Terms and Conditions of Use
As used herein, “TDP” means Leeb’s Trading DeskPro LLC (including the www.leebstrader.com website (referred to as the “TDP Website”), as well as TDP’s affiliates, their officers, directors, managing directors, partners, and employees.
Please read the following terms and conditions relating to access of the TDP Website. By accessing and using the TDP Website, you acknowledge that you have read, understand and agree to be bound by these Terms and Conditions of Use.
Our service consists of the TDP Website and periodic alerts disseminated by e-mail. When subscribing to this service, you will need to provide us with your name, email address, and billing and shipping addresses, as well as with your credit card information. You certify that all information you provide to us is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide to us is inaccurate or not up-to-date, Leeb’s Trading DeskPro reserves the right to cancel your subscription in its sole discretion.
This service offers a free trial. The free trial consists of a 15-day period where the subscriber gets a full access to the TDP publication. The free trial period lasts 15 days. Only one free trial is allowed per household and per email address at any given point in time. In addition, there is a limit of one free trial per person and per email address in any given six-month period.
If you do not cancel your subscription within the free trial period, we will charge our current subscription fee to the credit card that you provided during the sign-up process. You agree to pay the current subscription fee as set forth on this site. TDP reserves the right to increase a subscription fees or institute new charges upon reasonable notice. You may cancel your membership at any time and receive a pro-rated refund by contacting Member Support at 877-661-6080, 9AM to 5PM EST. Our current annual initial subscription fee is $995 for one year, measured from the day of when the trial period starts, or, if you did not have a free trial period, from when you subscribed to this service.
TDP reserves the right to terminate this service at any time. In the event that we terminate this service, you agree that TDP may transfer your subscription to an affiliated service of equal or greater value. Of course, you may cancel your membership to the new service at any time and receive a pro-rated refund.
TDP does NOT take into account the investment objectives, financial situation and individual needs of any particular person. TDP makes no recommendations as to the merits of any investment opportunity referred to herein.
Leeb’s Trading Desk Pro LLC is not registered as a broker-dealer with the Financial Industry Regulatory Authority (“FINRA”) or as an investment adviser with the U.S. Securities and Exchange Commission (“SEC”) or any state securities authority. Neither TDP nor its information and/or content providers make any representations or warranties of any kind in connection with the subject matter, performance or suitability for any purpose of the information and/or content circulated by TDP. TDP expressly disclaims all liability as to the timeliness, accuracy, or completeness of such information and/or content, which is provided “as is” for purposes of general information and which is not a substitute for obtaining advice from a qualified investment professional familiar with your personal circumstances. TDP strongly recommends that you seek the advice of a qualified investment professional in evaluating any specific security, report, opinion, or other content. The companies referenced in the information and/or content circulated by TDP are reporting companies under the Securities Exchange Act of 1934, as amended, and are publicly traded. Their periodic and other reports filed under the Securities Exchange Act of 1934, as amended, are publicly available from the SEC at their website at http://www.sec.gov/edgar/ searchedgar/webusers.htm. General investor information about publicly-traded companies, advice to investors, and other investor resources are available from the SEC’s website at www.sec.gov or from FINRA’s website at www.finra.org. TDP cannot be responsible for the results or timeliness of any trades placed by the recipients of information and/or content circulated by TDP. All past results cited by TDP are as of the date of publication and not as of any subsequent date. Past results do not guarantee future performance. Readers should consider their personal situation before making any investment decision. All opinions expressed and information and data provided herein are subject to change without notice. TDP, its officers, directors, employees, associated entities and/or clients of associated entities may currently maintain direct or indirect ownership positions in securities discussed in TDP’s e-mailed communications, or in securities such as options or warrants the underlying exposure of which are securities discussed in TDP’s e-mailed communications. Michael Vinokur, an employee of TDP, manages for the benefit of one of his parents a portfolio which follows the transactions described in TDP (the “Model Portfolio”). Orders for the transactions described in the e-mail communications disseminated by TDP will be placed for the Model Portfolio not earlier than thirty (30) minutes after the dissemination of TDP’s e-mail communications describing these transactions. Transactions of a continuing or standing nature will be ordered to remain in effect in the Model Portfolio until modified or cancelled by a subsequent e-mailed communication. The modification or cancellation of continuing or standing transactions will also be delayed for a period of thirty (30) minutes following the dissemination of the corresponding e-mail communication. No transactions will be made in the Model Portfolio without having been previously disseminated to TDP’s subscribers. TDP shall have no liability for any communications that are lost, intercepted or not received by you in a timely manner, or at all, for any reason whatsoever. Upon written request, subscribers to TDP will be provided documentation of the current positions in the Model Portfolio. Except for the Model Portfolio as described above, TDP’s policy is to prohibit TDP and its officers, directors, employees from purchasing positions or increasing existing positions in companies referenced in TDP’s e-mailed communications for a period of two (2) days following the dissemination of its e-mailed communications, and from disposing of any positions in companies referenced in TDP’s e-mailed communications ahead of the dissemination of its e-mailed communications.
