These Terms and Conditions of RogueTrader.Academy (hereinafter referred to as the “Terms and Conditions”) are hereby updated most recently 24 May 2023, by, Moria Misty Mountain LLC (also “RogueTrader.Academy”, “Us” or “We”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of RogueTrader.Academy, hereby amend and restate any such prior terms and conditions.

RogueTrader.Academy, and all related content, materials and services (collectively, the “Site”) is an online resource related to the trading of securities and that provides its customers and members with chat rooms / broadcasting of trades and educational classes, materials and resources for use by customers and members in connection with their trading activities.

In consideration of each member or customer’s (each, a “customer” or “you”) access to and use of the Site, we require every member and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of Moria Misty Mountain LLC.

You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of use of the Site and the products and services of Moria Misty Mountain LLC. By agreeing to these Terms and using and accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of Moria Misty Mountain LLC.

If you are unwilling to be bound by these Terms and Conditions, you must not use or access the Site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT BY USING THIS WEBSITE, YOU ARE LEGALLY AGREEING TO THE TERMS & CONDITIONS AND USING THIS WEBSITE IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.

Additionally, any time you purchase any product from us, you are agreeing to be bound by the terms & conditions set forth within this document.

General Terms

By clicking “I AGREE” and/or using or accessing the Site, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Moria Misty Mountain LLC, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.

Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of Moria Misty Mountain LLC, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of Moria Misty Mountain LLC, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by Moria Misty Mountain LLC, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of Moria Misty Mountain LLC, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.

Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:

That the content, materials, services and other intellectual property contained or embodied in the Site are owned by Moria Misty Mountain LLC and are protected by patent, copyright, trademark and other similar laws;
Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;

Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;

Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;

Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;

Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;

Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;

Not to bully, intimidate, or harass any person;

Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Moria Misty Mountain LLC in its sole discretion;

Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;

Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;

Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;

Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;

Not to facilitate or encourage any violations of these Terms and Conditions;

Not to post or make any defamatory or false statements related to the Site,

Moria Misty Mountain LLC, or any other product or service of Moria Misty Mountain LLC (including but not limited to posts on social media, comments in chat, or defamatory reviews);

Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;

Not to issue chargeback disputes against Moria Misty Mountain LLC.

Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;

Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;

Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of Moria Misty Mountain LLC.

Not to share personal information with members, or request personal information from members.

All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.

Violating any of the aforementioned will result in immediate removal from Moria Misty Mountain LLC and forfeits your right to request a refund.

Ownership & Limited License

By becoming a customer of Moria Misty Mountain LLC and using the Site, Moria Misty Mountain LLC hereby grants to you a limited revocable license to use the Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Moria Misty Mountain LLC in connection with the Site, which may be amended by Moria Misty Mountain LLC at any time in its sole discretion and without notice. Such limited revocable license is freely revocable and terminable by Moria Misty Mountain LLC at any time, without cause and in the sole discretion of Moria Misty Mountain LLC. Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of Moria Misty Mountain LLC. Upon revocation or termination of this limited revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination Moria Misty Mountain LLC may deny your access to the Site and any other Moria Misty Mountain LLC content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by Moria Misty Mountain LLC will be preserved or disposed of in accordance with the terms of the Privacy Policy of Moria Misty Mountain LLC. Any information you submit to Moria Misty Mountain LLC is at your own risk of loss, and Moria Misty Mountain LLC assumes no liability or responsibility thereof.

Moria Misty Mountain LLC reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of Moria Misty Mountain LLC, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of Moria Misty Mountain LLC, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by Moria Misty Mountain LLC, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of Moria Misty Mountain LLC, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of Moria Misty Mountain LLC, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.

Additionally, you grant Moria Misty Mountain LLC an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.

Consent to Utilize Audio, Video and Photography from Live Events

Moria Misty Mountain LLC may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Moria Misty Mountain LLC events, you agree to allow Moria Misty Mountain LLC to utilize audio, video, and photographs that you may appear in.

Violation; Termination of Account

Moria Misty Mountain LLC reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Moria Misty Mountain LLC or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to Moria Misty Mountain LLC whether at law, in equity or otherwise. You hereby acknowledge and agree that Moria Misty Mountain LLC may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Moria Misty Mountain LLC or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that Moria Misty Mountain LLC has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that Moria Misty Mountain LLC may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that Moria Misty Mountain LLC finds, in its sole discretion, to be objectionable.

