Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

Effective Date: June 6, 2017

To review material modifications and their effective dates scroll to the bottom of the page.

1.Parties. The parties to these Terms of Use are you, and the owner of this DirectionalAlpha.com website business, www.DirectionalAlpha.com ("Directional Alpha"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Directional Alpha.

2.Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.

3.Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4.How We Treat Postings To This Site (Blog, Forum, or Chat Room).

4.1We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.

4.2We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

4.3By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

5.Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

6.Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.

7.Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

8.Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

9.DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Notification of Claimed Infringement:

www.DirectionalAlpha.com
Email Address: www.DirectionalAlpha.com / info@DirectionalAlpha.com

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

10.Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Notice: This document is Copyright © Chip Cooper of the law firm of Jones & Haley, P.C., and licensed for use by the owner of this website under distribution rights granted to FTCGuardian.com. All rights reserved worldwide. No part of this document may be copied, reprinted, reproduced, or transmitted in any form or by any means without the prior written permission of the copyright owner.

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Subjective Subject Matter Disclaimer For Single Author; No Obligation to Update Information.

The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information.

OTHER DISCLAIMERS

Subjective Subject Matter Disclaimer For 3rd Party Author; No Obligation to Update Information.

In case the third parties post on this site, these are views of others and have either been submitted to us, or found on the Internet and published as a fair use. These views expressed on this site are solely those of 3rd party authors and do not in any way reflect our views. This site is solely a provider of useful articles and hereby disclaims all liability for any damages or injury or other harm arising from this website. We are not obligated to update any information attributable to 3rd party authors.

Securities Disclaimer; No Investment Advice or Recommendations.

This site and the information provided herein is for informational and educational purposes only, and no investment, tax, legal, insurance advice is intended or given. Nothing on this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or (ii) a recommendation regarding any security. Information in videos, articles, and blog posts on this site that discuss specific securities is general in nature, is not tailored to the investment needs of any particular person, and should not be relied upon without independent verification. Information in videos, articles, and blog posts on this site may affect the market prices of the securities discussed. Investment decisions are subject to certain risk factors that may not be discussed completely, or at all, on this site. We believe that any performance data provided on this site is provided from sources we deem to be reliable; however, we do not guarantee the accuracy or completeness of any such data. You should verify any such data through your own sources. Your Investment decisions and strategies should be determined solely by you in the exercise of your own judgment based on your unique investment objectives and financial circumstances. If you need professional advice, you should consult your own professional advisors.

In terms of opinions, our opinion and/or statements about companies that we analyze or profile is neither unbiased nor independent and you should consider that fact when evaluating any of the companies profiled. Do not base any investment decision upon any materials found on this website or in our email or other marketing/advertising materials. We are not registered as a securities broker-dealer or an investment adviser neither with Financial Industry Regulatory Authority, Inc. (FINRA), nor with the U.S. Securities and Exchange Commission (the "SEC") or with any state or provincial securities regulatory authority. We are neither licensed nor qualified to provide investment advice. www.DirectionalAlpha.com and/or its Staff are not providing investment advice. www.DirectionalAlpha.com and/or its Staff are not seeking nor managing third party money nor seeking advisory clients. Nothing on this site should be construed as investment, financial, legal, accounting, and/or tax advice. Likewise, nothing on this site should be construed as an offer, or solicitation of an offer, to purchase or sell any security or other financial instrument. References to any specific securities on this site are for informational and/or educational purposes only. Visitors should consult with their own financial, legal, accounting, and/or investment advisers and/or tax planners before making any investment or financial decisions based on the information found on this site. All investments involve the risk of loss, including the loss of principal.

www.DirectionalAlpha.com does not hold itself out as a Commodity Trading Advisor (“CTA”), nor an Asset Management Firm nor is an Investment Advisor. www.DirectionalAlpha.com is not managing third party funds, nor seeking third party investments. Given this representation, all information and material provided by www.DirectionalAlpha.com is for educational purposes only and should not be considered specific investment advice. www.DirectionalAlpha.com is not providing this information as advice, nor are we providing this information based on or tailored to your specific circumstance or trading activity. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional.

You acknowledge that we do analysis and you must not take these analyses as advice or guidance regarding investment, finance, legal, accounting, or taxes. You acknowledge that you are responsible on your decisions and actions and you must be in compliance with federal and state laws or the appropriate investment, finance, legal, and/or tax treatment of analyses. You acknowledge that you will review any calculations made by using our website and/or its content or analyses regardless its format and you must carry your own calculations at your own risk.

Too, we are not a consumer reporting agency and data provided by us does not constitute a consumer report as that term is defined in the Fair Credit Reporting Act (FCRA), 15 U.S.C.A. sec 1681 et seq. Before using any data obtained from any source as a factor in establishing a consumer's eligibility for credit, insurance or employment, you should consult with your attorney for uses that might be regulated by FCRA.

