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Terms of Use

Hedge Fund LIVE Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING HEDGE FUND LIVE.  Hedge Fund LIVE consists of the Hedge Fund LIVE Website located at www.HedgeFundLIVE.com (the “HFL Website”) and the Hedge Fund LIVE Webinar (the “HFL Webinar”), collectively referred to as “Hedge Fund LIVE”  or “the Site”.  We have established the following Terms of Use that we require all visitors to follow when using or accessing Hedge Fund LIVE.  In these Terms of Use, the words “HFL”, “our”, “we”, and “us” refer to TFG Trading Matrix, LLC and the words “you” and “your” refer to all visitors to Hedge Fund LIVE.

Your Agreement

You understand and acknowledge that, by using or accessing Hedge Fund LIVE, you are agreeing to be bound by these Terms of Use.  Please do not use Hedge Fund LIVE if you do not agree with these Terms of Use.  We may change these Terms of Use at any time.  Your continued use of Hedge Fund LIVE after we have posted changes to these Terms of Use constitutes your agreement to be bound by the changes, so please check the Terms of Use regularly for any changes.

Ability to Accept Terms of Use

By accessing our website, you affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent to do so, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. Hedge Fund LIVE may contain content (written, audio, video, or otherwise) that is inappropriate for persons under the age of 18.  As such, you indemnify HFL from any possible damage resulting from the exposure of a person under the age of 18 to the content on this site.   This site is not intended for children under the age of 13 and, therefore, no such person shall access or use this site or its content under any circumstances.

Use of Hedge Fund LIVE

You may not use Hedge Fund LIVE for any unlawful purpose or for any other purpose that is prohibited by these Terms of Use.  Furthermore, you may not interfere or attempt to interfere with the proper operation of Hedge Fund LIVE, including through the use of any device, software or routine, or access or attempt to gain access to any data, files or passwords related to Hedge Fund LIVE through hacking, password mining or any other means.  We reserve the right, in our sole discretion, to deny you access to the Site, or any portion of the Site, without notice.

You are prohibited from violating the security of any system or network comprising Hedge Fund LIVE, including, without limitation, (a) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan, or test the vulnerability of Hedge Fund LIVE or to breach security or authentication measures; (b) unauthorized monitoring of data or traffic on Hedge Fund LIVE; (c) interference with Hedge Fund LIVE including, without limitation, flooding techniques or attempts to overload a system; (d) forging of any packet header, e-mail header or any part of a message header (this prohibition does not include the use of aliases or anonymous remailers); (d) using manual or electronic means to circumvent any use or access limitations placed on Hedge Fund LIVE.

HFL Opinion Disclaimer

By accessing Hedge Fund LIVE, you acknowledge and accept the terms of this Opinion Disclaimer.

You understand and acknowledge that no piece of content published on Hedge Fund LIVE represents a recommendation that a particular trade, trading strategy, or investment is suitable for you.  No person or party providing or publishing content on Hedge Fund LIVE (“Contributor”), nor HFL itself, should be considered your investment adviser or consultant.

Any opinion published on Hedge Fund LIVE, within any of its original content or within any HFL product, is solely the opinion of the Contributor responsible for providing that opinion and does not reflect the opinions of HFL.  Such opinions may have been previously disseminated by their respective Contributors on the internet or through another medium and have not been tailored to any particular person’s or group’s circumstances.  Contributors to HFL may have positions in or be involved with transactions relating to securities mentioned on HFL.  However, you should not treat any opinion expressed by any Contributor as a specific inducement to make a particular investment or follow a particular investment strategy, but only as an expression of said Contributor’s personal opinion.  You are not being offered any securities from HFL or its Contributors.

The opinions of Contributors are based upon information they consider to be reliable, but HFL does not warrant the completeness or accuracy of those opinions, and they should not be relied upon as such.  You may not spread false rumors based on any information found or heard on our website.  HFL and Contributors to Hedge Fund LIVE are under no obligation to update or correct any information or opinion provided on Hedge Fund LIVE.  The opinions of Contributors are subject to change without notice. 