You acknowledge and agree that Moria Misty Mountain LLC may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Moria Misty Mountain LLC may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.

Subscription terms, cancellations and refunds

Access to RogueTrader.Academy Courses (the “Service”) is sold on a subscription model (“Subscriptions”). Subscriptions can be purchased by paying a monthly or annual subscription fee. When you register for a Subscription, you consent to get access to the Service once a member of the Rogue Trader Academy team has activated your subscription. 

SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND ROGUE TRADER ACADEMY WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID.

• Automatic Renewal. Subscriptions to the Service renew automatically. If you purchase a Subscription, you acknowledge and agree that we are authorized to use the payment information on file for the recurring renewal fee. You may cancel your account at any time by emailing [email protected] and our team will process your cancellation. We will aim to do this within 36 hours of receipt during business. This will stop future subscription charges from accruing to your account. Until you cancel, your Subscription will renew monthly on the same day of the month as the date you made your initial purchase, and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your Subscription confirmation receipt that will be emailed to you at the email you provide.

1. 1. Subscription Renewal Payments. When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow Moria Misty Mountain LLC to store (or cause a third party to store on behalf of Moria Misty Mountain LLC) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, Moria Misty Mountain LLC may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from Moria Misty Mountain LLC related thereto.

• Cancellations. You can cancel your Subscription at any time by emailing [email protected] and our team will process your cancellation. We will aim to do this within 36 hours of receipt during business. The cancellation will take effect the day after the last day of the current subscription period. You must cancel your Subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your Subscription, you will continue to have access to the Service through the end of your current billing period. Cancelling your Subscription may not completely delete your account from our website. You may choose to delete your account, but you will not be able to recover data from your former account at a later date if you do so.

• No refunds. While you may cancel your Subscription at any time, there are no partial or pro-rata refunds for cancellation. Rogue Trader Academy may, however, offer partial, pro rata refunds for Rogue Trader Academy’s early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Rogue Trader Academy program expressly state that such refunds are available in such scenarios and/or as required by law. In the event that you cancel your account or Rogue Trader Academy suspends or terminates your account under this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund for any unused time on a Subscription, any license or Subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

• Pricing. Rogue Trader Academy may change the price for the Subscriptions, from time to time, by posting the new price on the Service. Price changes for Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by canceling your Subscription prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully. Additional terms may apply.

1. Chargeback disputes.RogueTrader.Academy provides valuable and proprietary information. Any chargeback disputes will NOT be honored and will be treated as theft of intellectual property. Customers who file chargebacks will be charged a $2,000 fee as compensation for our time & fees to fight the chargeback.
2. Applicable taxes. All fees charged by Moria Misty Mountain LLC in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
3. Breach of terms and conditions. If you do not follow the Terms & Conditions, you may be removed from the course at any time and are not entitled to any refund.

Modifications to the Site and Pricing

Moria Misty Mountain LLC reserves the right to, and you acknowledge and agree that Moria Misty Mountain LLC may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Moria Misty Mountain LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Moria Misty Mountain LLC’s sole discretion, to a price increase. Moria Misty Mountain LLC shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.

Without limiting the foregoing, Moria Misty Mountain LLC may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Moria Misty Mountain LLC or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Moria Misty Mountain LLC may communicate with you through any available means including email, mobile number, text message, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.

General Disclaimer of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.

Moria Misty Mountain LLC DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, MORIA MISTY MOUNTAIN LLC DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; MORIA MISTY MOUNTAIN LLC DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.

MORIA MISTY MOUNTAIN LLC DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, MORIA MISTY MOUNTAIN LLC DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY MORIA MISTY MOUNTAIN LLC HEREBY.

ANY COACHING IS NOT TO BE CONSTRUED AS INVESTMENT ADVICE. THE INFORMATION WHETHER DISPLAYED ON THIS SITE, OR THROUGH ANY DOWNLOADABLE PRODUCTS OR EMAILS, OR THROUGH ANY CUSTOMER PURCHASES FROM THIS SITE ARE FOR GENERAL EDUCATIONAL PURPOSES AND SHALL NOT BE CONSTRUED AND / OR INTERPRETED AS INVESTMENT ADVICE, OPINIONS AND / OR SUGGESTIONS. THE CUSTOMER SHOULD BE ADVISED TO SEEK PROFESSIONALS FOR ADVICE. MORIA MISTY MOUNTAIN LLC SHALL NOT BE RESPONSIBLE FOR ANY EMOTIONAL OR FINANCIAL LOSS FROM ANY INVESTMENT DECISION CAUSED BY OR AS A RESULT FROM THE LEARNED MATERIALS FROM THIS SITE.

