Terms of Use | Down2Trade

Down2Trade LLC
1032 E Brandon Blvd #3887
Brandon, FL 33511
(904) 372-3206
support@down2trade.com

Welcome to a website of Down2Trade LLC located at Down2Trade.com (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter “You” or “Your”) for visiting Our site and considering Our products and services. By accessing and using Our sites, Our Servers, and Our services or by registering and clicking the button which states: “I have read and agree to the Terms & Conditions,” You hereby agree to the terms and conditions of this Terms of Use (hereinafter “Agreement”) which, along with the consideration of the mutual promises You and We make to each other, then becomes a binding contract between You and Us. Please do not use Our Site, Our Server, or Our Content if You disagree with any part of this Agreement. We reserve the right to revise any of Our content from time to time without prior notice.

PRIVACY POLICY

Our Privacy Policy is located at https://down2trade.com/privacy-policy and is hereby incorporated into this Agreement by reference. Please review the Privacy Policy to understand Our policies.

USERNAME AND PASSWORDS

You hereby agree that You are responsible for all actions taken under Your Username and Password and that You will not share Your login credentials with other parties. Please remember it is Your responsibility to keep this data secure and You hereby agree that We are not liable for any loss or damage arising from Your failure to keep Your password secure. Further, You agree to immediately notify Us of any unauthorized use of Your password or any breach of security.

PREMIUM MEMBERSHIPS

We offer Premium Memberships for monthly or annual subscription fees. Each Premium Membership will include access to features and services specific to the Premium Membership You purchased. You may purchase access to multiple Premium Memberships and We may offer bundle pricing discounts. If You purchase a membership, it does not grant You access to other Premium Memberships that You have not purchased.

TRADING ROOMS

Our Trading Rooms will be regularly scheduled to operate four or five days per week based on news events, Holidays, or other conditions. We will make best efforts to post any changes to the schedules in Our Discord Server. Our posted schedules are not a guarantee that Our Trading Rooms will be available.

Due to unforeseen circumstances in the market, We may decide not to enter any positions on a scheduled day of trading. Periodically, the Trading Rooms might be scheduled to be non-operational for a period of time, this may be due to website maintenance or other circumstances. You understand that no refunds will be issued if You are unable to access the Trading Rooms, or if they are temporarily unavailable, for any reason.

VIDEO AND AUDIO RECORDINGS

We may video/audio record Our trading room sessions or coaching sessions for later publication, and any comments You make, verbal or typed, may likewise be recorded and disseminated, for which You hereby give Your permission. You also understand these published recordings may show Your name as it may appear in Our video conferencing, chat, and other applications for which You hereby give Your permission.

PURCHASES

Prices of Our Premium Memberships, products, and services offered are subject to change without notice. We may decide to offer promotions for any of these at any time in the future. These future promotions may, or may not, be offered to existing Premium Members.

We will charge Your bank or credit card when You first purchase any of Our Premium Memberships, products, or services. By making a purchase, You are granted a ONE (1) person license for use of Our content for that Premium Membership, product, or service. This is not to be used as a simultaneous use license and only ONE (1) person may access or use the Down2Trade Content. You may not share such content with anyone or download and share such content with anyone.

We may, in Our sole discretion, terminate Your Premium Membership at any time without notice.

If You purchase a Premium Membership, Your payment method will be billed at the start of Your subscription cycle period. You authorize the issuer of Your credit card or debit card to pay any amounts described herein on an ongoing basis as part of Your subscription to Down2Trade without requiring a signed receipt for each transaction. You also agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay any amounts described herein without requiring a signed receipt for each transaction. In addition, You agree that this Agreement shall be accepted as authorization to the issuer of the credit card or debit card to pay all such amounts for Your Premium Membership.

You will receive an email if Your payment fails for any reason. It is Your responsibility to make sure payment details are correct to allow successful payments for Your Premium Membership.

FREE TRIAL OFFER

We may offer a Free Trial Promotion. After the Free Trial period is over, the Premium Membership fee will be charged (to include any promotional discounts at the time of purchase). All customers signing up for a Free Trial to one of Our Premium Memberships will be required to submit payment card details as part of the process, to allow automatic payments to begin once the Free Trial period ends.

If You do not wish to continue with Your Premium Membership once the Free Trial ends, You must cancel before Your payment is processed (see CANCELATION AND REFUNDS section below). Our Free Trial offer applies to new customers only. The Free Trial does not include access to Our Free 30-minute Coaching Sessions, Our D2T Journal Templates, or Our Official Trade Logs. Access to these products will be granted once Your Free Trial has ended and Your payment is successfully processed.

