If you use any of our products or services, you explicitly agree to the following:
Terms of Use
These terms of use (the "Agreement") set forth the terms and conditions that apply to your access and use of the web site owned and operated by KillinIT, LLC, a Wyoming Limited Liability Company ("KI") dba "KickAssTrader", and located at www.KickAssTrader.com ("KAT" or the "Site"). The Site materials on KickAssTrader.com are owned by KI. The Site may also include information provided by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and KI. The Site Service (as defined below) is hosted on servers located in the United States of America. By using KickAssTrader.com you agree to be bound by the terms and conditions of this Agreement and KI's Privacy Policy, as they may be amended from time to time in the future (see "Modifications" below).
You are Accepting these Terms
The products and services offered on KickAssTrader.com include information, tools, functionality, features, content, and applications offered from time to time by KAT in connection with the Site, email newsletters and emails with special offers by KAT, and potentially by third parties, updates regarding the Site, contests and other offerings (collectively, the "Products and Services"). By using the Products and/or Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply visit KickAssTrader.com), a "Subscriber" (which means that you have subscribed to receive one or more premium subscriptions (each a "Premium Online Subscription") or you are a "Member" (which means that you have registered with KAT). The term "you" or "User" refers to a Visitor, Subscriber or a Member. If you wish to become a Member or Subscriber, communicate with other Members or Subscribers and make use of the Service, you must read this Agreement and indicate your acceptance during the registration or subscription process. If and when you register to become a Member or a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data" or the "Subscription Data") and (b) maintain and promptly update the Registration Data or Subscription Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, KAT reserves the right to terminate your membership, subscription and/or your use of the Site. You may not use the Products and/or Services and you may not accept this Agreement if you are not of a legal age or otherwise unable to form a binding contract with KI. Your Membership or Subscription may be terminated without warning, if we believe that you are unable to form a binding agreement with KI. If you accept this Agreement, you represent that you have the capacity to be bound by it, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.
Privacy Policy and your Personal Information
KI's data protection practices and policy is simple: all of your sensitive data is stored encrypted in our databases and KI does not/ will not provide, sell, or rent your information to any entity, at any time, for any price.
Description of Products and Services
The Products are training on specific types of strategies for trading in the stock market as well as training on the market structure. These are offered for educational purposes only and not to be construed as providing, legal, tax or financial advice of any kind. The Services are a collection of software applications that allows Subscribers to search for potential investments and track their portfolio of investments on KickAssTrader.com. The Products and Services are provided to you by KAT as a one-time fee, or, as a paid-for subscription service. Neither are free, except for any free trial periods, and are meant as educational and research aids. They are not intended to provide, and shall not be construed as providing, legal, tax or financial advice of any kind.
Your Service Subscription
If you decide to purchase any Premium Online Subscription, or Training Product, from KAT, you may be required to provide personal financial information such as credit card and billing information (such information being the "Personal Financial Information") to an independent third party company (or companies) selected by KAT. You acknowledge and agree that any Personal Financial Information you provide on the Site shall be governed by the terms of service of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You should review the terms of service of the applicable independent third party company prior to placing your order. You must be of the legal age of consent in the State where the use is being conducted or older to submit Personal Financial Information on the Site. You are responsible for any and all changes to your account. If you cancel one or more of your credit card charges in connection with any Product or Service provided by KAT, you understand and agree that KI may pursue you for twice the amount of the charges you canceled and that you will also be charged for all court costs, attorney fees and collection costs. You also understand that KI will report your collection account to ALL the major credit reporting bureaus. If you subscribe to any Premium Online Subscription of KAT, your subscription will be automatically renewed and the credit card you used to subscribe for such subscription will be charged per the billing cycle of your subscription (e.g. Monthly, Quarterly, Annually), unless you cancel the subscription prior to the renewal date. You may review your account and subscriptions by logging into the Site with your username/password and then going to the Account tab, and may cancel your subscription(s) in the manner stated below in this agreement. The renewal charge shall be the same as the original signup price, unless you are otherwise notified in advance. When you request termination or cancellation, there is no refund for any unused portion of the current subscription. You acknowledge and agree that the authorization to charge your credit card for subscription charges shall automatically transfer to any successors or assigns of KI for substantially similar services at the same, or similar, Site. You may not assign or transfer your subscription to any other person or entity. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
Your Username and Password
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Products and or Services. That username and password, together with any other contact information you provide, is what represents your "Registration Information." By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available Internet browser. You are entirely responsible for maintaining the confidentiality of your Registration Information. If you become aware of any unauthorized use of your Registration Information, you agree to notify KAT immediately.