We are not providing legal advice. This site is not intended to create an attorney-client relationship, and no attorney-client relationship will be created or legal advice given through your use of this site, its services and content. No special relationship or privilege exists between you and this site. You will be representing yourself in any legal matter you undertake as a result of your use of this site, its services and content.

This site provides (i) articles, newsletters, and content for informational purposes only, and (ii) analysis in many forms such as documents, webinars, courses, blog postings, and alike. In the process of providing this information or content, this site is engaged in the publication of information regarding issues commonly encountered in different industries and topics. This site is not a substitute for the advice of a financial advisor, an investment advisor, an attorney, an accountant, a tax professional, an economist. or alike. This site does not review any of your answers to questions for sufficiency, nor it provides legal advice, nor analyze applicable law nor apply it to your specific requirements. Accordingly, if you need any of these advices as mentioned above for any specific issue, you are advised to seek the advice of any or all of these professionals.

Disclaimer For Blog Posts by Others. www.DirectionalAlpha.com and its Staff do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post "success story" or "best-case" scenario testimonials (as distinguished from subjective opinions), you should assume that their results are NOT typical.

Indemnification. You agree to indemnify, defend, and hold harmless www.DirectionalAlpha.com and their respective subsidiaries, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to www.DirectionalAlpha.com’s Online Access from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you.

By posting messages, uploading posts or documents or files, or making statements via blog postings, inputting data or engaging in any other form of communication to or within www.DirectionalAlpha.com’s website, you grant to www.DirectionalAlpha.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by www.DirectionalAlpha.com of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against www.DirectionalAlpha.com for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that www.DirectionalAlpha.com is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

By using the services offered by www.DirectionalAlpha.com, or using this website the user agrees that the author and any other entities associated with the www.DirectionalAlpha.com shall not be held liable for any direct, indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, messages, education, and any other information contained or disseminated in regard to its use and understanding. Use this site and the services offered by www.DirectionalAlpha.com at your own risk. Neither guarantee of performance results nor any anticipated return on investment is offered at any time. Past performance is no guarantee of future results. None of the information provided by www.DirectionalAlpha.com constitutes a solicitation to trade Stocks, Bonds, Fixed Income, Derivatives, Options, Forex or buy or sell any of these instruments and/or contracts.

The information provided on this website is deemed reliable but not guaranteed. You should verify all information through personal inspection and appropriate professionals. The content, analytical wok, papers, knowledge products, and information in this website represent an opinion of the authors based on their analysis on the subject. This should be taken and considered for educational and/or informational purposes, which is subject to changes. As such, the reader should consider that it is subject to changes both at present and in the future. The www.DirectionalAlpha.com website (www.DirectionalAlpha.com), the 360 Pagers, Article Postings, and Blog Postings are published by www.DirectionalAlpha.com. Information contained in such publications is obtained from sources believed to be reliable, but its accuracy cannot be guaranteed. The information contained in such publications is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The opinions expressed in such publications are those of the publisher and are subject to change without notice.

The information in such publications may become outdated and there is no obligation to update any such information. You are advised to discuss with your financial advisers your investment options and whether any investment is suitable for your specific needs prior to making any investments. Further, the analysis and materials contained herein are for informational purposes only and do not constitute legal, financial, tax, accounting or investment advice. The studies and analysis conducted in this website, its postings, webinars, courses, and papers were constructed for illustrative purposes on the basis of knowledge, models and sources generally accepted by the market practitioners. Its results may differ from the developments of markets, corporate, economic and/or political events at present and/or in the future. Any action and/or decision of any kind based on the use of the information contained in this document are under the sole and only responsibility of the reader/user of this document. The information contained herein is provided “as is” without any express or implied guarantee. The authors of this the content, analytical wok, papers, knowledge products, and information in this website report neither are nor will be liable for damages and/or financial and/or economic direct, indirect, special, consequential, punitive or incidental damages, monetary losses and/or arising and/or related to the use or unauthorized use of the findings, conclusions, and material contained in this report.

Investing is inherently risky and there are risks inherent in all investments, which may make such investments unsuitable for certain persons. These include, for example, economic, political, currency exchange, rate fluctuations, and limited availability of information on international securities. You may lose all of your money trading and investing. Do not enter any trade without fully understanding the worst-case scenarios of that trade. And do not trade with money you cannot afford to lose. Past performance of an investment is not necessarily indicative of its future results. No assurance can be given that any implied recommendation will be profitable or will not be subject to losses. Hypothetical results are reported: results and examples used in the Company’s advertisements, books, videos, websites, and other media, including on this site, are, in some cases, based on hypothetical (simulated) financial models and trading models. Hypothetical performance results have certain limitations used in models. Unlike an actual performance record, hypothetical results do not represent actual trading. Hypothetical financial models and trading programs derived from models generally are also subject to the fact that they are designed with the benefit of hindsight. Hypothetical results also do not account for commissions or slippage. Readers are at their own risks when they use the information, analysis, and models in this website, without making liable to www.DirectionalAlpha.com for the results of their own decisions. Statements regarding income, whether expressed or implied, do NOT represent a guarantee. Any opinions, news, research, analysis, prices, or other information contained on this website or other promotional material is provided as general market commentary, and does not constitute investment advice or a solicitation to buy or sell any financial instruments and/or market instruments, contract or securities of any type. www.DirectionalAlpha.com will not accept liability for any loss or damage, including without limitation to any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

