Terms and Conditions for VanTharp.com
WARNING: THIS AGREEMENT CONTAINS IMPORTANT TERMS, CONDITIONS AND DISCLOSURES THAT GOVERN YOUR USE of WWW.VANTHARP.COM or WWW.IITM.com. PLEASE READ IT CAREFULLY.
WARNING: THIS AGREEMENT CONTAINS IMPORTANT TERMS, CONDITIONS AND DISCLOSURES THAT GOVERN YOUR USE OF WWW.VANTHARP.COM. PLEASE READ IT CAREFULLY.
Welcome to www.vantharp.com. Your use of this Website constitutes your agreement to be bound by, and to act in accordance with, these Terms and Conditions. This Website is provided for informational purposes only. Please feel free to browse the Website and its various features, but be aware that your use of the Website is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree with these Terms and Conditions, please do not use this Website or our affiliated sites.
This Website belongs to IITM, Inc. (“IITM” “Website,” “we,” “us” or “our”). Accordingly, we may, in our sole discretion and at any time, update, change or discontinue this Website or any specific portion of its Website (including, as set forth below, these Terms and Conditions) without notice. As such, please visit this area each time you visit the Website to keep up to date with the current terms regarding your use of the Website. Your use of the Website reaffirms your continuing agreement to the then current Terms and Conditions.
Trademarks and Copyrights
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Website (the “Service”), are copyrights, trademarks, trade dress, service marks and/or other intellectual properties owned, controlled or licensed by us. Your use of the trademarks, service marks and trade names on this Website in any manner other than as authorized in this Terms and Conditions, or as otherwise authorized in writing by us, is strictly prohibited. Unless you have obtained our prior written permission, you and any other users and Websites, may not include IITM, or any IITM trademark, (including, but not limited to: VAN THARP INSTITUTE, IITM, POSITION SIZING, SYSTEM QUALITY NUMBER and SQN, any IITM executive’s name, voice or likeness (including, but not limited to Van Tharp), or any variation of any of the foregoing, as a meta-tag, hidden textual element or any other indicator that may create an impression of affiliation, sponsorship or endorsement between any user and/or Website and us, our affiliates, or Mr. Van Tharp.
License / Use of Materials
THE CONTENT AND SERVICES MADE AVAILABLE TO YOU FROM THE WEBSITE ARE LICENSED TO YOU, NOT SOLD TO YOU. NO CONTENT FROM THIS SITE MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. NOTWITHSTANDING, YOU MAY VIEW THE MATERIALS ON ANY COMPUTER OR MOBILE HANDHELD DEVICE FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED. ANY MODIFICATIONS OF THE CONTENT OR USE OF THE CONTENT OR MATERIALS FOR ANY OTHER PURPOSE THEN IS SET FORTH ABOVE IS A VIOLATION OF OUR COPYRIGHT AND OTHER PROPRIETARY RIGHTS. THE USE OF SUCH MATERIAL ON ANY OTHER WEBSITE OR COMPUTER NETWORK WITHOUT OUR WRITTEN CONSENT IS STRICTLY PROHIBITED. YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. WE RESERVE THE RIGHT TO INVESTIGATE SUSPECTED VIOLATIONS OF THESE TERMS AND CONDITIONS OR TERMS OF SERVICE. WE ARE ENTITLED TO MONITOR YOUR USAGE, AND, AT OUR DISCRETION, REQUIRE YOU TO CHANGE YOURREGISTRATION CODE. IF YOU BELIEVE YOUR REGISTRATION CODE HAS BEEN USED IN CONTRAVENTION OF THESE TERMS AND CONDITIONS, WE ARE ENTITLED, AT OUR SOLE DISCRETION, TO REQUIRE YOU TO CHANGE YOUR REGISTRATION CODE, AND/OR TERMINATE YOUR ACCOUNT.
Registration and Account Creation
As part of the registration and account creation process necessary to obtain access to certain portions of the Website or our Service, including those portions that require a fee or payment for access, you will provide us, or our affiliates, with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) provide an email address already used by another person; (ii) use an email address in which another person has rights without such person’s authorization; or (iii) use an email address that we, or our affiliates, in their sole discretion, deems offensive or inappropriate. We reserve the right to deny creation of your account based on our inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your registration code. You shall immediately notify us by email, with a hard copy sent by US Mail, of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your registration code or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your registration code. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Service. IITM reserves the right to terminate your account, in its sole discretion, at any time without notice. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, IITM reserves the right to pursue any and all claims against any user of your account.
ANY PASSWORD OR REGISTRATION CODE YOU RECEIVE FROM US IS FOR YOUR OWN, SINGLE PERSON, NONCOMMERCIAL USE IN ACCORDANCE WITH THE TERMS AND CONDITIONS, AND IS NOT TRANFERABLE
Billings & Subscriptions
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. Certain IITM products or services may allow you to purchase content on a subscription basis (“Paid Subscriptions”). Paid Subscriptions are non-refundable. If you decide to purchase a Paid Subscription prior to the end of any free trial period, your Paid Subscription will start immediately. Also see additional information about the Paid Subscription offer at the point of sale.