Your Use of our Products and Services
Your right to access and use KickAssTrader.com and the Services is personal to you, and is not transferable by you to any other person or entity. You are only entitled to access and use KickAssTrader.com for lawful purposes. You may not misrepresent your Registration Information. In order for the Services to function effectively, you must also keep your Registration Information up to date and accurate. Your access and use of KickAssTrader.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of KickAssTrader.com or other actions that KI, in its sole discretion, may elect to take.
Our Online Alerts and Signals
KAT may, as part of its Service offering, provide automatic alerts and signals. Automatic alerts and signals may be sent to you following certain changes made online to your KAT account, such as a change in your Registration Information. These alerts and signals are turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. KAT may add new alerts and/or signals from time to time, or cease to provide certain alerts and/or signals at any time upon its sole discretion. Each alert or signal has different options available, and you may be asked to select from among these options upon activation of your alerts service. Electronic alerts will be sent to the email address you have provided as your primary email address for KickAssTrader.com. If your email address or your mobile device's email address changes, you are responsible for informing KAT of that change. Changes to your email address will apply to all of your alerts. Because alerts and signals are not encrypted, we will never include your password. However, alerts may include your KickAssTrader.com Username and some information about your account. Depending upon which alerts and/or signals you select or subscribe to, information such as your portfolio balance may be included. Anyone with access to your email will be able to view the content of these alerts and signals. At any time you may disable future alerts.
Rights You are Granting to Us
By submitting information, data, passwords, usernames, materials and other content to KAT through any of the Services, you are licensing that content to KAT solely for the purpose of providing the Services. KAT may use and store the content, but only to provide the Services to you. By submitting this content to KAT, you represent that you are entitled to submit it to KAT for use for this purpose, without any obligation by KAT to pay you, or anyone else, any fees or have any other limitations.
Our Intellectual Property Rights
The contents of KickAssTrader.com, including its design elements which may be described as its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of KickAssTrader.com belong, or are licensed, to KAT or its software or content suppliers (the "KAT Content"). KI grants you a limited, revocable, nonsublicensable license to use the KAT Content (excluding software code) solely for your personal use in connection with viewing the Site and using the Products and/or Services. You may download or print a copy of information provided on KickAssTrader.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from KickAssTrader.com, in whole or in part, for any other purpose is expressly prohibited without our prior written consent by contacting KAT directly.
Access and Interference with Our Products and Services
You agree that you will not: Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor KickAssTrader.com, or any portion of KickAssTrader.com, without KI's express written consent, which may be withheld in KI's sole discretion; Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search KickAssTrader.com, other than the search engines and search agents available through the Services and other than generally available third-party web browsers; Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of KickAssTrader.com or the Products and Services; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of KickAssTrader.com or the Service.
Third Party Content
KAT may obtain certain elements or aspects of its Content from third party providers. These providers do not endorse, sponsor, certify or approve of any content that they do not provide to KAT, and that is included on KickAssTrader.com, or any other website, service or products that may be advertised in or near the information provided by the third party. NO THIRD PARTY, NOR ANY OF THEIR SOURCES, MAKES ANY WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE INFORMATION, SOFTWARE, OR MARKET DATA TO BE PROVIDED TO KAT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION, SOFTWARE, OR MARKET DATA FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY THAT SUCH PRODUCTS OR SERVICES MAY BE RELIED UPON FOR TRADING PURPOSES. IN NO EVENT WILL ANY THIRD PARTY, OR ANY OF ITS SOURCES, BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THE INFORMATION PROVIDED TO KAT OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY THESE THIRD PARTIES, OR THEIR SOURCES, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ANY THIRD PARTY, OR THEIR SOURCES, UNDER THIS AGREEMENT (INCLUDING ANY ADDENDA) EXCEED THE TOTAL SERVICE FEES PAID BY KAT TO THE THIRD PARTY DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT WILL ANY THIRD PARTY, THEIR SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED TO KAT, EVEN IF THE THIRD PARTY HAD/HAS BEEN ADVISED OF THE POSSIBILLITY OF SUCH DAMAGES. KAT WILL INDEMNIFY AND HOLD HARMLESS ANY THIRD PARTY, AND THEIR SOURCES, FROM ANY CLAIM (NOT EXCLUDING THE RIGHT OF ANY THIRD PARTY, OR THEIR SOURCES, TO PARTICIPATE) DUE TO KAT’S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURRACIES, ERRORS, OR OMISSIONS OF INFORMATION OR SERVICES PROVIDED BY ANY THIRD PARTY, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEYS’ FEES RELATING TO SUCH CLAIM (INCLUDING CLAIMS MADE BY KAT’S SUBSCRIBERS).