Examples published by the www.DirectionalAlpha.com or in this website are selected for illustrative, informational, and/or educational purposes only. No independent party has audited any hypothetical performance contained at this Web site, nor has any independent party undertaken to confirm that they reflect the trading method under the assumptions or conditions specified.

Offers disinterested commentary and analysis: www.DirectionalAlpha.com does not receive any form of payment or other compensation for publishing information, news, research, or any other material concerning specific securities on the network that is intended to affect or influence the value of securities.

www.DirectionalAlpha.com and other entities in which he has an interest, employees, officers, family, and associates may from time to time have positions in the securities or commodities covered in these publications or its website. www.DirectionalAlpha.com and its management may benefit from an increase or decrease in the share prices of the profiled companies or economic scenarios in any markets. If a particular security featured in a newsletter publication is concurrently owned by www.DirectionalAlpha.com in its corporate brokerage account, or in any of the individual accounts of the Company’s staff, that fact will be disclosed.

www.DirectionalAlpha.com and its Staff may choose to purchase a security or derivative featured in one of its newsletter publications, but typically will wait 3 (three) trading days from the date of publication before initiating said purchase. Company policies are in effect that attempt to avoid potential conflicts of interest and resolve conflicts of interest that do arise in a timely fashion.

By using www.DirectionalAlpha.com website and other services provided, you agree not to hold www.DirectionalAlpha.com, or any of its affiliates, liable for decisions that are based on information contained in blog posts, reader responses to blog posts, or information anywhere else on their website or in promotional material.

By using www.DirectionalAlpha.com website you agree to the Terms of Use, the Privacy Policy, and other Disclaimers of this website. You also agree and accept that these Terms, Conditions, and Disclaimers will be updated regularly and it is your responsibility to review all updates frequently and on a regular basis by visiting www.DirectionalAlpha.com website.

You acknowledge and understand that our content, documents, courses, and training are in different formats.They are intended for informational and educational purposes. You acknowledge and understand that all content will be updated continuously without notice. You accept this arrangement and understand that all content will be released in a timely manner for any products and services you have purchased.

Course content and its titles are subject to change without notice. The subscription is non-transferable and is to be used only by you. You will not share the username/user id and password with anyone, even if that person has his or her own Online Access. Such sharing of usernames/user IDs and passwords is a violation of this Agreement and will result in immediate suspension of your privileges to any Online Access at www.DirectionalAlpha.com without refund. www.DirectionalAlpha.com monitors its website, including the use of Online Access, for visitors and enforces its one subscriber-one user policy diligently.

www.DirectionalAlpha.com may provide you feedback about your performance on the courses in our electronic products and services. This is intended to highlight areas of your strengths and weaknesses. You understand that the performance feedback is meant to assist you in your preparation for the exam and is in no way intended to act as a projection or a forecast of your actual performance. The feedback is intended only as a diagnostic tool of your knowledge, and your practice may be affected by factors beyond www.DirectionalAlpha.com’s control. The content created by you in www.DirectionalAlpha.com’s website will remain the sole property of www.DirectionalAlpha.com.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from www.DirectionalAlpha.com’s website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to www.DirectionalAlpha.com’s website or the Site or Website, no confidential, fiduciary, contractually implied or other relationship is created between you and wwwDirectionalAlpha.com's affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use. www.DirectionalAlpha.com shall not be responsible for the payment of any monies to any party in connection with www.DirectionalAlpha.com ‘s use of Communications submitted by you to the www.DirectionalAlpha.com’s website.

Online Access Policy

You agree and acknowledge that online access to learning materials shall be granted for a limited period of time from the date of purchase that are subject to change without notice.

Price Information

Otherwise stated explicitly, all prices displayed on this Site are quoted in United States Dollars and subject to change without notice at any time at Directional Alpha’s discretion.

Returns and Refunds Policy.

Purchases of downloadable products/services are final and non-refundable. Purchases of online product and services packages, downloads, eBooks, electronic and online products/services, extended online access, and previous year sales are final and non-refundable. Knowledge Products “360 Series” papers Cancellation / Refund Policy. Knowledge Products of the “360 Series” papers once they are purchased, paid, and electronic delivery is completed (that happens upon payment), are not refundable and no returns will be accepted. Once electronic delivery is completed.

