Terms and Conditions of www.joefahmy.com
Last Updated: March 1, 2020
1. Acceptance of Terms
In addition, when using any of our Services, You and TNBM shall be subject to any other posted guidelines or rules applicable to such Services. These guidelines or rules are hereby incorporated by reference into the TAC.
Subject to and in compliance with the terms and conditions set forth herein, TNBM may provide its users with access via the Sites to:
- Free content including blogs and forums written by our employees and contractors, videos, emails, podcasts, webinars, conference calls and content created by our users (User-Generated Content), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”) (together, the “Free Service”); and
- Premium content including blogs and forums written by our Columnists, educational content and materials (including presentations/PDFs, videos, blogs, forums, emails, podcasts, webinars and printed materials), Third-Party Content, emails, videos, podcasts, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (together, the “Premium Service”).
The Premium Service(s) and the Free Service(s) are collectively referred to herein as the “Services”.
Current applicable subscription rates for any Premium Service can be found on such Premium Service’s offer page or by contacting our Customer Service Department via email at email@example.com
2. Changes to the TAC and Our Services
We reserve the right at any time to:
- Change the terms and conditions;
- Change all or any portion of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content; or
- Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TAC will be effective immediately after we post the modified TAC on www.joefahmy.com. The applicable TAC are the most recent version of the TAC posted on our Sites. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TAC may be modified with respect to such Premium Service. You should check our TAC frequently.
3. Important Disclaimer Regarding the Information We Provide
TNBM is a publisher and education company. The content provided in the Sites and Services is not investment advice. It is provided for educational and informational purposes only. The information provided does not constitute an offer to sell nor a solicitation of an offer to buy securities of any kind. The material does not take into account Your particular investment objectives. Investors should consult their own financial or investment advisor before trading or acting upon any information provided. You understand that no content published as part of the Sites or Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Sites or Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Therefore, You should not attempt to contact them seeking personalized investment advice. To the extent any of the content published as part of the Sites or Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The information provided is made to investors and traders in general and without regard to Your investment goals, financial circumstances, investment knowledge and Your abilities or personal attitudes towards investing or trading. Investors can and do lose money from investments. The information provided is not to be relied upon for Your investment decision. Your decision to buy any securities is as a result of Your own free will, Your own research, and after consulting Your investment advisor. Under no circumstances will TNBM, its business units, subsidiaries, affiliates (including Zor Capital, LLC), and Joseph Fahmy be responsible as a result of using the Sites and Services. You agree to hold TNBM and its affiliates completely harmless.
You understand that the views expressed in the Sites and Services are the authors’ own opinions. The Sites and Services may contain opinions from time to time with regard to securities mentioned in other Sites or Services, and that those opinions may be different from those obtained by using another portion of the Sites or Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not indicative of future performance.
You understand and agree that certain of TNBM’s affiliates and employees may hold licenses with FINRA, the SEC or states securities authorities and these licenses may or may not be disclosed in the Sites and Services.
You understand and agree that certain of TNBM’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Sites or Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to TNBM’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content. TNBM makes no representations regarding Third-Party Content, nor is TNBM liable for Third-Party Content.
You understand that we obtain performance data from sources believed to be reliable, that the calculations available on the Sites and Services are made using such data, and that these sources, the information providers, or any other person or entity do not guarantee such calculations and the calculations may not be complete.
From time to time, we may reference prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. Markets change continuously. Therefore, You should not rely on previously published information and data.
The Sites and Services may be temporarily unavailable from time to time for maintenance or other reasons. TNBM will not issue any partial refunds when this occurs. TNBM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Sites and Services. TNBM is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software occurring for any reason, including but not limited to, on account of technical problems or traffic congestion on the Internet or at any site or with respect to the TNBM or combination thereof, including injury or damage to any person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading content in connection with the Web and/or in connection with the Sites and Services. Under no circumstances will TNBM or any of its affiliates be responsible for any loss or damage, including any personal injury or death, resulting from anyone’s use of the TNBM, or any interactions between TNBM and users of the Sites and Services, whether online or offline.
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, the model’s author chooses such portfolio of investments is in accordance with that author’s stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
- performance results for the portfolio do not reflect actual trading commissions that You may incur;
- performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
- the investments chosen for the portfolio may be volatile;
- the prices of investments in the portfolio at the point in time You begin subscribing to the Premium Service may be higher than such prices at the time such investments were chosen for inclusion in the portfolio;
- You may not have the capital to trade as frequently as the portfolio;
- the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
4. Registration and Privacy
In order to gain access to portions of the Sites or Services, You must create an account. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Sites or Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate, current and complete information about Yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it accurate, current and complete.
As a member, You also have certain other obligations relating to Your account:
- You may not transfer to or resell Your use of or access to the Sites or Services to any third party;
- You are responsible for all activities that occur under Your account;
- You are responsible for maintaining the confidentiality of Your user name, member name and password; and
- You agree to notify us at firstname.lastname@example.org if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.
- A maximum of three simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.).
5. Subscription Renewal and Cancellation Policy for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
There are no free trials and no refunds to TNBM Premium Services. You will not be eligible for a refund if we determine, in our sole discretion, that You have violated our TAC.