Disclaimer of Representations and Warranties
THE CONTENT AND ALL PRODUCTS AND SERVICES ASSOCIATED WITH KICKASSTRADER.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. KAT AND KI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF KICKASSTRADER.COM OR OF THE PRODUCTS AND SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. KAT AND KI MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON KICKASSTRADER.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. KAT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Not a Financial Planner, Broker or Tax Advisor
NEITHER KI, KAT, NOR THE PRODUCTS OR SERVICES ARE INTENDED TO PROVIDE, AND SHALL NOT BE CONSTRUED AS PROVIDING, LEGAL, TAX OR FINANCIAL ADVICE. KI IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR IN ANY WAY AND DOES NOT HOLD ITSELF OUT AS ANY OF THESE THINGS OR TITLES. The Products and Services are intended only to assist you in your financial organization and decision-making, and are to be considered broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Products and/or Services may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant, or other financial advisers, who are fully aware of your individual circumstances.
Alert and Signal Disclaimer
You understand and agree that any alerts or signals provided to you through the Services may be delayed, or prevented, by a variety of factors. KAT does its best to provide alerts and signals in a timely manner with accurate information. However, KI and KAT neither guarantees the delivery nor the accuracy of the content of any alert or signal. You also agree that KI shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert or signal; for any errors in the content of an alert or signal; or for any actions taken, or not taken, by you, or any third party, in reliance on an alert or signal provided by or on KickAssTrader.com.
Limitations on Our Liability
KAT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO KICKASSTRADER.COM, YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED ON KICKASSTRADER.COM, OR THIS AGREEMENT, EVEN IF KAT AND/OR KI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, KAT'S AND KI'S MAXIMUM LIABILITY TO YOU, FOR ANY CAUSE WHATEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE MONTH'S COST FOR THE SUBSCRIPTION SERVICE, OR $500.00USD, WHICHEVER IS LESS.
Your Indemnification of Us
You shall defend, indemnify and hold harmless KI and KAT and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Refund Policy
One of the ways people steal strategies is by purchasing, and then canceling their credit card. Once you learn the things that we teach you, it is obvious that you can't return them. So, we don't offer refunds on the strategies, or the training materials. We also handle those who try to cancel their credit card charge anyway, very aggressively. For our monthly subscription services, see "Canceling Your Services" shown below.
Canceling Your Services
This Agreement will continue to apply until terminated by either you or KI as set out below. If you want to terminate your legal agreement with KI, you may do so by canceling your subscription for the Services. You may cancel your subscription by logging in to your KAT account, and selecting "Cancel My Subscription" which you can click and follow the instructions to cancel your subscription. Your subscription will be canceled and your ability to log in to the Site will be deactivated when your current subscription period ends. KI may, at any time and at its sole discretion, terminate this Agreement with you and your access to KickAssTrader.com: if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); if KI, in its sole discretion, believes it is required to do so by law (for example, where the provision of the Products and/ or Services to you is, or becomes, unlawful); or immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Modifications of These Terms
KI may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on KickAssTrader.com under "Terms Of Use" at the main menu. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Products and/or Services after those changes are posted.
Governing Law and Dispute Venue
This Agreement, and your relationship with KI via KAT, under this Agreement, shall be governed by the laws of the State of Wyoming without regard to its conflict or choice of laws and/or provisions. Any dispute with KI, or its officers, directors, employees, agents or affiliates, arising under, or in relation, to this Agreement shall be resolved exclusively through the small-claims court of the District Court of Wyoming within the county of Sheridan, Wyoming, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case KI may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, KI is able to offer the Products and Services at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement. You also acknowledge and understand that, with respect to any dispute with KI, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Products and/or Services, or this Agreement to the extent allowed by applicable law: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Miscellaneous Additions
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement. You agree that if KI does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which KI has the benefit of under any applicable law), this will not be taken to be a formal waiver of KI's rights and that those rights or remedies will still be available to KI. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. KI makes no representation that materials on KickAssTrader.com are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Software available in connection with the Products and Services (the "Software") is further subject to United States of America export controls. No Software may be downloaded from the Products or Services, or otherwise exported or re-exported, in violation of U.S. export laws. Downloading or using the Software is at your sole risk. This Agreement represents the entire understanding and agreement between you and KI regarding the subject matter of the same, and supersedes all other previous agreements. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAIN ABOVE.
