Subscription Agreement
This subscription agreement (“Agreement”) is made by and between AlphaShark Trading (“AlphaShark Trading”) and you (“Subscriber”). Subscriber must accept this Agreement in its entirety as a condition to receiving the subscribed for Service (as defined below). As of the date you subscribe for and enroll in the Service, the parties agree as follows:
Agreement
- AlphaShark Trading agrees to provide a Service to Subscriber, for which Subscriber agrees to pay in accordance with the terms set forth in this Agreement. Subscriber acknowledges and accepts the risk disclaimers and the terms of use detailed in this Agreement, and as applicable to the AlphaShark Trading website and related services. Subscriber’s access to the Service will be granted upon AlphaShark Trading’s receipt of the subscription fee.
- The term “Service” means the Silver, Gold, or Platinum subscription service for which Subscriber has subscribed, as the case may be, and determined in accordance with the terms hereof. The Service includes all corresponding services, access, offers, or products that apply to that particular subscription type.
Terms of Use of our Websites and Technology
3. Subscriber agrees to pay the subscription fee for the Service, billed either at the listed price currently in effect or at a previously approved and agreed upon pricing. Subscriber is obligated to authorize monthly credit card payments or an AlphaShark Trading-approved alternative payment method for the Service. AlphaShark Trading reserves the right to suspend access to the Service in the event of Subscriber’s failure to authorize payment and will restore access once payment is authorized and received.
Information disseminated through the Service or contained in AlphaShark Trading’s website is intended solely for the convenience of its subscribers. While AlphaShark Trading strives for accuracy, it does not provide express or implied warranties or representations about the reliability, completeness, or accuracy of the information. However, AlphaShark Trading shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or inability to use any such information, provided such loss or damage is not due to the gross negligence or willful misconduct of AlphaShark Trading.
Non-Compete
4. Subscribers agree not to promote or endorse, directly or indirectly, any trading rooms or alert services to fellow members. Any such action may lead to immediate suspension of the Service and a restriction from purchasing future products. The terms “promote or endorse” include but are not limited to, distributing marketing materials, sending emails, or any other form of communication that can be reasonably interpreted as advertising or endorsing competing services.
Should Subscriber agree to assist AlphaShark Trading in any capacity (i.e., as an unpaid trading room moderator, in the production of educational materials, etc.), Subscriber agrees to not solicit or pursue other subscribers’ business for other trading rooms, newsletter services, or other trading-related products or services for a period of one (1) year following the termination of their assistance. In the event a moderator or Subscriber breaches this Agreement, they shall pay AlphaShark Trading an amount that fairly and reasonably corresponds to the actual damages suffered by AlphaShark Trading, as determined through negotiation or legal process, but in no case less than any damages resulting from the loss of economic opportunity. AlphaShark Trading reserves the right to investigate any alleged breach of this clause and to take appropriate action in response to any verified breach, in which case Subscriber shall use best efforts to comply with any requests made by Alpha Shark in connection with any such investigation or inquiry
Disclosures
5. AlphaShark Trading, its principals, officers, and employees are not registered as investment advisers or commodity trading advisors and do not function in such roles. The Service may generate trading alerts, but these should not be considered investment advice or a source of real-time data, quote feed or charting program.These alerts should not form the sole basis for investment decisions.
6. Performance data supplied or accessible through the Service can be presented as either historical data or real-time data. Historical data includes past trade information (such as quantity and price), current trade information (like expected profit or loss), and trade forecasts. Real-time data involves the trade information as it occurs daily. Please note that performance data may change unpredictably due to factors like updates to market data, system code alterations, changes in the minimum investment amount, variations in commissions, or slippage estimates. Subscriber acknowledges and agrees that Alpha Shark does not warrant or guarantee the accuracy or reliability of any such information and that use of the Service is solely at Subscriber’s own risk.
7. Investors’ gains or losses will differ based on several factors. These factors may include order entry timing, execution, market forces, the use of all trading alerts, trade duration, money management, and risk techniques. Subscriber acknowledges and agrees that Alpha Shark does not warrant or guarantee any result in connection with the use of the Service and that use of the Service is solely at Subscriber’s own risk.