Subscriptions such as the monthly subscription can be canceled anytime upon receiving a notice via our contact form. Past subscription payments are considered final and not refundable.

Returns of paper-based materials will be accepted within 10 (ten) working days of the date you receive your order. NO returns will be accepted less than 10 (ten) working days prior to the training event, regardless of when the order was received. All returns are subject to a return fee of $100 (one hundred United States dollars). The paper-based materials must be returned in original, like-new, resalable condition and in the original packaging and/or shrink-wrap in order to be considered for a refund.

Defective materials may be exchanged for the same product within 30 (thirty) working days of delivery.

Cancellation of any individual physical component that are not electronically delivered or are not online products as described earlier, contained within a product package will require the remaining items to be charged at full retail value plus a $100 (one hundred United States dollars) cancellation fee. In case of products to be delivered, all associated shipment costs, including duties, customs and/or brokerage fees, are non-refundable and are the responsibility of the customer.

Requests for orders to be cancelled after they are processed will result in the refund after applying a $100 (one hundred United States dollars) administrative fee. If the order has been shipped and is in transit with postal services, the refund amount will be that refund amount less the shipment costs, in addition to the refund fee of $100 (one hundred United States dollars).

You must contact us through email by using the contact form in the contact section of our website to obtain a return authorization (RA) number and to arrange the location and address to return the materials. The box the materials are returned in must be postmarked within 14 working days of receipt of the order, and you need to write the RA number on the outside of the box. Refunds will be issued to the original payment method within 30 to 45 working days after the return is received.

If Directional Alpha cancels or changes the training event, www.DirectionalAlpha.com will try to reschedule all training events that are cancelled and/or changed. We can cancel or amend all our courses until 3 (three) working days before the organized date, but we will keep you updated of any changes.

Cancellation policy for your Live or Face-to-Face Classes, Online Courses, Web-based Courses, Classes, and Training.

You may cancel within 10 (ten) working days after the date of your purchase, unless the event falls within the same period. In that case, no refund will be made if you make a cancellation within 10 (ten) working days before the date of the training. Note that any kind of training are only eligible for cancellation and refund within 10 (ten) working days of purchase, and only if the course or class has NOT been accessed and/or taken place. A $100 (one hundred United States dollars) administrative fee will apply. Web-based courses and classes may not be eligible for Replays or Retakes, as archives are available. In this case, we have the right to change this policy at any time without notice.

Cancellation requests must be provided in writing via email to Directional Alpha by using the contact form in the contact section of the website 10 (ten) working days in advance of the training event start date. Refunds will be issued, less a $100 (one hundred United States dollars) processing fee. No refunds can be granted if cancellation occurs less than 10 (ten) working days prior to the training event start date of the event, or if the registrant fails to attend.

If you cancel your enrollment in a Live Class or Face-to-Face Training Classes can only be cancelled before 20 (twenty) working days of the training or classes start date. You will receive a full refund upon the return of unused materials, for up to 30 working days after the date of purchase. If you cancel your enrollment before 20 (twenty) working days of the training or class start date, a fee of $100 (one hundred United States dollars) will apply. All class materials must be returned in original, like-new, resalable condition and in the original packaging and/or shrink-wrap. In the unlikely event that we cancel a class, you will be notified in advance whenever possible, and you will be eligible for a full refund.

Please make sure you notify us via the online form in our contact section. All such requests must include the contact details you provided as part of the purchase process. For full details of our cancellation policy, please review periodically our terms and conditions section.

Reschedules and Transfers

If you need to reschedule (change the date) or transfer (change the location of) your public live training, please contact us through email by using the online contact form in the contact section. All reschedule/transfer requests are subject to space availability in the requested training dates. The rescheduled/transferred training must be of the same title as the prior enrollment. If you would like to reschedule/transfer to a training of a different title, a return will be processed and you will be enrolled in the new class, provided your request is received within 30 (thirty) working days of original purchase, subject to a $100 (one hundred United States dollars) fee stated herein.

All refunds, returns, cancellations, transfers policies are subject to change without notice. Please review and check any updates by visiting www.DirectionalAlpha.com website periodically.

Working Days or Business Days are those from Monday through Friday from 9pm to 6pm Eastern Standard Time, that are neither weekends nor holidays in the USA.

Price Adjustments

Discount or pricing adjustment requests will be accepted within 30 (thirty) days of the date your order was processed for fulfillment. We are unable to honor discounts or issue refunds for orders processed beyond that timeframe. Discounted pricing cannot be combined with any other offers, coupons, discounts, or promotions. We reserve the right to correct any incorrect pricing / charges that may have occurred.

Typographical Errors. In the event that a www.DirectionalAlpha.com product or service is mistakenly listed at an incorrect price, www.DirectionalAlpha.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.DirectionalAlpha.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.DirectionalAlpha.com shall issue a credit to your credit card account in the amount of the incorrect price.

