TERMS OF USE

These Terms of Use govern Your use of this Site and any products or services listed or obtained through this Site or the owner of this Site, Dark Pool Secrets (the “Company”).

DEFINITIONS

As used herein, the term “Products” shall include all products are services obtained from or through this Site or the Company, including but not limited to, (i) any initial course materials as described on the Site, (ii) any information and other data provided to You by the Company on a monthly subscription basis, and (iii) the use of any software or websites.

YOUR ACCEPTANCE OF THESE TERMS OF USE

Acceptance of Terms

These Terms of Use (the “TOU”) and Dark Pool Secrets’ Privacy Policy govern Your use of the Services (as defined below) we provide to You (referred to herein as “You” or “Your”) through https://DarkPoolSecrets.com (including any related sub-domains) and various communication tools, including email and third-party content delivery methods such as through approved mobile applications accessed through any various medium or device now known or hereafter developed.

Please read these TOU carefully. By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Services, and we do not consent to provide You with access to the Services. In addition, when using any of our Services, You and Dark Pool Secrets, its business units, subsidiaries and affiliates (collectively referred to as “Company” or “Dark Pool Secrets,” “we,” “our,” or “us”) shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

Subject to and in compliance with the terms and conditions set forth herein, Dark Pool Secrets may provide its users with access via Dark Pool Secrets Portfolio of Websites to:

• Free content including blogs and forums written by our Columnists, emails, podcasts, webinars and conference calls (the “Free Service”), User-Generated Content (the “Free Service”), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
• Premium content including blogs and forums written by our Columnists, educational content & materials (including presentations/PDFs, blogs, forums, emails, podcasts, webinars and printed materials), Third-Party Content, emails, podcasts, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (the “Premium Service”).

The Premium Service(s) and the Free Service(s) are collectively referred to herein as the “Services”.
You also understand and agree that the Services may include certain communications from Dark Pool Secrets, such as service announcements and administrative messages that You may not be able to opt out of receiving.

Changes to the TOU and Our Services

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change all or any portion of the Services, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content); or
• Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

Any changes we make to the TOU will be effective immediately after we post the modified TOU on Dark Pool Secrets. In the event that You have the TOU cached on Your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser.

Important Disclaimer Regarding the Information We Provide

Dark Pool Secrets is a publisher and education company. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Services are the authors’ own opinions. The Services may contain opinions from time to time with regard to securities mentioned in other Services, and that those opinions may be different from those obtained by using another portion of the Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that certain of Dark Pool Secrets’ affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to Dark Pool Secrets’ investment policy and therefore the preceding paragraph does not apply to Third-Party Content, Dark Pool Secrets makes no representations regarding Third-Party Content, nor is Dark Pool Secrets liable for Third-Party Content.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. In addition, past performance is not an indication of future results.
From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:

• performance results for the portfolio do not reflect actual trading commissions that You may incur;
• performance results for the portfolio 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 for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from Dark Pool Secrets has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
• You may not have the capital to trade as frequently as the portfolio;
• the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.

SHIPPING METHODS

Products shipped by Company may be shipped by DHL, USPS or by any other method at the discretion of Company. A shipping charge will be imposed.

• All orders require at least 24-48 hours processing time before shipping.
• $14.95 fee applies only to order inside the continental USA. See information about shipping outside continental USA.
• Company does not process orders during weekends.
• No deliveries will be made on Saturday or Sunday.
• Company does not guarantee same day shipping.
• Exact delivery times to any location cannot be guaranteed.

Exceptions to Privacy Policy

While we are committed to keeping your information secure and private, we have the following exceptions to our privacy policy: We will release specific information about you or your account to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites, or a physical or property threat to you or others. We may also transfer user information, including personally identifiable information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. Further, the information you enter when making a purchase will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such information may also be shared with necessary third parties solely for the purpose or carrying out the transactions and/or providing you the services which you have purchased. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

Parental Permission

The Sites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children’s exploration of the internet and any online services and use their browser’s parental controls to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

No Professional Advice

Dark Pool Secrets’ services and education products provide information from Stephanie Kammerman, the Stock Whisperer, and a team of analysts on trading options and securities. All investments involve risk, and the past performance of a security, industry, sector, market, financial product, trading strategy, or individual’s trading does not guarantee future results or returns. Investors are fully responsible for any investment decisions they make. Such decisions should be based solely on an evaluation of their financial circumstances, investment objectives, risk tolerance, and liquidity needs.
Dark Pool Secrets’ reference to specific securities should not be construed as a recommendation to buy, sell or hold that security. Specific securities are mentioned for informational purposes only. Dark Pool Secrets’ reference to specific cryptocurrencies should not be construed as a recommendation to buy, sell or hold that cryptocurrency. Specific cryptocurrencies are mentioned for informational purposes only.