Disclaimers

MORIA MISTY MOUNTAIN LLC EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:

UNLESS EXPRESSLY INDICATED, ANY OF THE BLOG POSTS AND PAGES ON THIS SITES MAY BE WRITTEN AND PUBLISHED BY PERSONNEL OUTSIDE OF MORIA MISTY MOUNTAIN LLC. AS A RESULT, DO NOT RELY ON THE INFORMATION IN ANY OF THE BLOG POSTS / PAGES FOUND WITHIN THIS WEBSITE. ANY INCOME CLAIMS, SUCCESS STATEMENTS, WIN PERCENTAGE CLAIMS, ETC. ARE NOT BEING CLAIMED BY MORIA MISTY MOUNTAIN LLC. IF YOU HAVE ANY QUESTIONS REGARDING A CLAIM FOUND ON THIS WEBSITE, PLEASE EMAIL [email protected]

Your Responsibility

The Site and the other products and services of Moria Misty Mountain LLC provide solely content and information for informational and educational purposes only, and do not constitute “investment advisory services” governed by the Investment Advisers Act of 1940. Moria Misty Mountain LLC, directly or indirectly through the Site or its other products or services, does not engage in the business of advising you (or others) as to the value of securities, the advisability of investing in, purchasing, or selling securities, or the issuance or promulgation of analyses or reports concerning securities. The content and information provided by Moria Misty Mountain LLC, the Site and the other products and services of Moria Misty Mountain LLC, is solely incidental to the business and activities of Moria Misty Mountain LLC in providing educational services.

As a member of the trade alerts, do NOT follow our trades. Rather, it’s best to use them as examples and choose your own based upon what you feel is best for your specific situation.

You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. Moria Misty Mountain LLC does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that Moria Misty Mountain LLC employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any Moria Misty Mountain LLC employee. Moria Misty Mountain LLC recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.

No data, content or information provided by Moria Misty Mountain LLC, the Site or the other products and services of Moria Misty Mountain LLC, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer, or solicitation of an offer, to buy or sell securities, nor an attempt to influence the purchase or sale of any security. Moria Misty Mountain LLC is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Moria Misty Mountain LLC do not require any such registration.

Data, Content and Information

No data, content or information provided by Moria Misty Mountain LLC, the Site or the other products and services of Moria Misty Mountain LLC, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.

Moria Misty Mountain LLC neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of Moria Misty Mountain LLC. This includes, without limitation, any forum, coaching, telephone conversation, chat room or other online conference, telecast or posting through Moria Misty Mountain LLC. If you choose to rely on such information, you understand, acknowledge and agree to do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of Moria Misty Mountain LLC is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by Moria Misty Mountain LLC, the Site or the other products and services of Moria Misty Mountain LLC.

Moria Misty Mountain LLC cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.

Any forum and chat rooms on the Site are comprised of customers and members (including, without limitation, moderators who are in the employ of Moria Misty Mountain LLC) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by Moria Misty Mountain LLC to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chat rooms (whether such data, content or information is posted by Moria Misty Mountain LLC or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by Moria Misty Mountain LLC or its directors, officers, shareholders, employees, agents or affiliates. As such, Moria Misty Mountain LLC is not responsible for the accuracy of data, content or information or any performance data in any forum or chat room; and the accuracy of data, content or information or any performance data is not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chat room is intended as, nor should you rely on it as, investment advice provided by Moria Misty Mountain LLC or its directors, officers, shareholders, employees, agents or affiliates.

Moria Misty Mountain LLC does not control, and does not endorse, any data, content or information posted on the forum or chat room on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and Moria Misty Mountain LLC expressly disclaims responsibility for any such data, content or information. Moria Misty Mountain LLC has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chat room on the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold Moria Misty Mountain LLC, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the forum or chat room on the Site.

