TERMS AND CONDITIONS
The following are the “Terms and Conditions” which govern the delivery of educational courses provided to you by GOLD MINDS GLOBAL, Inc. (“GMG”).
COURSES: The Courses provided under these Terms and Conditions will be the Advanced Course and the 5 Day Program (the “Courses”). You acknowledge that the nature of the Courses is purely informational. You hereby acknowledge that the content contained in the Courses shall not constitute securities, commodities or any other form of investment advice.
PREREQUISITES: To access the Courses, you must be 18 years of age or older and have the requisite power and authority to enter into these terms and conditions. By signing this agreement you represent and warrant that (a) you are an experienced trader or business person who has the ability to exercise independent financial judgment and (b) capable of sustaining the risks associated with independent financial and prudent business judgment. GMG reserves the right to reschedule the Courses and substitute materials equal to or comparable to the Courses if the need arises, without prior notice.
INTELLECTUAL PROPERTY: GMG has and will retain sole and exclusive right, title and interest in and to all: Courses, confidential information, product and all GMG technology, platforms, methodologies, processes, techniques, ideas, concepts, designs, tools, trade secrets and know-how, and any modifications, improvements or derivative works of the foregoing, including any and all intellectual property rights therein, (collectively, “GMG Intellectual Property”).
GMG Intellectual Property may not be used for any purpose other than your direct viewing. GMG reserves all rights and remedies available to us and nothing in this agreement is intended to limit our rights and remedies. You agree not to record (audio or visual), resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any GMG Intellectual Property and understands that GMG may take immediate legal action against you for violation of any of the provisions of this agreement. You shall be responsible for all attorney fees, court costs, marketing, public relations, lost profit, travel, damages, and other expenses related to such violation. GMG products and Courses, including all materials, information, and content delivered to you through direct communication, electronic or printed media are owned and operated by GMG and are intended for use solely by you. You may not allow another person to use your username and password to obtain access to GMG products or Courses for any reason, including but not limited to time-share.
You shall not use the content to create content of your own that is any way using the content GMG makes available to you and you shall not distribute it outside of GMG and if within, without the express written permission of Dimitri Wallace. This applies even if giving credit to GMG as the originator of the idea or concept. Obviously claiming a concept as your own would be a breach of these Terms and Conditions, as this would be using it in a way other than direct viewing. Teaching the strategies, we teach, in separate forum of any manner electronic, paper, in person or another media type, using content we teach to distribute signals, trading ideas, education, articles or videos whether public, private, for profit or not for profit, would also be a breach of these Terms and Conditions. Attempting to reverse engineer our code or methodologies would be a violation of this agreement. Taking concepts, ideas, codes, formula, education, content of any form and using them in competition with GMG is strictly prohibited.
INJUNCTIVE RELIEF: It is hereby agreed and acknowledged that it will be impossible to measure in money the damage that would be suffered if you breached GMG’s intellectual property rights and the confidentiality covenants as provided herein, GMG will be irreparably damaged and will not have an adequate remedy at law. GMG shall, therefore, be entitled (in addition to any other remedy to which it may be entitled in law or in equity) to injunctive relief, including specific performance, to enforce such obligations, and if any action should be brought in equity to enforce any of the provisions of this Agreement, you shall be liable for GMG’s cost to bring such action including but not limited to reasonable attorney’s fees.
DISPUTE RESOLUTION. GMG will use its best efforts to resolve in good faith and fair dealing any dispute brought by you. You acknowledge and agree that prior to initiating any action: whether judicial, regulatory or commence a complaint or publish a negative review in any online or other forms of media, you shall provide GMG with notice and evidence of the event of default, within 10 days of the Default. GMG shall be under no obligation to refund you the purchase price if you fail to notify GMG of its breach of contract within the time designated in this section. GMG shall retain counsel to review and investigate your complaint in order to appropriately adjudicate your claim. By singing these Terms and Conditions you agree that in the event of a dispute settlement, you will not publish any disparaging remarks against GMG, its owners, employees, agents or affiliates on social media or elsewhere, enable or assist any other person group or associations for the purposes of disseminating disparaging remarks about GMG or personal information regarding any of its owners, employees, agents or affiliates.
ENTIRE AGREEMENT: These Terms and Conditions contain the entire agreement between the parties and supersedes any and all prior agreements, understandings, representations, and statements between the parties, whether oral or written, and whether by a party or such party’s legal counsel. You are entering into these Terms and Conditions based solely on the representations and warranties herein and not based on any promises, representations, and/or warranties not found herein. No modification, waiver, amendment, discharge, or change of these Terms and Conditions shall be valid unless the same is in writing.
MISCELLANEOUS: These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, United States of America, without regard principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in NYC, United States of America, and waive any jurisdictional, venue, or inconvenient forum objection to such courts. If any provision of these Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions are not assignable, transferable or sub-licensable by you. If GMG takes any action to enforce the Terms and Conditions or any other agreement with you that you have violated you shall be liable for all cost and damages, without limiting any of its other legal or equitable rights and remedies, you shall also pay the costs incurred by it in connection with such action, including reasonable attorney’s fees.
ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART EXCEPT AS STATED HEREIN. There are no refunds of any fees or other amounts paid by you in connection with the Courses you have already received from GMG. You may be reimbursed pro rata for any portion of the Courses that GMG failed to perform. GMG’s sole obligations to you under these Terms and Conditions are to: (a) conduct the Courses and (b) provide you with the credentials and/or passwords that would enable any reasonable person to access the Courses. You acknowledge that GMG has made no other promises, representations, or warranties to you as an inducement for entering into these Terms and Conditions. Any courses or materials received in excess of the Courses shall be considered complimentary and GMG is under no obligation to deliver such excess courses or materials. In the event of a charge back by a credit card company, (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you agree that your attendance in the Courses for which such fee has not been paid may be suspended, canceled or terminated, in GMG’s sole discretion, and you remain responsible for the full payment of the portion of the Courses already provided to you. Any attempt to charge back may result in your liability for all collection fees, charge back fees, subscription fees, and any legal fees being associated with the charge back.
DISCLAIMER: All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments and securities (including options and swaps) are not suitable for everyone. GMG does not determine whether any strategy, investment or security is suitable for any individual. GMG makes no representation or warranty that the content provided, regardless of its source, is accurate, complete, reliable, current, or error-free. GMG disclaims all liability for any inaccuracy, error, or incompleteness in the content of the Courses. Content provided in the Courses and other matters are subject to change. You should only trade with money you can afford to lose and only place trades where you understand the risk and the instrument. Trade examples and hypothetical trades do not represent liquidity, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. All of these factors affect whether or not an investment is profitable. For purposes of all products and Courses, even if the trade is live, all trades are to be considered trade examples, based upon hypothetical trades for informational purposes only. Before selling or buying any investment, you should consult with a broker and other financial professionals. This risk disclosure applies to the Courses and products owned by GMG. This service is provided for pure informational purposes only. None of the information provided by GMG should be construed as financial advice. Due to regulations by SEC, NFA, CFTC and other regulatory bodies regarding securities, commodities, fixed income and foreign exchange laws, we are not able to provide trade recommendations or any service that could be thought of as investment, legal, or accounting advice. None of the materials, principals, agents, employees, contractors, or affiliates should be construed to make any type of guarantee of profit or loss. Hypothetical or simulated performance results have certain limitations, unlike an actual performance record, simulated results do not represent actual trading. In addition, since the trades have not been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity, simulated 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 likely or is likely to achieve profit or loss similar to those shown in hypothetical or actual performance records listed on any materials or communicated in any way by anyone associated with GMG. GMG, its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners are not responsible for any profits nor any losses from any of the materials produced by GMG and its subdivisions in any form of media or method of communication. Individuals may express their opinions but this is meant to be seen as that sole individual’s opinion and not the opinion of GMG or its divisions. GMG uses research of a variety of methods to develop material and signals for informational purposes but individuals should perform their own due diligence to determine if such material is suitable for their personal investment decisions. GMG members, owners, employees or agents may or may not have an investment advisor license but they are not acting for you in that capacity at any time. GMG is not acting as registered investment adviser, broker, knowledgeable person, broker dealer, or in any other capacity that would make one believe they should rely on or trade signals given by any such GMG members, owners, employees or agents. If any employee, contractor, possible affiliate, of GMG decides to act in any way other than described in this disclaimer, they must do so separate from GMG. Otherwise, they are doing so without the knowledge or consent of GMG. If you believe any employee, contractor or affiliate is acting in such a manner you must notify [email protected] immediately. From time to time, GMG may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. Dimitri Wallace nor GMG is responsible for any risk or loss you take financially. Dimitri Wallace is not a financial advisor or a Licensed Trader and the products and Courses he provides are for informational purposes only. If you are unsure about your investments, seek financial advice from a registered financial advisor. Please review and sign below to attend the 5-day informational Courses.
GMG has not been approved or disapproved by (a) the United States Securities and Exchange Commission or any other United States federal or state regulatory authority or (b) any federal or state regulatory authority of any state of the European Economic Area, and no such commission or authority has passed upon the merits, accuracy or adequacy of this content, nor is it intended that any will.
The information provided by GMG is not intended to recommend any company, commodity, currency or investment described herein and is not an offer or sale of any security or investment product or investment advice. Representative investments are not to be considered a complete list of all investments made or currently held. Any specific investments listed or discussed do not represent any or all positions purchased, sold or recommended since inception. One should not assume that all investments of GMG are, or will be, profitable.
The information by GMG do not constitute the provision of investment, tax, legal or other professional advice. At certain places on its Courses, GMG may provide links to other websites. These links are provided for convenience only and GMG does not endorse, approve or certify these websites, the contents thereof, their security or privacy policies, or any products/Courses that may be offered by them and does not assume responsibility for the accuracy, completeness or timeliness of the information located on such websites, nor do they necessarily indicate any affiliation between us and the owner(s) of such websites. If you access any third party website through this website or because it is referred to in this website, you do so at your own risk. No reliance may be placed for any purpose on the information and opinions contained herein or their accuracy or completeness, and nothing contained herein may be relied upon in making any investment decision.
INDEMNIFICATION: You agree to indemnify, defend and hold GMG, its Affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms and Conditions or other terms applicable to your use of GMG products and or Courses; (b) any allegation that any materials that you submit to us or transmit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any of GMG products and or Courses.
LIMITATION OF LIABILITY: NEITHER GMG NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND/OR COURSES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT-INCLUDING, WITHOUT LIMITATION-NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR COURSES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.