Confidentiality and Non-Compete

Users of our Sites hereby understand that the tools, processes, strategies, materials and information presented on our Sites are copyrighted and proprietary, users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Sites proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and Dark Pool Secrets will pursue legal action and full damages if these terms are violated in order to protect its rights.

Dark Pool Secrets’ Proprietary Rights

The Services and the content distributed through the Services, with the exception of any User-Generated Content (as defined below) and Third-Party Content, is the property of Dark Pool Secrets and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Services, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from Dark Pool Secrets, please contact us at 1-516-761-4192. Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. CST. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Dark Pool Secrets, deemed to be property of Dark Pool Secrets, and by submitting such content You irrevocably assign any and all rights to such content to Dark Pool Secrets.
Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.
“Dark Pool Secrets.com”, “Dark Pool Secrets”, the “Dark Pool Secrets Logo”, “Dark Pool Insights”, and certain other marks used on Dark Pool Secrets Portfolio of Websites are trademarks and/or service marks of Dark Pool Secrets. All other trademarks, service marks, and logos used on Dark Pool Secrets Portfolio of Websites are the trademarks, service marks, or logos of their respective owners.

User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Services, You agree not to:

• Restrict or inhibit any other visitor from using the Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
• Use the Services for any unlawful purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
• “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
• Harvest or collect information about users of the Services without their express consent.
  You also agree that at all times You will:
• Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
• Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
• Waive any and all rights against Dark Pool Secrets and hold Dark Pool Secrets harmless in connection with any claims relating to any action taken by Dark Pool Secrets as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
• Maintain and promptly update Your registration data to keep it true, accurate, current and complete.

User-Generated Content and Forums

Public Areas

Certain public areas of Dark Pool Secrets Portfolio of Websites may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of Dark Pool Secrets Portfolio of Websites are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not Dark Pool Secrets, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via Services thereof. Dark Pool Secrets does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high-quality manner to the substantive exchange of information and the subject matter of the content.
In order to comment, users must register with a valid email address and select a user name, member name and password. Please see “Registration and Privacy” above for our TOU regarding registering.
The following is an incomplete list of illegal and prohibited uses of Services. Dark Pool Secrets may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use Dark Pool Secrets Services to:

• Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment You post;
• Express or imply that any statements You make are endorsed by us, without our prior written consent;
• Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable;
• Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights;
• Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity;
• Post any content which, either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization;
• Post any advertising, promotional materials, so called “chain letters”, “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion;
• Offer to sell or buy any product or service or use the services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
• Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
• Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security. Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market; and/or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
Dark Pool Secrets expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the Dark Pool Secrets Portfolio of Websites, You hereby grant, transfer and assign Dark Pool Secrets, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. Dark Pool Secrets does not and cannot review all of the User-Generated Content posted by users on the Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to Dark Pool Secrets. Your use of any User-Generated Content shall be at Your own risk and Dark Pool Secrets makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. Dark Pool Secrets does not control the User-Generated Content posted via the Services and, as such, does not guarantee the accuracy, integrity, timeliness, or quality of such User-Generated Content. You understand that by using the Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although Dark Pool Secrets reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.

YOU UNDERSTAND THAT DARK POOL SECRETS DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.

Dark Pool Secrets retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, Dark Pool Secrets has the right to delete any User-Generated Content that Dark Pool Secrets believes, in its sole discretion, does or may violate the TOU.
You expressly agree that under no circumstances is Dark Pool Secrets responsible, nor will Dark Pool Secrets be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by Dark Pool Secrets or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than Dark Pool Secrets, posted on any of its websites.