We reserve the right to change, remove, or cancel the Free Trial offer at any time.

FREE COACHING SESSIONS

One of the many perks We may offer is a free 30-minute coaching session. This free coaching session will be made available to You after Your Free Trial period ends and Your Premium Membership begins. Each Premium Member will only receive one (1) free coaching session regardless of whether You purchase or upgrade Your membership at a later time (this includes a purchase of one of Our Bundle Packages). Once you have used Your free coaching session, You will not be granted another one regardless of what Premium Membership package You have purchased or will purchase in the future. Free coaching sessions are for new customers only. If You cancel Your membership before using Your free coaching session, You will not be granted another coaching session should You choose to purchase a Premium Membership at a later time.

CANCELATION AND REFUNDS

You may cancel Your Free Trial or Premium Membership for any reason, at any time. Your Free Trial or Premium Membership will remain in effect until You cancel it or We terminate it.

There are three easy methods to cancel Your Free Trial or Your Premium Membership.

The easiest method is to click on the link found at the bottom of the email invoice You receive after every payment (does not apply to Free Trial users).
The next method is to cancel Yourself utilizing Discord. To Cancel, send "cancel" to the LaunchPass bot to get Your cancel link (locate the bot on Our server's users list on the right panel). If You intend to cancel Your Free Trial or Your membership Yourself utilizing this method, it may be done any time before Your payment is processed.
The last cancellation method is to request that We cancel for You. You must email us at 'support@down2trade.com,' requesting that We cancel Your Free Trial or Premium Membership. Your cancellation email must be received by Us no less than 48-hours before Your payment is processed.

There will be no refunds for early cancellation of Your Premium Membership. If You cancel Your Premium Membership at any time before Your billing cycle ends, Your Premium Membership will remain in effect until the end of Your current billing cycle and will not be automatically renewed for the next billing cycle. If You cancel Your Free Trial at any time before Your Free Trial ends, Your Free Trial will remain in effect until the end of the Free Trial period and your payment will not be automatically charged.

If at any time, You cancel Your Free Trial or Premium Membership and later decide to re-purchase a Premium Membership, We are not obligated to honor Your previous subscription fee. Meaning Your subscription fee for the new Premium Membership will be the current subscription fee being offered at the time of re-purchase. Additionally, if You cancel Your Free Trial or Premium Membership and later decide to re-purchase a Premium Membership, You will not be able to use Our Free Trial offer regardless of whether or not You previously used all or any portion of the Free Trial.

Once Your subscription payment has been processed, no refunds will be given. If You intend to cancel Your Free Trial, be sure to cancel before the end of Your Free Trial period. If You intend to cancel Your Premium Membership, be sure to cancel before the end of Your current billing cycle.

No refunds will be given for any of Our other products or services, including courses, software, coaching sessions, and any other product or service offered. All sales are final once the payment is processed.

TRADEMARKS

We hereby claim Down2Trade^TM, the Down2Trade logo^TM, DOWN2TRADE^TM, Phalanx Options Strategy^TM, Let’s get down to Trading^TM, Down2Chat^TM, D2T Journal^TM, D2T Official Journal^TM, Learn it Trade it Profit^TM, and Phalanx Journal^TM to be trademarks of Our Company.

COPYRIGHT

All content contained in, or provided from or through Our website, Our trade rooms, Our chat rooms, or Our courses, whether the content is accessed via Our website or a third-party’s website, such as text, graphics, logos, button icons, images, audio clips, video clips, coaching sessions, live trade room calls, documents, spreadsheets, and other software, is the property of Down2Trade LLC and is protected by U.S. copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on Our website is Our exclusive property and protected by U.S. copyright laws. Any use of such content, including the recording, reproduction, modification, distribution, transmission, republication, or display is strictly prohibited.

INVESTMENT RISKS

YOU HEREBY ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH INVESTING. INVESTING IN STOCKS, OPTIONS, BONDS, INDICES, FUTURES, EXCHANGE TRADED FUNDS, MUTUAL FUNDS, MONEY MARKET FUNDS, OR OTHER FINANCIAL ASSETS INVOLVES RISK OF LOSS. SUBSTANTIAL LOSS OF PRINCIPAL IS POSSIBLE. SOME HIGH RISK INVESTMENTS MAY USE LEVERAGE, WHICH WILL ACCENTUATE GAINS & LOSSES. PAST INVESTMENT PERFORMANCE IS NOT A GUARANTEE OR PREDICTOR OF FUTURE INVESTMENT RESULTS.