All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, replacement disc or other consideration to some or all of our site visitors, email subscribers or customers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Other Restrictions / Cancellations
You will not access data not intended to be accessed by Users of the site or attempt to probe, scan or test the vulnerability of our site or attempt to interfere with any service available on this Website, change postings of others on this Website, take other actions which impose an unreasonable or disproportionate load on this Website, send unsolicited email, including promotions and/or advertising of products or services, to addresses obtained from this Website, forge any email address, newsgroup, name or account credentials in connection with this Website and/or use a password, name or identification which is not your own in accessing this Website.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used on this Website. We reserve the right to cancel your right and/or ability to access this Website or any portions of this Website at any time without notice or cause, unless otherwise expressly indicated in writing by us. If you become aware that any person is violating any of the terms and conditions of this Website, please notify us immediately.
WE ARE NOT AN INVESTMENT ADVISORY SERVICE, NOR A REGISTERED INVESTMENT ADVISOR OR BROKER-DEALER, AND DO NOT PURPORT TO TELL OR SUGGEST WHICH SECURITIES OR CURRENCIES CUSTOMERS SHOULD BUY OR SELL FOR THEMSELVES. IITM, THE AUTHORS, AND OUR AFFILIATES ASSUME NO RESPONSIBILITY OR LIABILITY FOR YOUR TRADING AND INVESTMENT RESULTS. FACTUAL STATEMENTS ON THIS WEBSITE, OR IN ITS PUBLICATIONS, ARE MADE AS OF THE DATE STATED AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. IT SHOULD NOT BE ASSUMED THAT THE METHODS, TECHNIQUES, OR INDICATORS PRESENTED HERE, AND IN OUR PRODUCTS AND PUBLICATIONS WILL BE PROFITABLE, OR THAT THEY WILL NOT RESULT IN LOSSES. PAST RESULTS OF ANY INDIVIDUAL TRADER OR TRADING SYSTEM OR POSITION SIZING STRATEGY PUBLISHED BY US ARE NOT INDICATIVE OF FUTURE RETURNS BY THAT TRADER OR SYSTEM, AND ARE NOT INDICATIVE OF FUTURE RETURNS WHICH BE REALIZED BY YOU. IN ADDITION, THE SYSTEMS, STRATEGIES, COLUMNS, ARTICLES, NEWSLETTERS AND ALL OTHER FEATURES OF OUR CONTENT ARE PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, WE, OUR SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY: (A) INACCURACIES OR ERRORS IN OR OMISSIONS INCLUDING, BUT NOT LIMITED TO, QUOTES AND FINANCIAL DATA; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN DELIVERY OF COURSE MATERIAL OR OTHER INFORMATION; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE.
Applicable Law and Venue
Unless otherwise specified, the materials in this Website are presented solely for promoting publications and services available in the United States, its territories and possessions. This Website is controlled and operated by IITM from its offices in the State of North Carolina, United States of America. We make no representation that materials on the Website, or made available through the Website, are appropriate or available for use in other locations. Those who choose to access any this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Any action, suit or proceeding involving the use of this Website, the information contained in this Website, or this Agreement shall be governed in all respects by the laws of the State of North Carolina, without regard to conflict of law provisions. You agree that any claim or dispute you may have against IITM must be resolved exclusively by a state or federal court located in Raleigh, N.C., except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Raleigh, N.C. for the purpose of litigating all such claims or disputes.
Arbitration Option – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $7,500, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
In such action, suit or proceeding, whether commenced in State or Federal court or in arbitration, if IITM prevails, IITM shall be entitled to also recover its legal fees and other costs.
We, and our affiliates, may, from time to time, offer content from third party providers on the Website. This content may include financial market data, quotes, news, analyst opinions and research reports (the “Content”). We do not endorse or approve such content, and we make it available to you only as an educational service and convenience. We and our third party providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Content or warrant any results from your use or reliance on the Content. The Content may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither us nor the third party providers are obligated to update any information or opinions contained in any of the Content. We may discontinue offering any Content on the Website at any time without notice. You agree that neither IITM, or its affiliates, nor the third party providers will be liable to you in any way for the termination, interruption, delay or inaccuracy of any of the Content on the Website. You will not redistribute or facilitate the redistribution of any Content, nor will you provide access to the Content to anyone who is not authorized by us to receive the Content. The Content on this Website, or any content made available through this Website are provided “as is” and without warranties of any kind, express or implied.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (I) THE OPERATION OF THE WEBSITE WILL MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECT AND ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. You (and not us) assume the entire cost of all services, repairs, or corrections that may be necessary for your computer equipment and software as a result of viruses, errors or any other problems whatsoever you may have as a result of visiting this Website.
