Links to other Internet sites (hypertext links) are included as a convenience to you. When you access a linked site, you are accessing an independent site over which we have no control. The presence of hypertext links on our website does not mean that we endorse or accept any responsibility for the content or presentation of linked sites.
1.3 Nothing in these Terms gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
2. Registration, Refunds, Cancellation, Fees and Payments
2.1 As part of the registration process, you will be required to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to distribute, transfer or resell you use of or access to the Service to any third-party. Doing so WILL result in suspension of your account and no refunds will be issued for such violations.
2.2 When you become a paid member (“subscriber, member”) of our service, you will be bound by the payment terms set forth herein.
2.3 Except as set forth herein or as described by offers we make from time to time, access to the entire service requires payment. Rates vary. If you subscribe, you must provide accurate, complete and updated subscriber information. You acknowledge that you will pay UpsideTrades all such fees, charges, and applicable taxes for the service where enrollment in our service has been made using your credit card or other means, whether made by you personally or by someone else in your household or organization on your behalf.
2.4 You further acknowledge that your obligation to pay UpsideTrades all such fees, charges, and applicable taxes for our service does not depend on usage of our service, and that you remain obligated to pay UpsideTrades for the service regardless of whether the service is used or not. Unless you enroll as part of a free trial, your obligation to pay for the service begins on the date of your enrollment in the Service, not the date of your first use of our service. If made available, free trial or free access periods to use the service also begin on the date of your enrollment in the free trial for the service, and not the date of your first use of it.
Weekly Auto-Pay Membership: You understand that all weekly memberships are for a term of one week (rolling period). UpsideTrades automatically collects payment each week of your recurring membership and automatically renews your membership.
Monthly Auto-Pay Membership: You understand that all monthly memberships are for a term of one month (rolling period). UpsideTrades automatically collects payment each month of your recurring membership and automatically renews your membership.
The price you pay for our service is stipulated at the time you enroll in such service and is valid for the period for which you enrolled in the service. UpsideTrades reserves the right to change the price paid for a subscription after you signed up. Of course, users will be notified if such price increase would ever occur.
2.5 Money-back Guarantee & Refunds: UpsideTrades does not apply a refund on the recurring membership because the payments are so low (on a monthly basis: $99 USD). We employ this “tire kicker fee” policy instead of a 100% refund policy because unfortunately, some people out there will buy a membership, access our proprietary, extremely valuable research that costs us a lot time and money to produce, get all of our best ideas, and then ask for a refund… all the while they’ve taken full advantage of the information our subscribers pay good money to receive.
2.6 You may cancel any subscription for our service at any time during its term. However, UpsideTrades does not prorate any fees, charges, or applicable taxes associated with our service upon any termination or cancellation and does not refund any such amounts for any term already charged. When you cancel your Upside Trades subscription, your access to your Upside Trade account and access to the trade alerts ends immediately after you cancel the service. There are no pro-rated refunds. Your account will be closed and you will no longer receive access to the trade alerts, effective on the same day that you cancel your subscription.
UpsideTrades will reasonably attempt to return a cancellation confirmation to your email address on file. You should retain this confirmation as a record of your cancellation. If you DO NOT receive confirmation, it is possible something went wrong and we never received it. It is your responsibility to make sure we have received your request. You may contact us via email (help@UpsideTrades.com). We are not responsible for requests that go unanswered as we likely never received them.
2.7 Automatic Renewal: Subscriptions are for a monthly subscription term (see options as explained in paragraph 2.4). Your subscription will automatically renew at the end of each subscription term for another term (week, month). You agree that we may automatically renew your subscription and charge your account on the same day one week / month after subscribing, and every subsequent period after, (the “Renewal Date”), unless you cancel your subscription before the Renewal Date. UpsideTrades will automatically renew your subscription each year on the Renewal Date until you cancel your subscription or UpsideTrades no longer offers the subscription service. This means your subscription will automatically renew every week / month. Your credit card or other form of payment will be automatically charged or debited unless you have cancelled your account. YOU MUST CANCEL PRIOR TO YOUR SUBSCRIPTION RENEWAL TO AVOID CONTINUED CHARGES. You can cancel this automatic renewal plan at any time during your membership.
2.8 Manage Your Subscription: You can manage your subscription at any time. Simply log into the Members Only section of UpsideTrades.com and click on the ‘Manage Account’ link in the navigation.
2.9 Multiple accounts are prohibited. If we find you have multiple accounts, we will cancel your membership without warning and no refunds will be given. You may be banned from our site. Registering with new account or using multiple email addressed to avoid paying service fees is prohibited. If you have been a subscriber in the past you should use your existing account to renew. If you do not recall your login details, please contact help@UpsideTrades.com or use the “forgot Password” link at our login page.
3. Disclaimer of Warranties & Limitation of Liability
3.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER UPSIDETRADES NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
3.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL UPSIDETRADES (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT UPSIDETRADES (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF UPSIDETRADES (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS)) TO YOU EXCEED THE AMOUNT PAID BY YOU TO UPSIDETRADES DURING THE SEVEN (7) DAY PERIOD PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
Information contained herein has been obtained from sources believed to be reliable, but there is no guarantee as to completeness or accuracy. Because individual investment objectives vary, this Summary should not be construed as advice to meet the particular needs of the reader. Any opinions expressed herein are statements of our judgment as of this date and are subject to change without notice. Any action taken as a result of reading this independent market research is solely the responsibility of the reader.
UpsideTrades is not and does not profess to be a professional investment advisor, and strongly encourages all readers to consult with their own personal financial advisors, attorneys, and accountants before making any investment decision. UpsideTrades and/or independent consultants or members of their families may have a position in the securities mentioned. Investing and speculation are inherently risky and should not be undertaken without professional advice. By your act of reading this independent market research letter, you fully and explicitly agree that UpsideTrades will not be held liable or responsible for any decisions you make regarding any information discussed herein.