Shipping Policy

In case of materials that need shipment, we will shipped that materials as promptly as possible based on product availability, usually within 5 working days after receipt of order and payment processing. www.DirectionalAlpha.com has the right to choose the best shipment and postal service available and you acknowledge and agree with this. In case of shipments, all orders sent from www.DirectionalAlpha.com’s website are subject to a shipment contract, where the risk of shipment loss pass to the customer upon www.DirectionalAlpha.com ‘s delivery to the shipping carrier.

Ownership and Trademarks: “Directional Alpha” are names owned by www.DirectionalAlpha.com, its affiliates, and/or representatives (collectively, ”Directional Alpha”). Nothing on this site shall be interpreted as granting any license or right to use any image, mark, logo or service mark on the site. Copying or downloading material from this site does not transfer title to any material on this site to you. Anything transmitted to this site by you becomes www.DirectionalAlpha.com’s property and may be used by us for any lawful purpose. www.DirectionalAlpha.com reserves all rights with respect to copyright and trademark ownership of all material at this site, and will enforce such rights to the full extent of the law. The material on this site is the copyrighted and confidential work of www.DirectionalAlpha.com and may not be reproduced for any reason whatsoever without the prior consent of www.DirectionalAlpha.com. www.DirectionalAlpha.com is not responsible for the content of any site linked or linking to this site. Your linking to any off-site pages or other sites is at your own risk.

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ADDITIONAL POLICIES

By visiting the www.DirectionalAlpha.com website or submitting your personal information to us, you accept the terms described in the Terms of Use, Privacy Policy, and other Disclaimers in this website. From time to time we may modify these rules. We will notify you of any significant change by posting a notice on our home page and information collection forms. Your continued use of the www.DirectionalAlpha.com website after any modification indicates your agreement to the new terms.

THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

1.Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The Terms of Use, Privacy Policy, and other Disclaimers in this website are subject to change without notice. Please review them periodically at www.DirectionalAlpha.com.

2. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

3.Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.

4.Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

5.Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. We apply similar procedure regarding Maryland Consumer Protection Act (CPA) - Md. Code, Com. Title 13. All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

www.DirectionalAlpha.com
Contact: info@DirectionalAlpha.com

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

The Consumer Protection Division of the Office of the Maryland Attorney General may be contacted in writing at 200 St. Paul Place Baltimore, MD 21202 or by telephone at 1-410-528-8662.

6.Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Bethesda, Maryland, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Maryland, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

7.Jurisdiction And Venue. The courts of Montgomery County in the State of Maryland, USA and the nearest U.S. District Court in the State of Maryland shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

8.Controlling Law. This Agreement shall be construed under the laws of the State of Maryland, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

9.Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

10.Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

11.Privacy. Please review this site's Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site's home page.

22. ROSCA BILLING INFORMATION TRANSFER CONSENT FORM. The Restore Online Shoppers Confidence Act (ROSCA) requires us to make certain disclosures and to obtain your consent PRIOR to receiving any of your billing information from your current merchant that forwarded you to this directionalalpha.com website.

1.Description of Material Terms of This Transaction Including Cost: a monthly subscription for premium content cost is $18 per month. The Knowledge Products listed in the Portfolio section of www.DirectionalAlpha.com's website that are a collection of our analytical work that we also call “360 Series” papers, cost $30, or $37, or $40 depending on the topic. Consulting Services cost $100 for a 30-minutes consultation and $500 for each on-going hour consultation.

2.This website is operated by www.DirectionalAlpha.com; we are NOT affiliated with your current merchant that forwarded you to this website.

3.If you agree to our collection of your billing information, please indicate your consent BY CLICKING ON “I ACCEPT” OR BY CLICKING AND CHECKING “I AGREE WITH THE TERMS OF USE”, OR BY CLICKING ON THE “SELECT” BUTTON, OR BY CLICKING “SUBMIT AND CHECKOUT” BUTTON, OR “BY CLICKING ADD TO CART” BUTTON, OR BY DOWNLOADING THE MATERIALS IN EACH OF THE RESPECTIVE SECTIONS, YOU WILL INDICATE YOUR AGREEMENT WITH THIS AGREEMENT AND ALSO TO THE TERMS OF USE, PRIVACY POLICY, LEGAL DISCLAIMER, AND OTHER DISCLAIMERS POSTED IN WWW.DIRECTIONALALPHA.COM’s WEBSITE.