Any hedge fund that is broadcast through Hedge Fund LIVE or contributes content to Hedge Fund LIVE is a separate entity in which HFL has no ownership stake.  Any traders, portfolio managers, freshmen, trainees, interns, or other personalities mentioned on Hedge Fund LIVE or contributing content to Hedge Fund LIVE are strictly Contributors to Hedge Fund LIVE and are neither employees nor agents of Hedge Fund LIVE or TFG Trading Matrix, LLC.  HFL does not compensate its Contributors in any way, and is therefore not responsible for the specific opinions expressed by those Contributors.

Neither HFL nor any of its Contributors guarantees any specific outcome or profit from using Hedge Fund LIVE or its content.   You should be aware of the real risk of serious or total loss in following any strategy or investment discussed on Hedge Fund LIVE, within any of its original content or within any HFL product.  Strategies or investments discussed may fluctuate in price or value, and past performance of any strategy or investment is not indicative of its future performance.

Any or all investments or strategies mentioned on Hedge Fund LIVE, within any of its original content or within any HFL product, may not be suitable for you.  This material does not take into account your particular investment objectives, financial situation, or financial needs and is not intended as recommendations appropriate for you.  Furthermore, because markets are perpetually changing, the content on Hedge Fund LIVE may not be current, and therefore should not be relied upon.  You must make independent decisions regarding investments or strategies mentioned on Hedge Fund LIVE, within any of its original content or within any HFL product.  Before acting on information or opinions published on Hedge Fund LIVE, you should consider whether they are suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.

Privacy Policy

Please refer to Hedge Fund LIVE, LLC Privacy Policy found on www.HedgeFundLIVE.com for our policy with respect to information that we may collect from you when you use Hedge Fund LIVE.

Linking and Framing

You may not place a link to Hedge Fund LIVE on any other web site, nor frame Hedge Fund LIVE within another web site, without our prior express written permission.

Intellectual Property Rights in the Site

The Site contains an abundance of information in the form of data, text, graphics, and other materials from us, our affiliates, and other third parties (the “Content”).  You acknowledge that the Site and the various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.  You also acknowledge that the Site and its Content are and shall remain the property of TFG Trading Matrix, LLC, its affiliates, or its licensors.  You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Site or its Content.  You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Site or any of its Content, in whole or in part.  However, you may print a single copy of the Site or its Content for your own personal use, provided that you maintain any notices contained in the Site or Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks

The trademarks, service marks, trade names and logos (collectively, the “Trademarks”) used and displayed on Hedge Fund LIVE are registered and unregistered trademarks of ours.  All page headers, custom graphics, custom button icons, and scripts are service marks, trademarks and/or trade dress of TFG Trading Matrix, LLC and may not be copied, imitated or used, in whole or in part, in connection with any product or service that is not authorized by us, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.  The Trademarks used and displayed on Hedge Fund LIVE are and shall remain the sole property of us.  Nothing in these Terms of Use shall be construed as granting, by implication, estoppel or otherwise, any license, ownership right, or right to use any Trademarks used or displayed on Hedge Fund LIVE.  The misuse of the Trademarks displayed on Hedge Fund LIVE, or any other Content on Hedge Fund LIVE, is strictly prohibited.

Copyright Complaints

If you believe that any Content on Hedge Fund LIVE violates your or a third party’s copyright, please notify us by providing the following information through the Contact page on our website: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on Hedge Fund LIVE; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) 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 duly authorized to act on the copyright owner’s behalf.

Links to Third Party Web Sites

Hedge Fund LIVE may contain links to third party web sites.  Any such links are provided for your convenience only.  We do not control those web sites, and we are not responsible for their contents or practices, including their privacy practices.  We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

Advertisements

Hedge Fund LIVE may contain advertisements for third party advertisers.  Any such ads are provided for your convenience only.  We do not control the entities providing those ads, and we are not responsible for their business practices or content or practices on their respective web sites, including their privacy practices.  We do not endorse those advertisers, nor do we endorse or make any representations with respect to any products or services offered by them or the contents of their web sites.