UNDER NO CIRCUMSTANCE SHALL IITM, OR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY MATERIAL IN THIS WEBSITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEBSITE OR INFORMATION AVAILABLE ON THE WEBSITE.
You agree to indemnify us and hold us, and our employees, subcontractors and suppliers, (we and all indemnified parties being referred to herein as the “Indemnified Parties”) harmless from any and all losses, including, but not limited to, attorney’s fees, that any one or more of the Indemnified Parties may incur as a result of your violation of any of the terms and conditions of this Agreement. You further agree to indemnify and hold each of the Indemnified Parties harmless from any and all losses, including, but not limited to, attorney fees, that any one or more of the Indemnified Parties may incur as a result of any claims by you against any one or more of the Indemnified Parties even if such claim is based on the negligence of any one or more of the Indemnified Parties.
For your convenience and enjoyment, this Website may provide links to other websites that are not operated by us or our affiliates. You acknowledge that such other sites or locations are not under our control and agree that we shall not be responsible for any information or other hyperlinks found at any such website or Internet location or source of information or for your use of such information. We provide such links only as a convenience to you and has not tested any software or verified any information found at such sites. The fact that we have provided a link to another site does not signify an endorsement of the site or its contents by us. There are inherent risks in the use of any software or information found on the Internet and you acknowledge that you understand these risks before making any use of the Website and the Internet.
Using the E-mail addresses collected at the Web site, we periodically send promotional E-mail to its visitors about services we offer. If you want to be removed from our database, please e-mail [email protected] with instructions to do so.
Our Online Courses
We are an educational publisher, not an accredited program or institution, and the course material, instruction and related information and publications provided by us, or any of our subsidiary or affiliated sites, is for informational purposes only. By accessing this information you acknowledge, and agree that we in no way shall be considered as conforming to any educational standards or qualifications prescribed by any private or governmental entity.
If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions represent the entire agreement between us and the user relating to the subject matter herein.
No failure on our part to enforce any part of these Terms and Conditions shall constitute a waiver of any of IITM’s rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by IITM nor the reliance of any person on IITM’s actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of IITM shall have any legal effect whatsoever.
These Terms and Conditions are in addition to, and do not override or otherwise modify or supersede, the terms and conditions that apply to the products or services offered by this Website and other companies through this Site.
If we have not specifically granted you a right under these Terms and Conditions, that right is reserved to us.
Information We Collect
Your privacy is important to us. Any information that you divulge to us is kept in strict confidence. We do not collect or store personally identifiable information on you at our Website or elsewhere, unless, of course, you voluntarily provide that information to us. When you place an order, open an account, sign up for services or newsletters, communicate with the Website owner or customer service, or send us an email, you provide us with information we may collect. Such information may include your name, address, email, phone number, credit card information, subscriptions and form downloads. We treat all information you provide as confidential.
Use and Disclosure of Information We Collect
For questions regarding your privacy and IITM’s policies regarding same, or to be removed from any IITM mailing list, please email [email protected]
Notification of Changes
The European Union General Data Protection Regulation (GDPR) went into effect on May 25, 2018 and is designed to allow individuals to more effectively control their personal data. At The Van Tharp Institute (IITM, INC) , client information is private and confidential; we do not share, trade, or sell to anyone. We never have. You may ask us at any time to unsubscribe. We keep your information safe. If you’d like access to your information just ask. You receive this information from us because you opted into the Van Tharp newsletter either through direct registration or registration through our Tharp Trader Test.
Notices of Infringement
To the extent that you feel that any information on this site has been posted in a manner that constitutes copyright infringement, please provide the following information:
Pursuant to 17 U.S.C. § 512, all notifications of claimed copyright infringement on the ACC’s systems or Website should be sent to our Designated Agent. We have provided the following information for the exclusive purpose of notifying us that you allege an infringement of your copyright. Do not send other inquiries to this contact, as you will not receive a response to inquiries that are not related to copyright infringement.
Under federal law, you may be subject to severe civil penalties if you knowingly make a material misrepresentation that online material is infringing. These penalties include court costs and monetary damages, as well as attorneys’ fees. Such attorneys’ fees include those incurred by parties who are injured as a result of our relying on your misrepresentation, such as (a) a copyright owner, (b) a copyright owner’s licensee, or (c) us.
You must submit notice, in writing, to the following Designated Agent (DA):
Mr. Van Tharp
International Institute of Trading Mastery
102A Commonwealth Court
Cary, NC 27511
Pursuant to 17 U.S.C. § 512(c)(3)(A), your Notification of Claimed Infringement must include the following:
1. The electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
2. Identification of the copyrighted work (or works) that you claim has been infringed;
3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the web site where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
4. A clear description of where the infringing material is located on our web site, including its URL, so that Company can locate the material;
5. Your address, telephone number, and e-mail address
6. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
International Institute of Trading Mastery
102A Commonwealth Court
Cary, NC 27511
© Copyright 2011 IITM, Inc.
Updated: 11 May 2011