Your initial quarterly subscription for the Premium Service will grant You unlimited access for 90 days (the “Term”) to all the content and materials (including educational content, the Trading Big Winners seminar, videos, Weekend Videos, Weekday updates, webinars, presentations/PDFs, blogs, forums, emails, podcasts, and printed materials). Please note: When Your subscription begins (when You register for a Premium Service), we will charge Your credit card the applicable subscription fee.
Your subscription renews automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription. You can do this by using the following methods:
- Emailing email@example.com at least ten (10) days before the renewal of your Term; or
- Cancel Your subscription to the Premium Service online in the My Account section of TNBM website.
If You cancel Your subscription, You will NOT receive a refund or reimbursement of any previous quarterly subscription fees You have paid; however, You will not be charged any future quarterly subscription fees. If You do not notify us as described above, we will charge Your credit card that we have on file the then-applicable quarterly renewal fee for Your subscription. You will not receive a refund, reimbursement or other credit of Your subscription fee after Your subscription has renewed.
In connection with recurring billing for subscription renewals, You authorize TNBM to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your username, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys’ and collection agency fees.
6. TNBM’s Proprietary Rights
The Sites and Services and the content distributed through the Sites and Services, not including any User-Generated Content or Third-Party Content, is the property of TNBM and/or its licensors. You may access and use the content from the Sites or Services, solely for Your personal, noncommercial use.
You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from TNBM, please contact us at firstname.lastname@example.org. If you choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to TNBM, deemed to be property of TNBM, and by submitting such content You irrevocably assign any and all rights to such content to TNBM.
“joefahmy.com”, “joefahmy.com Education”, “The Next Big Move, LLC”, “TNBM,” and certain other marks used on the Sites are trademarks and/or service marks of TNBM. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners.
7. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. You may, however, link to the Services on any bulletin board, newsgroup, website or chat room (“Third-Party Site”), as described in Section 8 below. Modification of the Services content or use of the Services content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Sites and Services, You agree not to:
- Restrict or inhibit any other visitor from using the Sites or Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
- Use the Services for any unlawful purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
- “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our Sites; or
- Harvest or collect information about Sites or Services users without their express consent.
You also agree that at all times You will:
- Comply with all applicable laws, rules and regulations in connection with Your use of the Sites and Services and the content made available therein;
- Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
Waive any and all rights against TNBM and hold TNBM harmless in connection with any claims relating to any action taken by TNBM as part of its investigation of a suspected violation or result of its conclusion that a violation of the TAC has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account without refund.
8. Content from Other Websites
Content available through the Sites and Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Your use of certain features and certain Third-Party Content made available to You by TNBM may be governed by additional rules, which are available on our Sites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
9. Disclaimer of Warranties
The Sites and Services, and any content obtained or accessed through the Sites and Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, TNBM, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
TNBM does not warrant and accepts no liability that Your use of the Sites or Services and any content, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Sites or Services, or the server(s) on which the Sites and Services are hosted, are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. TNBM accepts no liability for any software downloaded from the Sites or Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites or Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Sites or Services and Your reliance thereon. No opinion, advice, or statement of TNBM or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. TNBM will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Sites or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that TNBM shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites or Services.
Content available through the Sites and Services could include inaccuracies or errors, or materials that violate the TAC. Third parties may make unauthorized alterations to the content available through the Sites and Services. Although we attempt to ensure the integrity of our Sites and Services, we make no guarantees as to the completeness or correctness of any content available through the Sites or Services. In the event that such a situation arises, please contact us at email@example.com with, if possible, a description of the material You would like us to check and the location (URL) where such material can be found on our Sites or Services, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall TNBM be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
10. Limitation of Liability
NEITHER TNBM NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH TNBM, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION REGARDING USE OF THE SITES OR SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless TNBM, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TAC; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
TNBM reserves the right to restrict, suspend or terminate Your use of and registration on any of its Sites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. TNBM reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of TNBM, Your membership in the Premium Services, in the event You violate the TAC. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee You paid.
You may terminate Your user account, username, member name any associated email address and access to the Services by submitting such termination request to us.
13. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on our Sites infringe Your copyright, You (or Your agent) may contact firstname.lastname@example.org with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
14. Repeat Infringement
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. You agree that if Your account is terminated under these TAC, You will not attempt to establish a new account or otherwise post content under any name, real or assumed. You further agree that if You violate this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, You shall indemnify and hold us harmless for any and all liability that we may incur therefore.
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. If You access the Services from other locations, You do so on Your own initiative and at Your own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to TNBM’s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase.
The TAC, together with all TNBM policies referred to herein, constitute the entire agreement between You and TNBM relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TAC and the relationship between You and TNBM are governed by and construed in accordance with the laws of the State of New York, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and TNBM agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Albany County, New York, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TAC, other than any action, suit or other proceeding arising from a breach of customer data.
You and TNBM agree that any action, suit or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in Albany County, New York, and shall be conducted in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in effect at that time. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damage and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these TAC.
If any provision of the TAC is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TAC and shall not affect the validity and enforceability of any remaining provisions. 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 in the TAC is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TAC.
17. Legal Notices
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For all other notices, please contact us in writing: TNBM, LLC, 90 State Street, STE 700 Office 40, Albany, NY 12207.