8. In light of the fact that the Service may present hypothetical performance results, please be advised that:
PLEASE NOTE THAT THE SERVICE MAY PRESENT HYPOTHETICAL PERFORMANCE RESULTS WHICH INHERENTLY HAVE MANY LIMITATIONS. IMPORTANTLY, NO GUARANTEES ARE BEING MADE THAT ANY ACCOUNT WILL ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. HYPOTHETICAL PERFORMANCE RESULTS OFTEN DIFFER SHARPLY FROM ACTUAL RESULTS ACHIEVED BY A SPECIFIC TRADING PROGRAM. THIS IS BECAUSE HYPOTHETICAL RESULTS ARE GENERALLY PREPARED WITH HINDSIGHT, AND THEY DO NOT ACCOUNT FOR FINANCIAL RISKS INVOLVED IN ACTUAL TRADING. THE ABILITY TO ABSORB LOSSES OR TO ADHERE TO A SPECIFIC TRADING PROGRAM DESPITE THESE LOSSES CAN SIGNIFICANTLY IMPACT ACTUAL TRADING RESULTS. THERE ARE ADDITIONAL FACTORS RELATED TO MARKET CONDITIONS AND THE IMPLEMENTATION OF A SPECIFIC TRADING PROGRAM WHICH CAN ALSO NEGATIVELY AFFECT TRADING RESULTS.
9. Trading involves substantial risk of loss and may lead to a total loss of your funds. It is not suitable for everyone. As a Subscriber, you should carefully consider your financial condition before trading, and only trade with risk capital, i.e., money you can afford to lose. AlphaShark Trading does not provide personalized trading advice and has no financial interest in the outcome of any Subscriber’s trades. It is the Subscriber’s responsibility to assess their suitability to trade, and AlphaShark Trading accepts no liability for any losses incurred.
10. Past performance should not be taken as indicative of future trading results, and trading results can never be guaranteed. Day trading is high-risk and speculative. It requires careful consideration of your individual risk tolerance and financial circumstances and may not be suitable for all subscribers.
Third-Party Services and Links
11. In addition to providing Subscriber the Service and other AlphaShark Trading products, AlphaShark Trading may offer access to or contain links to third-party websites and services (collectively, “third-party services”) that are developed, owned, and operated by unaffiliated third-parties. These services may be utilized to research, buy, or sell financial products. AlphaShark Trading disclaims any responsibility for the content, services, and actions or omissions of such third-party services provided to or utilized by Subscriber. The inclusion of any link does not imply endorsement by AlphaShark Trading. Subscriber’s use or access of third-party services is solely at Subscriber’s own risk. Any reference to any third-party service by AlphaShark Trading does not constitute an express or implied endorsement by AlphaShark Trading.
12. AlphaShark Trading does not assume any responsibility for, or make any representations, guarantees, or warranties whatsoever, express or implied, as to the accuracy, suitability, profitability, reliability, or appropriateness of the contents of any third-party services. Subscriber agrees to hold AlphaShark Trading harmless and agrees that AlphaShark Trading shall not be liable for any issues that may arise from the use of such third-party services.
13. You acknowledge and agree that while access to third-party services is regulated by this Agreement, it may also be governed by additional terms, conditions, or agreements of such third-parties or other policies governing these third-party services. It remains your responsibility to familiarize yourself with and understand the terms, conditions, and policies of such third-party services before use. All questions and concerns related to these third-party services should be directed to the respective third-party service provider.
Trading Alerts Disclaimer
14. The Service is solely for educational and recreational purposes, and must not be construed as an offer or recommendation to buy or sell any financial product, including but not limited to futures, options on futures, equities, equity options or any other security. Subscriber agrees and acknowledges that AlphaShark Trading is not providing an advisory service or personal investment advice. All information, services, and materials provided by AlphaShark Trading, including the Service, are intended solely for educational and/or recreational use and must not be used as a basis for making investment decisions. AlphaShark Trading neither provides specific investment advice nor promotes the buying or selling of any specific financial product. Subscriber agrees to use the Service at their own risk and acknowledges that AlphaShark Trading assumes no liability for any financial losses or other consequences that may result from Subscriber’s use of the Service.