Material Modifications: Since June 30, 2017: none.

https://www.ftcguardian.com/

WHEN USING THIS WEBSITE AND/OR SUBSCRIBE TO PREMIUM CONTENT BY CLICKING ON “I ACCEPT” OR BY CLICKING AND CHECKING “I AGREE WITH THE TERMS OF USE”, OR BY CLICKING ON THE “SELECT” BUTTON, OR BY CLICKING “SUBMIT AND CHECKOUT” BUTTON, OR “BY CLICKING ADD TO CART” BUTTON, OR BY DOWNLOADING THE MATERIALS IN EACH OF THE RESPECTIVE SECTIONS, YOU WILL INDICATE YOUR AGREEMENT WITH THIS AGREEMENT AND ALSO TO THE TERMS OF USE, PRIVACY POLICY, LEGAL DISCLAIMER, AND OTHER DISCLAIMERS POSTED IN WWW.DIRECTIONALALPHA.COM’s WEBSITE AND YOU ALSO WILL INDICATE YOUR AGREEMENT WITH OUR FORUM USE AGREEMENT DESCRIBE BELOW. BY SUBMITTING ANY MATERIAL TO OUR FORUM OR BLOG, YOU FURTHER ACKNOWLEDGE YOUR ACCEPTANCE OF OUR FORUM USE AGREEMENT.

FORUM USE AGREEMENT

Effective Date: June 6, 2017

To review material modifications and their effective dates scroll to the bottom of the page.

www.DirectionalAlpha.com (“Directional Alpha”) owns and operates this directionalalpha.com website business. All references to “we”, “us”, this “website” or this “site” shall be construed to mean Directional Alpha. The following describes our agreement regarding posts and comments on our forum or blog (the “Forum”).

This legal Agreement between you and Directional Alpha consists of this Forum Use Agreement, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site’s home page. If there is any conflict between this Forum Use Agreement and the Terms of Use, this Forum Use Agreement shall take precedence.

Please understand that any message posted on the Forum expresses only the views of the author of that message and does not necessarily reflect our views or the views of any other person on the Forum.

We require submissions stating facts to be accurate and that your opinions to be genuine and offered in good faith.

Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited. Do not submit or include in your submissions any material from others without the express permission of the copyright holder.

We will remove any offending submission at the request of the copyright owner in accordance with the DMCA Notice and policy provided in our Terms of Use.

We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to the Forum. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.

By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.

By using or submitting any information to the Forum, you agree to indemnify us, and our employees, officers, directors, associates, affiliated advertisers, and their related companies, to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your use or submission of such information.

We will not treat information that you post to the Forum as proprietary, private, or confidential. You grant us royalty-free, worldwide, irrevocable, perpetual, non-exclusive permission to publish, use, edit and translate your submission or any media or method now known or hereafter developed and in any way deemed appropriate by us.

Material Modifications: Since June 6, 2017: none.

WWW.DIRECTIONALALPHA.COM (“DIRECTIONAL ALPHA”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT” OR BY CLICKING AND CHECKING “I AGREE WITH THE TERMS OF USE”, OR BY CLICKING ON THE “SELECT” BUTTON, OR BY CLICKING “SUBMIT AND CHECKOUT” BUTTON, OR “BY CLICKING ADD TO CART” BUTTON, OR BY DOWNLOADING THE MATERIALS IN EACH OF THE RESPECTIVE SECTIONS, YOU WILL INDICATE YOUR AGREEMENT WITH THIS AGREEMENT AND ALSO TO THE TERMS OF USE, PRIVACY POLICY, LEGAL DISCLAIMER, AND OTHER DISCLAIMERS POSTED IN WWW.DIRECTIONALALPHA.COM’s WEBSITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN DIRECTIONAL ALPHA IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.

USER AGREEMENT

Effective Date: June 6, 2017

To review material modifications and their effective dates scroll to the bottom of the page.

Parties. The parties to this legal Agreement are you, and the owner of this directionalalpha.com website business, Directional Alpha. If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing. All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean this directionalalpha.com website business and Directional Alpha.

Agreement. The legal Agreement between you and Directional Alpha consists of this USER AGREEMENT and our Privacy Policy which are incorporated herein and accessible on this site’s home page. If there is any conflict between this USER AGREEMENT and the Terms of Use, this USER AGREEMENT shall take precedence.

Modification of Agreement. We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s home page and/or by giving you prior notice of a modification. You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

Account Eligibility. Accounts are not available to minors under the age of 18 years of age. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.

Account Services. Establishing an account authorizes you to use services described on this site (“Services”). We reserve the right to update and modify the Services from time to time.

Account Use and Restrictions. Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, and other Disclaimers posted at www.DirectionalAlpha.com’s website, you may access and use this site’s Services, but only for your own internal purposes. All rights not expressly granted in this Agreement are reserved by us and our licensors.

1.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.

1.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.

1.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

Ownership. The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights in this material are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

Confidentiality. You acknowledge our claim that the Services and this site embody logic, design, and coding methodology, which constitute valuable confidential information that is proprietary to us and our licensors (“Confidential Information and Trade Secrets”). You agree (i) to not use or disclose the non-public information regarding the Services except as expressly provided herein, and (ii) to safeguard the right to access the Services and the Site, using the same standard of care which you use for its similar confidential materials, but in no event less than reasonable care.