Without limiting the generality of the foregoing, you understand, acknowledge and agree that our Trade Alerts moderators may call out or post both real and hypothetical trades for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not rely on such opinions and ideas which may not be complete or accurate. Each of Moria Misty Mountain LLC’s services, products and site are available for informational and educational purposes only. None of the information contained in the Site (which includes, without limitation, our alerts service, chat room and videos) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.

Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results; the investments chosen may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.

You understand, acknowledge and agree that, for informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades disclosed or otherwise. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

Through your use of the site, You expressly contract and consent to the operations of Moria Misty Mountain LLC (including the moderator actions and omissions discussed above) and release Moria Misty Mountain LLC, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose. Don’t trade with money you can’t afford to lose.

Activities of Moria Misty Mountain LLC Personnel

Moria Misty Mountain LLC, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may or may not, nor are they required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of Moria Misty Mountain LLC. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to Moria Misty Mountain LLC strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. Moria Misty Mountain LLC personnel adhere to their unique individual plans developed and implemented by them with or without Moria Misty Mountain LLC, and are not required to share with you, nor can it be expected that their personal experiences and results will be duplicated and that you’ll achieve similar results.

Moria Misty Mountain LLC does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.

Moria Misty Mountain LLC does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.

Moria Misty Mountain LLC does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to affect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.

You understand, acknowledge and agree that Moria Misty Mountain LLC, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of Moria Misty Mountain LLC, or its directors, officers, shareholders, employees, agents or affiliates.

Investments and Results

The purchase and sale of securities involves a high degree of risk. It is speculative and suitable only for persons who have substantial financial resources. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities.

Moria Misty Mountain LLC, and the content and information contained on the Site, and in other products and services of Moria Misty Mountain LLC, do not indicate or guarantee any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.

As more fully set forth herein, Moria Misty Mountain LLC, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guaranty as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.

Moria Misty Mountain LLC may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guarantee that any result will be obtained by you. Your results may differ materially from those expressed or utilized by Moria Misty Mountain LLC due to a number of factors.

Testimonials Disclaimer

In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:

Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of Moria Misty Mountain LLC. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.

Endorsements, testimonials or descriptions of past performance appearing on the Site were received via text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public.

Third Party Websites

The Site, and other products and services of Moria Misty Mountain LLC, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Moria Misty Mountain LLC has not reviewed all of the sites linked to or from the Site, or other products and services of Moria Misty Mountain LLC, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of Moria Misty Mountain LLC, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

Limitations of Liability

WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, MORIA MISTY MOUNTAIN LLC, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF MORIA MISTY MOUNTAIN LLC, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF MORIA MISTY MOUNTAIN LLC, IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $250, WHICHEVER AMOUNT IS GREATER.

THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY MORIA MISTY MOUNTAIN LLC IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.

Indemnification

You shall, and hereby agree to, indemnify and hold harmless, Moria Misty Mountain LLC, and its officers, directors, shareholders, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of Moria Misty Mountain LLC, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.

Privacy and Personal Information

Moria Misty Mountain LLC shall have the right to use and disclose any information provided by you through the Site, or other products or services of Moria Misty Mountain LLC (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures thereof of Moria Misty Mountain LLC. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.

Modifications

Moria Misty Mountain LLC reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.

Moria Misty Mountain LLC may make changes to the Site, and the other products and services of Moria Misty Mountain LLC, at any time without notice. Moria Misty Mountain LLC does not, however, make any commitment to update the Site, and the other products and services of Moria Misty Mountain LLC.

Governing Law

Any claim under these Terms and Conditions or otherwise related to the Site or Moria Misty Mountain LLC shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Sussex County, Delaware. You agree to submit to the personal jurisdiction of the courts located within Sussex County, Delaware, or another location of Moria Misty Mountain LLC’s choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Moria Misty Mountain LLC shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by Moria Misty Mountain LLC, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.

The Site, and the other products and services of Moria Misty Mountain LLC, are directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of Moria Misty Mountain LLC, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. Moria Misty Mountain LLC reserves the right to limit the availability of the Site, and any other products or services of Moria Misty Mountain LLC, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.

Severability

If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.

Entire Agreement

You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of Moria Misty Mountain LLC, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.

Waivers

Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.

Questions

Questions about these Terms and Conditions should be addressed to [email protected]. Questions about billing should be addressed to [email protected].

IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.