Text Message SMS Alerts
15. AlphaShark Trading/OptionHacker (aka AlphaShark) provides this policy to explain how we use SMS text messaging. Please read these SMS Text Messaging Terms & Conditions (“SMS Terms”) carefully. By completing the opt in, you expressly consent to receive marketing and non-marketing text messages from AlphaShark Trading or OptionHacker at the mobile number you provide. These messages can be recurring or one-time.Opting in to receive marketing and non-marketing text messages is not required to purchase any products or services from AlphaShark. By providing your mobile number and opting in, you agree you have ownership rights or permission to use the number given to Alphashark.You may opt out of these communications at any time by following the procedure established by the text message. For example, replying “STOP” to any message you received. After this, you will no longer receive messages from that particular short code. If you want to join again, you can sign up as you did the first time and AlphaShark will start sending messages to you again.You can receive assistance at any time by replying “HELP” to any message you receive or calling support at (312) 261-5581. Data obtained from you in connection with this text messaging service may include your mobile phone number, your wireless provider’s name, the date, time, and content of your messages and other information you provide to AlphaShark as part of this service. AlphaShark may use this information to contact you and provide services you request from AlphaShark. Messaging and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you receive will vary based on the service you opt into. If you have questions about your text or data plan, it is best to contact your wireless provider. Alphashark may revise, modify, or amend these SMS Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to the AlphaShark website. You agree to review these SMS Terms periodically to ensure that you are aware of any changes. Your continued consent to receive AlphaShark text messages will indicate your acceptance of those changes. By opting in, you accept to be bound by these SMS Terms.
Waiver and Limitation of Liability
16. Subscriber acknowledges and agrees that access to and use of information contained in the Service is at Subscriber’s risk. Subscriber shall not allege or assert any claim against AlphaShark Trading, or anyone affiliated therewith, based on any allegation or contention that any of the information provided by the Service was deficient, misleading, or inaccurate. Subscriber assumes full liability for all trading risks and any losses incurred related to the use of any information or service provided by AlphaShark Trading.
17. THE SERVICE AND ALL THE INFORMATION, SOFTWARE, CONTENT, AND PRODUCTS PROVIDED BY AlphaShark Trading ARE OFFERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AlphaShark Trading EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTROY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AlphaShark Trading MAKES NO WARRANTY THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATIONAL, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT, OR THAT ANY ERRORS WILL BE CORRECTED.
IF YOU ARE DISSASTISFIED WITH THE SERVICE, AlphaShark Trading-RELATED SERVICES, CONTENT, OR INFORMATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE INTERNET SITE AND THE SERVICE AND TO CANCEL ANY SUBSCRIPTION. PLEASE NOTE THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, AlphaShark Trading’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. To the extent permitted by applicable law, the liability of AlphaShark Trading and its principals, affiliates, employees, or officers arising under this Agreement is limited to direct damages up to the amount Subscriber paid for the Service giving rise to that liability during the prior twelve (12) months. In the case of AlphaShark Trading services or products that are provided free of charge, the combined liability of AlphaShark Trading and its principals, affiliates, employees, or officers to Subscriber arising under this Agreement is limited to One Thousand United States Dollars ($1,000 USD). These limitations apply regardless of whether the liability is based on breach of contract, tort (including, without limitation, negligence), breach of warranties, strict liability, or any other legal theory.
19. To the extent permitted by applicable law, whatever the legal basis for the claim, neither party, nor any of its principals, affiliates, employees, or officers, will be liable for any indirect, consequential, special or incidental damages, or damages for lost profits or revenues, business interruption, or loss of business information arising in connection with this Agreement or the Service, even if such possibility was reasonably foreseeable. This exclusion does not apply to either party’s liability to the other for violation of its confidentiality obligations or intellectual property rights.