Your Rights Under The Defend Trade Secrets Act of 2016. Nothing in this Agreement is intended to prohibit you from exercising your rights under the United States Defending Trade Secrets Act of 2016. You have the right to disclose our Confidential Information and Trade Secrets in each of the following circumstances without incurring criminal or civil liability. You may disclose our Confidential Information and Trade Secrets: (i) in confidence to a federal, state or local government entity, or to an attorney, solely for the purpose of reporting a suspected violation of law or in an investigation of a suspected violation of law, or in a legal proceeding under seal, and (ii) you may disclose our Confidential Information and Trade Secrets in a complaint or other document filed in a lawsuit or other proceeding provided that the filing is made under seal. This includes a lawsuit you may file for retaliation by us for your reporting a suspected violation of law to a government entity. You may not otherwise disclose any Confidential Information of Trade Secret except pursuant to a court order.

Our Account-Related Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

Termination. You agree that we may terminate your account and access to the site for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site, or (ii) requests by law enforcement or other government agencies. Termination of your account includes (i) removal of access to all services, and (ii) deletion of your login data, password, and all related information. Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SPECIAL DISCLAIMER. SPECIAL DISCLAIMERS ARE ALSO PART OF THIS AGREEMENT AND CAN BE FOUND AT THE FOLLOWING LINKS AND SECTIONS AT WWW.DIRECTIONALALPHA.COM’s WEBSITE:

Terms of Use, Privacy Policy, Content Disclaimer, Legal Disclaimers, and other Disclaimers at www.DirectionalAlpha.com’s website.

IT IS YOUR RESPONSIBILITY TO READ THEM CAREFULLY.

Limitation of Liability. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Export Control. This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Registration Data. Registration is required for you to establish an account at this site. You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate. You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account. Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

Your Postings And Content.

1.1 If we provide you the opportunity to post or upload your content, we will not treat information that you post or upload as private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.

1.2 If we provide you the opportunity to post or upload your content, you retain all rights and ownership to your content. We make no claim of ownership to your content; however, we do need certain rights (a license) to use your content to enable our Services. If you upload or submit your content, you grant to us and any of our affiliated entities a worldwide, perpetual, transferable, assignable, sublicensable, non-exclusive, irrevocable, fully-paid, royalty-free right and license (i) to use for any purpose, reproduce, modify, and create derivative works based on your content, and (ii) to host, publish, distribute, publicly display, publicly perform your content and derivative works in all methods and means of distribution and publication, now known or hereafter developed.

Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

Monitoring. We reserve the right to monitor your access and use of this website without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.

Security. You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet. We shall implement reasonable and adequate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

Notices. We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid Email to us as follows: info@DirectionalAlpha.com. Notices will not be effective unless sent in accordance with the above requirements.

Arbitration. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other resolution processes, such as a court action or administrative proceeding, to settle your disputes. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Bethesda, Maryland, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Maryland, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

Jurisdiction and Venue; Applicable Law. The courts of Montgomery County in the State of Maryland, USA and the nearest U.S. District Court in the State of Georgia shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. The laws of the State of Maryland, USA shall apply to all issues in dispute, excluding its rules regarding conflicts of law.

Severability. If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.

U.S. Government End-Users. We provide the Web Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.

Enforceable To The Extent Miscellaneous Permitted By Law; Miscellaneous. The terms and conditions of this Agreement are enforceable to the extent permitted by law. This Agreement and our Privacy Policy constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language. If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.

Material Modifications Since June 6, 2017: none.

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WWW.DIRECTIONALALPHA.COM (“DIRECTIONAL ALPHA”) IS WILLING TO SELL TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY CLICKING ON “I ACCEPT” OR BY CLICKING AND CHECKING “I AGREE WITH THE TERMS OF USE”, OR BY CLICKING ON THE “SELECT” BUTTON, OR BY CLICKING “ACCEPT BUTTON”, OR BY CLICKING “SUBMIT AND CHECKOUT” BUTTON, OR “BY CLICKING ADD TO CART” BUTTON, OR BY DOWNLOADING THE MATERIALS IN EACH OF THE RESPECTIVE SECTIONS, YOU WILL INDICATE YOUR AGREEMENT WITH THIS AGREEMENT AND ALSO TO THE TERMS OF USE, PRIVACY POLICY, LEGAL DISCLAIMER, AND OTHER DISCLAIMERS POSTED IN WWW.DIRECTIONALALPHA.COM’s WEBSITE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE “YOU” OR “YOUR” SHALL REFER TO YOUR ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, THEN DIRECTIONAL ALPHA IS UNWILLING TO SELL TO YOU, AND YOU SHOULD SELECT THE “DECLINE” OR “CANCEL” BUTTON AND THE REGISTRATION WILL NOT CONTINUE.

