TheVWAP Terms & Conditions
About
This website, thevwap.com, is owned and operated by TheVWAP, LLC and access to
its services/contents is offered to you on the condition of your acceptance of the following terms, conditions,
and notices set forth in this agreement. By accessing this website and any of its product offerings, you
(hereby referred to as “the user”) are deemed to have agreed to all terms, conditions, and notices in the
following agreement offered by TheVWAP, without modification. If you do not agree to the following terms, please
do not use the website or its services.
For the entirety of the following agreement, both thevwap.com and TheVWAP, LLC will be referred to collectively as “TheVWAP”.
Terms of Usage
All of the information and content on TheVWAP is for educational and entertainment purposes only and is not to
be construed as investment advice. While all of the content is believed to be accurate, none of TheVWAP’s
content should be solely relied upon for use in making actual investment decisions.
This agreement extends to all mediums and channels controlled and/or utilized by TheVWAP, including its
community chatroom — hosted via Discord under the server name “TheVWAP”.
Any opinions, advice, or statements made on TheVWAP regarding any trading vehicle should not be construed as
investment advice or a recommendation to buy/sell the trading vehicle being discussed. The user is solely
responsible for any investment decision made by the user, as all content found on TheVWAP does not take your
particular financial situation and investment objectives into account.
Any and all users of TheVWAP must be eighteen (18) years of age or older, and any use of TheVWAP and its
products/services by individuals under the age of 18 is unauthorized and in direct violation of this agreement.
By using TheVWAP, the user represents and acknowledges that you are at least 18 years of age and agree to all
terms,
conditions, and notices expressed in this agreement.
Any correspondence with a representative of TheVWAP can be used by TheVWAP in its marketing or promotional
materials, but the user has the right to request their comments — typically in the form of positive feedback for
services/products — be excluded from any such materials.
TheVWAP may make improvements and/or changes to any of the terms, conditions, or notices found in this entire
agreement at any time without notice.
Payment Policy
The products/services currently offered by TheVWAP are custom indicators (“Indicators”) and an education package
(“VWAP On-Demand”) that contains multiple resources — recorded video instruction, custom indicators, community
chatroom access, live trading stream, and more. All products and services offered by TheVWAP are digital and
will not involve the exchange of any physical products. We do not offer refunds on any products/services
purchased, as the user receives access to content of value immediately upon completion of checkout.
All payments will be made prior to the user receiving the product/service selected. Purchases of both the
Indicators and VWAP On-Demand are a one-time payment, and the user will not be charged any recurring
subscriptions to retain access to the provided resources.
In the case of our NinjaTrader 8 and TradingView Indicators, all purchases provide a lifetime license for one machine ID (NinjaTrader 8) or username (TradingView). Additional licenses can be purchased at a discounted rate, subject to change.
We retain the right to deny products or services to the user if they violate any part of this agreement, and a
refund will not be issued. We also retain the right to discontinue currently offered products/services, alter
their price points, and introduce new products.
Intellectual Property
Any and all content/information found on TheVWAP or expressed in any of TheVWAP’s products and services is
property of TheVWAP, LLC and is made available only to the user. Some examples of this content/information
includes but is not limited to: all custom indicators, recorded video instruction and content, chatroom content,
webinar content, chart examples, resource guides, real-time scanner content, logos, design elements, page
headers, and graphics.
No content/information provided by TheVWAP may be may be copied, photocopied, reproduced, republished, licensed,
distributed, performed, displayed, uploaded, posted, translated, altered, retransmitted, broadcast in any way,
exploited, used to create derivative works, or reduced to any electronic medium or machine-readable form, in
whole or in part, without the prior written consent of TheVWAP, LLC. Any distribution for commercial or
non-commercial purposes is strictly prohibited. Choosing to distribute any property of TheVWAP, LLC, included
but not limited to those described above, will be punishable by legal action.
User Content & Conduct
The user agrees that any content they send to or post on TheVWAP and its aforementioned Discord server is their
sole responsibility and will not violate or infringe upon the rights of any third party or contain libelous,
defamatory or otherwise unlawful material. The user also agrees that any content they send to or post on TheVWAP
can be used by TheVWAP for marketing purposes in the form of a user-submitted testimonial.
When using the Discord server, the user agrees to behave in a way that is conducive to a successful learning
environment, including but not limited to:
- No insulting, demeaning, or intentionally aggravating other members of the community.
- No spam posting of unrelated content and no promotion of outside products or services.
- No posting of personal trading results in the form of profit or loss with the intent of gloating or demeaning others.