20. Information made available through the Service or by AlphaShark Trading, derived from sources deemed reliable and accurate at the time of its publication, undergoes no independent verification. AlphaShark Trading does not guarantee the accuracy or completeness of such information. Any expressed opinions are subject to change without prior notice. Subscriber bears sole risk for any reliance on this information.
Cancelling Your Subscription
21 As a Subscriber, you have the right to cancel your subscription to the Service. You must do this by emailing us via the method described in Section 35 of this Agreement.
Once we receive your cancellation request, it will take effect at the end of the current monthly subscription cycle. Please note, any subscription fees you’ve already paid in advance are non-refundable, except as mentioned below.
If you cancel within the first seven (7) calendar days of your subscription, the cancellation will take effect immediately and any initial subscription fees you’ve paid will be returned to you.
Please be aware, AlphaShark Trading has the right to cancel your subscription and end this Agreement at any time in its sole and absolute discretion. We may also cancel your subscription if the charges to your credit card (or another payment method you’ve approved) are not accepted, or if we’re no longer allowed to charge your card (or other approved payment method). If your subscription is cancelled, you’ll no longer have access to parts of AlphaShark Trading’s websites and the Services that are only for subscribers.
Remember, unless you cancel in the first 7 days as mentioned above, AlphaShark Trading isn’t required to refund any part of the subscription fees you’ve paid if you or we cancel the subscription.
Duration of Our Agreement
22. This Agreement will remain in effect month-to-month, with AlphaShark Trading authorized to charge your credit card or an approved alternative payment method for subscription fees, until your subscription to the Service is cancelled.
Your Limited User License
23. AlphaShark Trading grants Subscriber a non-exclusive, non-transferable, and limited right to access and use the Service, provided you comply with all the terms of this Agreement, including payment of applicable subscription fees. This right is temporary and contingent on your ongoing compliance with this Agreement. AlphaShark Trading retains and reserves all rights not expressly granted to you in this Agreement.
24. Subscriber is not permitted to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Service’s content, in whole or in part, unless you have prior express written consent from AlphaShark Trading. Any violation of this clause may result in immediate termination of this Agreement, at AlphaShark Trading’s sole discretion, and may subject Subscriber to legal action.
Your Obligation to Indemnify Us
25. Subscriber agrees to indemnify, defend and hold harmless AlphaShark Trading, its principals, affiliates, employees, officers, information providers, and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) that arise out of, in connection with, or relate to any violation by Subscriber of this Agreement. This includes, without limitation, claims that are directly or indirectly resulting from or attributable to actions, omissions, or representations made by Subscriber.
Access and Interference
26. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our content including, without limitation, trading alerts, videos, web pages, and chat blogs or for any other unauthorized purpose without prior written permission by AlphaShark Trading. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Service including, without limitation, the AlphaShark Trading website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure and you agree not to engage in any unauthorized framing, linking or deep-linking to Service including, without limitation, the internet site without prior written permission by AlphaShark Trading.
27. Subscriber is responsible for providing all personal computer and electronic equipment necessary to gain access to the Service. Access to and use of certain products or web pages offered by the Service may require a username and password. Subscriber must keep such access information strictly confidential. Unauthorized access to the Service is a breach of this Agreement and may result in immediate termination of your subscription and legal action for damages. If you become aware that the Service is being used by an unauthorized party or in a manner not specifically authorized hereunder, you will promptly notify Alpha Shark and cooperate fully in any investigation of such unauthorized use.
Other Terms and General Provisions
28. This Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access the Service. You agree that you will be solely responsible for any liability arising from any third-party access to or use of the internet site that you permit or facilitate, negligently or otherwise. You can only access the Service from one computer or mobile device at a time. If we detect the Service being used by more than one electronic device (e.g., computer or mobile device) under your login, we reserve the right to terminate one of the two sessions being accessed and/or charge your credit card, or approved alternative payment method for an additional identical subscription at our sole discretion.
