Trader Moe's LLC (“Trader Moe's”), is a group that provides online and mobile stock brokerage services, concepts, and opinions to self-directed investors.
These Terms and Conditions are in addition to any other agreements between you and Trader Moe's and Trader Moe's, LLC. (collectively, “Trader Moe's”), including any customer or account agreements and any other agreements that govern your use of software, products, goods, services, content, tools, and information provided by Trader Moe's.
The Trader Moe's website and Discord Group (collectively, the “Service”) may include or make available certain content (the “Content”). Content includes, without limitation: (1) account positions, balances, transactions, confirmations, and order history; (2) general news and information, commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (3) market data1 such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as alerts or calculators; (5) tax preparation, bill payment and account management tools; (6) company names, logos, product and service names, trade names, trademarks and services marks (collectively, “Marks”) owned by Trader Moe's, and Marks owned by Third Party Providers (defined below); and (7) any other information, content, services, or software. Certain Content is furnished by third parties (each, a “Third-Party Provider” and collectively, the “Third-Party Providers”). Such Content (“Third Party Content”) includes, without limitation, any information, content, service or software made available by or through social media websites, blogs, wikis, online conferences, telecasts, podcasts, and other forums (collectively, the “Forums”). Third Party Content may be available through framed areas or through hyperlinks to the Third-Party Providers’ websites.
Acceptance of Terms and Conditions:
Disclaimer and Limitations of Liability:
The Content and the Service are provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Trader Moe's and the Third Party Providers expressly disclaim all warranties of any kind with respect to the Content and the Service, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Trader Moe's nor Third Party Providers guarantee the accuracy, timeliness, completeness or usefulness of any Content. You agree to use the Content and the Service only at your own risk.
Neither Trader Moe's nor the Third Party Providers explicitly or implicitly endorse or approve any Third Party Content. Third Party Content is provided for informational purposes only.
The Content is not intended to provide financial, legal, tax or investment advice or recommendations. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
By signing up for the Service you agree to indemnify and hold Trader Moe's, LLC. harmless for any monetary loss, and/or emotional trauma.
Trader Moe's AND THE THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Trader Moe's OR ANY THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE CONTENT OR THE SERVICE; (2) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (3) ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA DUE TO YOUR CONDUCT, INACTION OR NEGLIGENCE; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT OR THE SERVICE.
No Recommendations or Investment Advice:
Trader Moe's provides self-directed investors with opinion services, and does not make recommendations or offer investment advice of any kind. You are solely responsible for evaluating the merits and risks associated with the use of any Content provided through the Service before making any decisions based on such Content. You agree not to hold Trader Moe's or any Third-Party Provider liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Service or any Third-Party Provider websites. Past performance data should not be construed as indicative of future results.
U.S. Residents Only:
The Content and the Service are intended for United States residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
Content posted on the Service is published as of its stated date or, if no date is stated, the date of first posting. Neither Trader Moe's nor the Third-Party Providers have undertaken any duty to update any such information.
Trader Moe's does not prepare, edit, or endorse Third Party Content. Trader Moe's does not guarantee the accuracy, timeliness, completeness or usefulness of Content or Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
You will not hold Trader Moe's and/or any Third-Party Provider liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content; ii) interruption in any such Content due either to any negligent act or omission
by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of Trader Moe's and/or Third-Party Provider, or iv) non-performance.
Any price quotes may be delayed 20 minutes or longer, according to the rules and regulations applicable to exchanges and Third Party Providers. Neither Trader Moe's nor the Third-Party Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither Trader Moe's nor the Third-Party Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. No part of the Service or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Trader Moe's express prior written consent.
You acknowledge that Trader Moe's is the sole owner of Trader Moe's Marks and that other Marks are the property of their respective owners. You agree that you will not use any Marks for any purpose without the prior express written consent of the respective owners.
You agree that, without notice, Trader Moe's may terminate these Terms and Conditions, or suspend your access to the Service or the Content, with or without cause at any time and effective immediately. These Terms and Conditions will terminate immediately without notice from Trader Moe's if you, in Trader Moe's sole discretion, fail to comply with any provision of these Terms and Conditions. Trader Moe's shall not be liable to you or any third party for the termination or suspension of the Service or the Content, or any claims related to such termination or suspension.
Trader Moe's and/or the Third-Party Providers may discontinue or modify the Content, or any portion thereof, at any time. You release and agree to indemnify and hold harmless Trader Moe's, and the Third-Party Providers, for any loss or damages arising from or relating to such discontinuation or modification.
By using the Service or the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and Trader Moe's or its representatives or agents.