NOT INVESTMENT ADVICE

WARRANTIES

THE INFORMATION CONTAINED IN, OR PROVIDED FROM OR THROUGH OUR WEBSITE, OUR ROOMS, OUR CHAT ROOMS, OUR PRODUCTS, OUR JOURNALS, OUR RECORDINGS, OUR COURSES, OUR TRADE ALERTS, OR ANY OF OUR OTHER CONTENT, WHETHER VIEWED ON OUR WEBSITE OR VIEWED ON A THIRD-PARTY’S WEBSITE, IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS, OR WARRANTIES AS TO ITS ACCURACY. THE INFORMATION DOES NOT CONSTITUTE FINANCIAL ADVICE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF OUR WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. UNLESS EXPRESSLY STATED TO THE CONTRARY TO THE FULLEST EXTENT PERMITTED BY LAW WE AND OUR SUPPLIERS, CONTENT PROVIDERS, AND ADVERTISERS HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES, AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, OR THE LAW OF EQUITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT WITHOUT LIMITATION TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, DAMAGE TO GOODWILL OR REPUTATION, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, PERFORMANCE OR FAILURES OF THIS WEBSITE OR THE LINKED WEBSITES AND ANY MATERIALS POSTED THEREON, IRRESPECTIVE OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ARISE IN CONTRACT, TORT, EQUITY, RESTITUTION, BY STATUTE, AT COMMON LAW OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DOES NOT AFFECT OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ITS NEGLIGENCE, NOR FOR FRAUDULENT MISREPRESENTATION, MISREPRESENTATION AS TO A FUNDAMENTAL MATTER, OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT WE ARE OR WERE AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, OUR AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF OUR PRODUCTS YOU ORDERED. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. OUR PRODUCTS ARE SOLD AND DELIVERED TO YOU “AS IS” WITH NO WARRANTY WHATSOEVER. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS SECTION, WE MAKE NO EXPRESS WARRANTIES OR REPRESENTATIONS AND WE DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

FURTHERMORE, IF A THIRD PARTY SHALL SURREPTITIOUSLY ENTER OUR SITE THROUGH THE USE OF A MEMBER’S LOG-IN OR OTHERWISE, THEY WILL HAVE NO RIGHT OF STANDING IN ANY ACTION AGAINST US.

INDEMNIFICATION

You hereby warrant that You will not use the information provided by Us in violation of any International, Local, State, or Federal law. Further, You agree to indemnify, defend, and hold Us harmless, as well as holding harmless Our parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, from any claim, action, demand, or damage, including reasonable attorney’s fees, made by any third party or governmental agency arising out of or related to Your use of any service offered by Us or Your violation of this Agreement, including without limitation, claims or suits for libel, violation of rights of privacy or publicity, interference with property rights, trespass, violations of International, Local, Federal or State Law, patent infringement or plagiarism. We may, at Our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by You. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.

FORCE MAJEURE

We shall not be liable for delays or nonperformance of this Agreement caused by strike, fire, or accidents, nor shall We be liable for delay or nonperformance caused by lack of availability of materials, fuel, or utilities or for any other cause beyond Our control.

ASSIGNMENT

You may not assign the rights or obligations under this Agreement.

ENTIRE AGREEMENT

Except as modified or supplemented by writing, executed by both parties, the Terms and Conditions described herein are the only representations, warranties, and understandings between the parties with respect to the products and/or services described herein.

DISPUTES

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at support@down2trade.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You.

Any controversy or claim arising out of or relating to this contract, or the breach thereof, or any other disagreement between the Parties shall be settled under the laws of the state of Florida in Jacksonville, Florida by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If You wish to pursue arbitration, We will pay one-half the filing fee at the time of filing, subject to the arbitrator’s final decision on the costs of arbitration.

SEVERABILITY

If any provision, or portion thereof, of this Agreement, is held by a court of competent jurisdiction to be invalid under any applicable statute or rule of law, You and We agree that such invalidity shall not affect the validity of the remaining portions of this Agreement and further agree to substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provisions.

HEADINGS

The headings of this Agreement are for convenience only and shall not be used to construe the meaning of this Agreement.

AGREEMENT UPDATES

This Agreement is effective as of September 29, 2023. We reserve the right to revise this policy from time to time without prior notice. As a courtesy, We may notify You of any material changes in Our Terms of Use either by email or by a conspicuous posting on Our website. This is not a guarantee that such notifications will be made. You are hereby cautioned to review the Terms of Use posted on Our Website periodically. Your continued access or use of Our Website after any such changes are posted will constitute Your acceptance of these changes.