29. You agree that you will comply with all applicable law, including all state and federal securities laws. You will be liable for any use of the Service that is in violation of applicable law. To the extent that your use of the Service is found in violation of any applicable law, you agree that Alpha Shark will be entitled to assess any costs, charges, fines or fees associated with such violation using the payment method provided to Alpha Shark.
30. This Agreement will be governed by and construed in accordance with Illinois law, without regard to that state’s choice of law rules. Your use of the Service constitutes activity in Illinois, for the purpose of establishing minimum contacts in Illinois. You agree that any action commenced against AlphaShark Trading will be initiated and maintained solely in the federal or state courts located in Chicago, Illinois. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event AlphaShark Trading commences an action against you.
31. If a court of competent jurisdiction deems any term or provision of this Agreement to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of this Agreement that can be given effect without such term or provision will remain in full effect.
32. Any failure by AlphaShark Trading to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to enforce such provision or any other provision of this Agreement later
Modifications
33. AlphaShark Trading may modify this Agreement or the Service by providing notice of the modification by the method described in Section 35. The modification will become effective at the end of the monthly payment cycle in which the notice is sent or seven (7) calendar days after the notice is deemed received, as set forth in Section 35 below, whichever is longer. Subscriber’s continued use of the Service shall be conclusively deemed acceptance of all such modification(s).
Third-Party Beneficiaries
34. This Agreement does not establish any rights for third-party beneficiaries in any individual or entity that is not a party to this Agreement.
Entire Agreement
35. This Agreement embodies the entire agreement about its subject matter and supersedes all previous or simultaneous communications.
Force Majeure
36. Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control. This includes, without limitation, fire, explosion, power blackout, earthquake, severe storms, flooding, strikes, embargos, labor disputes, acts of God, cyber threats or attacks, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental bodies, and war. This section does not apply to your payment obligations under this Agreement.
Notices
37. All notices and requests made to AlphaShark Trading in connection with this Agreement, other than for cancellation of the subscription, must be made by mail to the address below or by email to [support@alphashark.com]. Any notice of cancellation of the Service must be made by e-mail to [support@alphashark.com]. All notices or requests will be deemed received one (1) business day after being received by AlphaShark Trading.
AlphaShark Trading
111 SE 2nd St. Suite 402
Delray Beach, FL 33444
38. AlphaShark Trading reserves the right to provide information, notices, or service communications about the Service, or other AlphaShark Trading services and products, in electronic format. These communications may be delivered via email to the address provided when subscribing to the Service, or any updated address provided by Subscriber, or through the AlphaShark Trading website. An email notice will be considered as received on the date of transmission, unless AlphaShark Trading receives a response message indicating that the email was not successfully delivered.
Refund Policy
39. All sales of any Workshops, DVD’s, Books, E-Books, or other Digital Software (including Indicator Studies) are non-refundable. No refunds will be granted for these products, even if you cannot attend a workshop. All video sales are also final with no possibility of refunds, irrespective of attendance.
You may request a refund for a subscription within five (5) days of purchase.
40. Subscriptions may be canceled at any time by either party. Cancellation requests must be sent via email to support@AlphaShark.com at least five (5) business days before the start of the next billing cycle. On receipt of a cancellation request, the subscription will continue until the end of the current billing cycle, after which the account will be deactivated. If a response is not received within three (3) business days, Subscriber should contact evan@alphashark.com to verify cancellation.
41. This policy is clearly stated on our website and was also included on the checkout page at the time of your purchase. By purchasing one of our products, you agreed to this policy and all of our website’s disclaimers.
42. If a subscriber has taken a refund ,void, or issued a chargeback, AlphaShark reserves the right to refuse purchases in the future.
Unauthorized Use & Redistribution
43. By downloading this product, Subscriber agrees to the following terms and conditions:
Subscriber shall not modify, alter, disseminate, or use the indicator, course, or other product in any form without the express written permission from AlphaShark Trading.
Failure to comply with the above terms will result in a lifetime ban of membership. In addition, AlphaShark Trading reserves the right to impose a penalty not exceeding $50,000 USD, to be enforced as per applicable laws and regulations.