All communications made at or through the Forums are public. Neither Trader Moe's nor the Third-Party Providers screen, review, approve or endorse any Third Party Content available on or through the Forums. Reliance on any Third Party Content available on or through the Forums is at your own risk. When discussing a particular company, stock or security in the Forums, you agree to reveal any ownership interest in such company, stock or security. Without limitation, you agree not to do any of the following:
a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including, but not limited to, any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b) harm minors in any way;
c) impersonate any person or entity, including, but not limited to, (i) a Trader Moe's or Third-Party
Provider manager, employee, agent, or representative or (ii) forum leader, guide or host;
d) falsely state or otherwise misrepresent your affiliation with any person or entity;
e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
f) upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g) upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
h) upload, post, or transmit unsolicited commercial email or “SPAM,” including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with SPAM, such as: (1) sending mass email to recipients who haven't requested email from you or with a fake return address; (2)
promoting a site with inappropriate links, titles, or descriptions; or (3) promoting any site by posting multiple submissions in forums that are identical;
i) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;
l) “stalk” or otherwise harass another;
m) collect or store personal data about other users of the Service;
n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty;
o) promote, offer for sale or sell any security or item, good or service that i) violates any applicable federal, state, or local law or regulation, ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or iii) Trader Moe's or the Third-Party Providers determine, in their sole discretion, is inappropriate for sale;
p) use the Forums as a forwarding service to another website; or
q) access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions.
Trader Moe's and/or the Third-Party Providers may provide links to other websites or resources. Because neither Trader Moe's or the Third-Party Providers have any control over such sites and resources, you acknowledge and agree that neither Trader Moe's nor the Third Party Providers are responsible for the availability of such external sites or resources. Trader Moe's and the Third Party Providers do not endorse and are not liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that neither Trader Moe's nor the Third Party Providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through any such site or resource.
By using the Service, you are consenting to have your personal data transferred to and processed by Trader Moe's and its affiliates. As part of providing you the Service, Trader Moe's may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.
You will indemnify and hold harmless Trader Moe's and the Third Party Providers, and the owners, officers, directors, agents, partners, employees, licensors, distributors, advisors, analysts, and representatives of Trader Moe's and the Third Party Providers, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, Third Party Content), or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
Trader Moe's may at any time revise these Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review these Terms and Conditions periodically for changes. The most updated version of this document will be available for your review under the “Trader Moe's Terms and
Conditions” link that appears on the Trader Moe's website and in the Discord group channel application.
Applicable Law and Venue; Severability:
You agree that these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms and Conditions will be brought exclusively in courts located in Orange County, California, and you hereby irrevocably consent to the personal jurisdiction and venue therein. If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions.
Registration to use the Services:
In order to access the Services, you must first register for an account through the Group (the ‘Account‘). As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including, but not limited to, any address, email, phone number, name, date of birth, or any other contact information required.
You warrant that any information you give to Trader Moe's, LLC. in the course of completing the registration process will always be accurate, correct and up to date. Once you have completed the registration process, you will be a registered member of the Group (‘Member‘) and agree to be bound by the terms and conditions of the Service.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with Trader Moe's, LLC.
Your obligations as a Member:
As a Member, you agree to comply with the following:
A. you will use the Services only for purposes that are permitted by:
a. the Terms; and
b. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
B. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
C. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Trader Moe's, LLC. of any unauthorised use of your password or email address or any breach of security of which you have become aware;
D. access and use of the Group is limited, non-transferable and allows for the sole use of the Group by you for the purposes of Trader Moe's, LLC. providing the Services;
E. you will not use the Services or the Group in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Trader Moe's, LLC.;
F. you will not use the Services or Group for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Group;
G. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Group without notice and may result in termination of the Services. Appropriate legal action will be taken by Trader Moe's, LLC. for any illegal or unauthorised use of the Group; and
H. you acknowledge and agree that any automated use of the Group or its Services is prohibited.
Copyright and Intellectual Property:
The Group, the Services and all of the related products of Trader Moe's, LLC. are subject to copyright. The material on the Group is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Group (including but not limited to text, graphics, logos, button icons, video images, audio clips, Group, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Trader Moe's, LLC. or its
All trademarks, service marks and trade names are owned, registered and/or licensed by Trader Moe's, LLC., who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: use the Group pursuant to the Terms;
A. copy and store the Group and the material contained in the Group in your device’s cache memory; and
B. print pages from the Group for your own personal and non-commercial
Trader Moe's, LLC. does not grant you any other rights whatsoever in relation to the Group or the Services. All other rights are expressly reserved by Trader Moe's, LLC..
Trader Moe's, LLC. retains all rights, title and interest in and to the Group and all related Services. Nothing you do on or in relation to the Group will transfer any:
A. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
B. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
C. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
D. You may not, without the prior written permission of Trader Moe's, LLC. and the permission of any other relevant rights owners: broadcast, republish, up- load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Group, which are freely available for re-use or are in the public domain.
Limitation of Liability:
Trader Moe's, LLC.’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to You expressly understand and agree that Trader Moe's, LLC., its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to,
any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
The Terms will continue to apply until terminated by either you or by Trader Moe's, LLC.
If you want to terminate the Terms, you may do so by closing your accounts for all of the services which you use, where Trader Moe's, LLC. has made this option available to you. Your notice should be sent, in writing, to Trader Moe's, LLC. via the ‘Contact Us’ link on our homepage.
Trader Moe's, LLC. may at any time, terminate the Terms with you if:
A. you have breached any provision of the Terms or intend to breach any provision;
B. Trader Moe's, LLC. is required to do so by law;
C. the provision of the Services to you by Trader Moe's, LLC. is, in the opinion of
Trader Moe's, LLC., no longer commercially
D. Subject to local applicable laws, Trader Moe's, LLC. reserves the right to
discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Group or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Trader Moe's, LLC.’s name or reputation or violates the rights of those of another
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.