FORUMS

Certain areas of this Dark Pool Secrets.com web site available through the Member Services enable you to access online forums where you can post messages (“comments”) and read messages posted by other users (the “Forums”). Some of the Forums topics are selected by Dark Pool Secrets and others are created by users. The Forums are a free service provided to users of Dark Pool Secrets. Dark Pool Secrets does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by Dark Pool Secrets or a user. By posting a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.
You agree to be fully responsible for your own postings and agree to access and use the Forums at your own risk on an as-is basis. While Dark Pool Secrets has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with these Terms of Use, to guide the discussion on the Forums, for other reasons or no reason at all. Dark Pool Secrets cannot and does not guarantee that it will post or continue to post every message or other content you or other users submit to the Forum. Also, Dark Pool Secrets reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dark Pool Secrets’ sole discretion.
You must abide by the following rules in connection with your use of the Services.

• You agree to post only messages that relate to the subject matter of the Forum;
• You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• You agree that your name will be displayed to other users of the Forums. Dark Pool Secrets will display the full name (i.e., first and last) which you provided when you registered to use the site or purchased a premium service, unless you specifically request to change this name and are granted permission to do so by us;
• You agree not to impersonate any person or entity, including, for example, an Dark Pool Secrets employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words;
• You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer;
• You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters”, and “pyramid schemes;”
• You agree not to solicit or contact other members in order to offer for sale any products or services, or to engage in any prospective or current business communications with members, through the Forums or by using the Membership Services;
• You agree not to conduct contests or distribute chain letters through the Forums;
• You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation; and
• By posting a message, uploading a file, or engaging in any other form of communication through a Forum, you are granting Dark Pool Secrets a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.

You agree to indemnify and hold Dark Pool Secrets and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney’s fees) that arise out of any of your postings and any material contained therein.

YOU UNDERSTAND THAT DARK POOL SECRETS DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.

What to do if you believe a posting violates these Terms of Use:

If you believe that a posting in a Forum violates these Terms of Use, we encourage you to contact Dark Pool Secrets by sending an email using support@DarkPoolSecrets.com that identifies the applicable posting and the screen identity of the person who made the posting. Dark Pool Secrets cannot guarantee that any action will be taken as a result of your email.

Links to Other Websites and Viral Links

Your use of certain features and certain Third-Party Content made available to You by Dark Pool Secrets may be governed by additional rules, which are available on our websites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
Content available through the Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Viral Links

You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room (“Third-Party Site”). If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with Dark Pool Secrets’ viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
Dark Pool Secrets hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:

• You may display only an excerpt of the content not to exceed 50 words that must be followed by a link to the full content of the Service. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Premium Service; and
• The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on Dark Pool Secrets”)

Any website that links to Dark Pool Secrets Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless Dark Pool Secrets has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of Dark Pool Secrets; and (c) must not display any excerpt of Dark Pool Secrets content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.

Disclaimer of Warranties

The Services, and any content obtained or accessed through the Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Dark Pool Secrets, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
Dark Pool Secrets and its affiliates, suppliers, agents and sponsors do not warrant and accept no liability that Your use of the Services and any content contained therein, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Dark Pool Secrets and its affiliates, suppliers, agents and sponsors accept no liability for any software downloaded from the Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of Dark Pool Secrets or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. Dark Pool Secrets and its affiliates, agents and sponsors will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Dark Pool Secrets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.
A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Services. In the event that such a situation arises, please contact us at support@DarkPoolSecrets.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.

Under no circumstances shall Dark Pool Secrets be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

Limitation of Liability

NEITHER DARK POOL SECRETS NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH Dark Pool Secrets, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

Indemnification

You agree to indemnify, defend and hold harmless Dark Pool Secrets our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.

If You believe in good faith that materials displayed on Dark Pool Secrets Portfolio of Websites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, Dark Pool Secrets, Inc., 351 W. Washington Street, Kearney, Missouri 64060 with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.

Repeat Infringement

We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of Missouri, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to mediation in the State of Missouri. If any of these terms of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms of use and will not affect the validity and enforceability of the remaining provisions. These terms may be modified only by our posting of changes to these terms of use on our Sites.

YOUR ACCEPTANCE OF OTHER AGREEMENTS

When You register for events through this Site or from the Company, You may be asked to agree to special terms governing attendance. In such cases, You may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the click-through agreement.