Participation Disclaimer

The Site may contain certain user-generated features, such as message boards, chat rooms, and/or commentary forums, which allow users to add content to the Site.  By accessing such features, you agree to use them in a manner that is consistent with these Terms of Use.  You agree to refrain from using profanity or any language that may be deemed, in our sole discretion, offensive, abusive, defamatory, obscene, fraudulent, misleading, or deceptive.  You acknowledge that all content that is added to the Site by you is, and shall remain, the exclusive property of HFL, along with any copyrights or other legal rights contained therein.  You hereby grant HFL the exclusive and irrevocable right to distribute, reproduce, republish, edit, or recreate, in all languages and all forms of media, any content posted by you on the Site.  All content published through such user-generated features, including that published by HFL, is governed by the Site Opinion Disclaimer herein, and should not be construed as personalized investment advice.  We do not and cannot review all communications and materials posted to or created by users accessing the Site and we are not in any manner responsible for the content of these communications and materials.

You may not publish any content that is protected by copyright, trademark, or any other proprietary right (“protected content”) without the express permission of the owner of that right.  By publishing protected content on our Site, you acknowledge that you have secured the right to, and subsequently do, grant HFL a non-exclusive and irrevocable license to distribute, reproduce, republish, edit, or recreate, in all languages and all forms of media, that protected content.  You are completely and solely responsible for determining whether you possess the right to publish or upload such protected content to our Site, and you are solely liable for any infringement of proprietary rights or damage that is caused by publishing such protected content, including any infringement or damage caused by HFL’s reproduction, republishing, or distribution of that content.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, that we are merely acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any content or activities on the Site. However, we reserve the right to block or remove communications or materials that we determine, in our sole discretion, to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property right of another, or (d) offensive or otherwise unacceptable to us.

 

Warranty Disclaimer

Hedge Fund LIVE and the Content, materials and products on the Site are provided "as is" and without warranties of any kind, whether express or implied. Neither we nor any of our affiliates assume any responsibility for the accuracy of any information contained on Hedge Fund LIVE, for any interruptions or errors in accessing Hedge Fund LIVE, or for any viruses or other harmful components contained on Hedge Fund LIVE or the server from which Hedge Fund LIVE is made available.  Neither we nor any of our affiliates make any warrantees or representations regarding the use of the materials in Hedge Fund LIVE in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise.  WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO HEDGE FUND LIVE OR THE PRODUCTS OFFERED THROUGH HEDGE FUND LIVE, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING, OR TRADE USAGE.

UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF HEDGE FUND LIVE, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON HEDGE FUND LIVE OR RESULTING FROM ACCESS TO OR OTHER USE OF HEDGE FUND LIVE OR RELIANCE ON ANY INFORMATION PRESENTED ON HEDGE FUND LIVE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. Our liability in such case will be limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors, and assigns harmless from and against any and all claims, liabilities, damages, losses, and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with your access to or other use of Hedge Fund LIVE.

You further agree to indemnify, defend, and hold us and our officers, directors, members, managers, employees, agents, affiliates, suppliers, successors, and assigns harmless from and against any and all claims, liabilities, damages, losses, and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with any incorrect, untrue, misleading, confusing, harmful, or inappropriate content contributed, published, displayed, or broadcast by any Contributor to Hedge Fund LIVE, including, without limitation, any hedge fund, trader, portfolio manager, freshman, intern, trainee, member, student, or other person or entity providing content for Hedge Fund LIVE.

Governing Law and Jurisdiction

These Terms of Use, and all matters arising directly or indirectly from your access to or other use of Hedge Fund LIVE, shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New Jersey, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall apply only to such provision and shall not, in any manner, affect or render illegal, invalid, or unenforceable any other provision of these Terms of Use.  Furthermore, that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in these Terms of Use.

Entire Agreement

These Terms of Use, in conjunction with Hedge Fund LIVE Subscription Agreement, constitute the entire agreement between you and us with respect to Hedge Fund LIVE, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to Hedge Fund LIVE.

Thank you for your cooperation.  We hope that you find Hedge Fund LIVE helpful and convenient to use.  Questions or comments regarding Hedge Fund LIVE, including any reports of non-functioning links, should be submitted through the Contact page on our website.