TERMS OF SALE AGREEMENT

Parties. The parties to this Agreement are you, and the owner and operator of this directionalalpha.com web site, www.DirectionalAlpha.com (“Directional Alpha”). If you are not acting on behalf of yourself as an individual, then “you” means your company or organization. All references to “us”, “this web site” or “this site” shall be construed to mean Directional Alpha.

Purchase of Goods and/or Services; Other Documents. Directional Alpha agrees to sell, and you agree to purchase, goods and/or services from this site, subject to the terms of use and conditions hereof and other disclaimers posted in www.DirectionalAlpha.com’s website. Orders are not binding upon Directional Alpha until accepted by Directional Alpha. Other than as specifically provided in any separate formal purchase agreement between you and Directional Alpha, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for goods which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Directional Alpha.

Eligibility. The Directional Alpha Orders are not available to minors under the age of 18 years of age. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring your Directional Alpha account to another party.

Custom Duties and/or VAT Taxes. If you live in a jurisdiction that requires custom duties and/or VAT taxes to be collected, you agree, that unless custom duties and taxes are collected by this site at the point of sale, you remain responsible for the payment of custom duties and VAT taxes at the time of delivery. If Directional Alpha is charged with custom duties or VAT taxes, you authorize Directional Alpha to charge you for (i) such duties and/or VAT taxes, or (ii) for the return of goods if they are refused at the point of destination.

Resale Prohibition. Goods are available for purchase only for your own personal use or to give as a gift; resale of goods purchased from this site is prohibited. This resale prohibition is a material condition to your rights under this Agreement, and it is agreed that any direct or indirect distribution, transshipment and/or sale of items purchased from this site, or others purchasing through you, will be a material breach of this Agreement, and will result in irreparable harm to Directional Alpha for which money damages will not be adequate. In the event of such breach, the parties agree that Directional Alpha, in addition to any other remedies it may have at law and/or in equity, will be entitled to injunctive relief to prevent any threatened or continued breach and to specifically enforce this provision.

Price Quotes; Pricing. Any price quotations provided on this site shall be valid for the period stated. If no time period is stated, then the price charged for an order will be the price in effect the day Directional Alpha accepts the order. Item prices shall be identified on the on-line order form at the time of your order placement. Directional Alpha may change item prices at any time without notice. Prices do not include charges for shipping and handling, and applicable taxes.

Shipping And Handling Charges; Taxes. Separate charges for shipping and handling will be shown on our e-mail order confirmation. You will responsible for sales and all other taxes associated with your order, except for our franchise taxes and taxes on our net income. If applicable, a separate charge for taxes will be shown on our e-mail order confirmation.

Payment Terms. Terms of payment are within Directional Alpha’s sole discretion, and unless otherwise agreed to by Directional Alpha in a signed written document, payment must be made in a manner approved by this site and received by Directional Alpha prior to Directional Alpha’s acceptance of an order.

Ownership; Risk of Loss. Except for digital content, title to physical goods purchased at this site under this Agreement passes from Directional Alpha to you on shipment from Directional Alpha’s facility. Loss or damage that occurs during shipping by a carrier selected by Directional Alpha shall be Directional Alpha’s responsibility. Loss or damage that occurs during shipping by a carrier selected by You is Your responsibility. Title to digital content will remain with the applicable licensor(s).

Return/Refund Policy. Goods purchased from this site for your internal use may be returned in accordance with our return/refund policy in effect on the date of our acceptance of your order. You may review our return/refund policy at https://www.directionalalpha.com/terms-conditions/.

Warranty Disclaimer; Limitation of Liability. DIRECTIONAL ALPHA PROVIDES THE ITEMS AT THIS SITE “AS-IS” AND PROVIDED WITH ALL FAULTS. DIRECTIONAL ALPHA MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. DIRECTIONAL ALPHA SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS, THAT THIS SITE HAS NO CONTROL OVER THE INTERNET, AND THAT THIS SITE IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THIS SITE’S SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some States do not allow limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Bethesda, Maryland, and may be conducted by telephone or online by mutual agreement of the parties. The arbitrator shall apply the laws of the State of Maryland to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.

Jurisdiction And Venue. The courts of Montgomery County in the State of Maryland, USA and the nearest U.S. District Court shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.

Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures. Notwithstanding anything to the contrary contained herein, if either party is unable to perform hereunder for a period of thirty (30) consecutive days, then the other party may terminate this Agreement immediately without liability by ten (10) days written notice to the other.

Miscellaneous. This Agreement constitutes the entire understanding of the parties with respect to the subject matter of this Agreement and merges and complements all prior communications, representations, and agreements, including the Terms of Use, the Privacy Policy, the Legal Disclaimer, and other Disclaimers in www.DirectionalAlpha.com’s website. This Agreement may be modified only by a written agreement signed by the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be construed under the laws of the State of Maryland, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This license is written in English, and English is its controlling language.

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