OWNERSHIP OF SITE AND PRODUCTS

The Company owns and operates this Site and the information, materials, product names and services available on it. The Company also owns the Products and the information and materials available in connection therewith. All content including, but not limited to, text, graphics, logos, buttons, icons, data compilations, and images is the property of the Company, its licensors, or its content suppliers and is protected by U.S. and international copyright and trademark laws. The compilation (collection, arrangement, and assembly) of all content on this Site or contained in the Products is the exclusive property of the Company and is protected by U.S. and international copyright laws. All software used on this Site is the property of the Company or its suppliers and is protected by U.S. and international copyrights laws.
You do not acquire any ownership rights to this Site and its content, the Products, or any intellectual property, trademarks, or logos of the Company by Your use of this Site or the Products. You acknowledge that this Site and its contents and the Products are valuable commercial assets which the Company has expended substantial time and resources to develop. You expressly agree that the Company and its affiliates retain all ownership rights to this Site and its contents, to the Products, and to any intellectual property, trademarks, or logos of the Company.

LIMITED LICENSE AND USE OF SITE AND PRODUCTS

You are hereby granted a limited, revocable, non-exclusive right to access and use this Site and the Products subject to the limitations set forth herein.

Use of Site. You are responsible for all activities that occur with the use of Your account and password. You agree to provide true, accurate, current and complete information about Yourself including, but not limited to, credit card information and electronic mail address, and to maintain and update this information to keep it true, accurate, current and complete. Upon expiration of Your credit card, You shall notify the Company of the new credit card expiration date and all other relevant new information pertaining to the new credit card.

This Site is intended for personal use only, and You may not use this Site or any of its content for the benefit of any other company or merchant. You may not use any data mining, robots, or similar data gathering and extraction tools on this Site or its content. You may not reproduce, duplicate, copy, visit, or otherwise exploit this Site or its content for any commercial purpose other than as expressly allowed under these Terms of Use or without express written consent of the Company.

User posted content. You shall not upload, post, transmit, share, store or otherwise make available any content to this Site that the Company deems, in its sole and absolute discretion, to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. You are solely responsible for any content that You upload, publish or display, or transmit to or share with third-parties through this Site. You may not post, transmit, or share any such content that You did not create or that You do not have permission to post. You understand and agree that the Company may, but is not obligated to, review any such content and may delete or remove (without notice) any such content in its discretion, for any reason or no reason, including content that in the sole judgment of the Company violates these Terms of Use.

Any communications or material of any kind that You email, post or otherwise transmit through this Site, including data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary. The Company is free to use any ideas, concepts, know-how or techniques contained in Your communications for any purpose including, but not limited to, developing and marketing products using such information without compensation to You.

Use of Products. You may not reproduce, republish, resell or undertake any such similar use of the Products. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without a specific license to do so. You may not use any meta tags or any other “hidden text” utilizing the Company’s name, logo or trademarks without the express written consent of the Company.

DISCLAIMER

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. You ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS You CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

LEGAL RELATIONSHIP

Nothing in these Terms of Use creates the relationship of principal and agent, partner, or joint venture. Neither You or the Company may represent itself as having any authority to make contracts or enter into any agreements in the name of the other. In connection with Your use of this Site and the Products, You shall not represent Yourself as having any license, knowledge, experience or capacity which You do not have. You agree that You shall be fully responsible for any and all actions, inactions or other business dealing You or any third-parties undertake in connection with, or arising out of, Your use of this Site or the Products, and the Company shall not be liable to You or any third-party in any manner in connection therewith.

GOVERNING LAW, JURISDICTION AND VENUE

Any claim relating to this Site or the Products shall be governed by the internal laws of the State of Missouri, without reference to its choice of law provisions. Any dispute relating in any way to Your use of this Site or the Products must be submitted to confidential binding arbitration in Clay County, Missouri, except that, to the extent You have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court, and You consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

WAIVER

Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right.

MODIFICATION AND SEVERABILITY

The Company reserves the right to make changes to this Site, the Products, and these Terms of Use at any time. Your continued use of this Site and/or the Products shall be deemed to be Your continued acceptance of the Terms of Use as amended, if applicable. If any provisions herein shall be deemed invalid, void, or unenforceable for any reason, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any click-through agreements applicable to You) represent the entire agreements between the parties with respect to the subject matter thereof, and supersede all previous agreements, whether oral or written.