CONTENT NOT TO BE CONSTRUED AS A RECOMMENDATION OR SOLICITATION
TDP’s making available to you the data and services provided on the TDP Website does not constitute either a recommendation that you enter into a particular securities transaction or a representation that any securities or other product described on the TDP Website, or in any e-mailed alerts, is suitable or appropriate for you. Nor is it a solicitation for you to invest in any partcular product or security. Many of the investment products described on this service involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or as a complete discussion of the risks associated with the transaction. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts. You are urged to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions.
No Warranties or Representations
TDP makes no warranty, express or implied, or representations, concerning, without limitation, any content on this or other sites, responsibilities, security or other matters.
No Warranty or Representations on Content: The information and services provided by us and our third party providers are on an "AS IS" basis at your sole risk. TDP expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the services with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.
No Warranty or Representation as to other Sites: The TDP Website may provide links to certain Internet sites (the "Sites") sponsored and maintained by third parties. TDP is providing such links solely as a convenience to you. TDP makes no representations concerning the content of other Sites. The fact that TDP has provided links to other Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by TDP with respect to the Sites, its owners, or its providers. TDP has not tested any information, software, or products found on any of the Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of the Sites, or the suitability or appropriateness of the products or transactions described therein.
No Responsibility to Update: Neither TDP nor any of its third party providers shall have any responsibility to maintain the information and services made available on the TDP Website or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice.
No Warranty or Representations As to Security:TDP makes no warranty whatsoever to you, express or implied, regarding the security of the TDP Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this service. TDP shall have no liability for any newsletter that is lost, intercepted or not received by you in a timely manner, or at all, for any reason.
Information Made Available Through this Service
You are permitted to store, display, analyze, modify, reformat, and print the information made available to you via the TDP Website only for your own personal and non-commercial use. You are not permitted to publish, transmit, forward or otherwise reproduce this information, in whole or in part, in any format to any third party without the express written consent of TDP. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the this service. TDP reserves the right, at any time and from time to time, in the interests of its own editorial discretion and business judgment, to add, modify, or remove any of the information provided by this service. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights or license in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by TDP or the third party providers from whom TDP has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Neither TDP nor any third party provider shall have liability to you for monetary damages on account of the information provided to you via this service.
Monitoring by TDP
Monitoring by TDP
Your use of the products and services on the TDP Website may be monitored by TDP, and the resultant information may be used by TDP for its internal business purposes or in accordance with applicable law.
TDP shall have no liability, contingent or otherwise, or any responsibility whatsoever to you or to third parties for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between TDP and you, regardless of whether the connection or communication service is provided by TDP or a third party service provider. TDP shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, or completeness, or for delays, omissions, or interruptions in the delivery, of the data and services available on the TDP Website or for any other aspect of the performance of this service. In no event will TDP be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on or through the TDP Website, even if TDP has been advised of the possibility of such damages. TDP will have no responsibility to inform you of any difficulties experienced by TDP or third parties with respect to the use of the services or to take any action in connection therewith.
FUTURE CHANGES TO TERMS AND CONDITIONS; Termination
These Terms and Conditions of Use shall remain effective until modified or terminated as we in our sole right determine. Additional terms and conditions will be posted to the TDP Website. We wil notify you prior to the time that any additional terms and conditions may come into effect. If you do not agree to abide by any additional terms and conditions that may come into effect, you may cancel your subscription at any time and receive a pro-rated refund by contacting Member Support at 877-661-6080, 9AM to 5PM EST. TDP reserves the right to terminate your subscription at any time in its sole discretion.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents, managing directors, partners, affiliates and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of, from or in connection with (a) your breach of these Terms and Conditions of Use; (b) any allegation that any materials that you submit to us or otherwise transmit to the TDP Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the TDP Website or any services or activities related to the TDP Website.
These Terms and Conditions of Use are governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws principles that would result in the application of the substantive laws of another jurisdiction. You agree that all disputes arising out of, related to or in connection with this service, the TDP Website or these Terms and Conditions of Use shall be brought only in the state or federal courts located in the County of New York, State of New York. You agree to submit to the jurisdiction of such courts and hereby waive any and all defenses asserting lack of jurisdiction or forum non conveniens. Nothing contained herein shall be construed to preclude any party from bringing suit or taking other legal action against the other party in any other jurisdiction to enforce a judgment of any court located in New York County, City and State of New York, in favor of the prevailing party. If any provision herein is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Use are not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all TDP policies referred to herein and elsewhere on the TDP Website, constitutes the entire agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements between us.