- No copying or distributing content found in the chat room or elsewhere on TheVWAP for either commercial or non-commercial purposes.
- Absolutely no expression of any hateful, discriminatory, or violent thoughts/opinions.
Violating this conduct policy subjects the user to immediate termination of their access of TheVWAP Discord server and the additional resources provided by VWAP On-Demand, as well as the denial of all future products and services offered by TheVWAP.
Lifetime Access
The phrases “lifetime access” and “unlimited access” are used throughout TheVWAP in our external marketing
materials. The user agrees that these phrases are contingent on the continued existence of TheVWAP, and do not
construe an agreement that will persist for the entire lifespan of the user.
TheVWAP reserves the right to discontinue or remove the educational resources provided by VWAP On-Demand or the
Indicators if needed, and the user will not be entitled to a refund in the event of this occurrence. However, we
will make all possible good faith attempts to continue providing the educational resources included with VWAP
On-Demand or the Indicators for as long as possible and have zero intentions of changing our current
offerings.
In the unlikely event that TheVWAP is forced to cease operations, we will make every attempt to offer the
educational resources provided with VWAP On-Demand or the Indicators to the user through any/all other means —
e.g., uploading the recorded video instruction as private YouTube videos, maintaining our Discord server for
existing members, etc.
Website Activity
TheVWAP monitors website activity through a variety of third-party site tags. These third-parties include Google Analytics, Twitter, Facebook, ActiveCampaign, and PlusThis. Any website activity data is held by those entities, and no personal information is made available to TheVWAP. We abide by the established privacy policies of each entity, and the site tags are solely used by TheVWAP for improving the quality of our website, advertisements, and product offerings.
Inherent Risk
The acts of trading and investing are inherently risky, and TheVWAP is in no way responsible for any loss incurred by the user as a result of any investment decision at any time. TheVWAP stresses the importance of risk management in all investment activities and does not recommend investing of any kind if you are not prepared to accept sole responsibility for all losses incurred. Representatives of TheVWAP may, at times, initiate or hold positions in any trading vehicle mentioned on TheVWAP or any of its controlled channels, but no mention or discussion of any trading vehicle is a recommendation to buy or sell that security.
Disclaimer
TheVWAP or any of its members or affiliates are not a registered financial/investment advisor or broker-dealer,
and do NOT recommend any particular investment activity. TheVWAP is not responsible for any risk/losses incurred
by the user of its products or services, and all information/content found on TheVWAP should be used for
educational purposes only.
TheVWAP makes no representations about the suitability of the services or information contained on this website
for any purpose. All such services and information are provided without warranty of any kind, express or
implied. TheVWAP hereby disclaims all warranties with regard to the services and information, including all
implied warranties of merchantability, fitness for a particular purpose, title and non-infringement other than
those warranties which are implied by and incapable of exclusion, restriction or modification under the laws
applicable to this agreement. TheVWAP does not warrant that the information will be uninterrupted or error-free,
that defects will be corrected, or that this website or the server that makes it available, are free of viruses
or other harmful components.
Under no circumstances shall TheVWAP or any of its members and affiliates be liable for any direct, indirect,
incidental, punitive, special or consequential damages (including without limitation, attorneys’ fees), whether
in an action of contract, negligence or other torturous action, that result from the use of, or the inability to
use, any materials available on this website, even if TheVWAP has been advised of such damages. If you are
dissatisfied with any products/services offered by TheVWAP or any of the terms, conditions, or notices found in
this agreement, your sole and exclusive remedy is to discontinue using TheVWAP.
Prior to the execution of a stock (or other investment vehicle) trade, you are advised to consult with your
broker or other financial representative to verify pricing and other information. Past results of any individual
user of TheVWAP or any representative of TheVWAP are not indicative of future returns for that same
user/representative or others. While all information presented by TheVWAP is considered to be reliable and
accurate, we cannot guarantee it is accurate, complete, useful, or timely.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission – Futures and Options trading has
large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept
them in order to invest in the stock/options markets. Don’t trade with money you can’t afford to lose. This is
neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any
account will or is likely to achieve profits or losses similar to those discussed via this website, and media
referenced. The past performance of any trading system or methodology is not necessarily indicative of future
results.
Severability
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Termination
TheVWAP reserves the right to deny or terminate access to any of its products or services to any individual,
including the user, at any time with no notice required. If an ongoing subscription is terminated by TheVWAP for
any reasons
other than a violation of this agreement, the user will be issued a pro rata refund for the unused portion of
their subscription.
These terms of service constitute the entire agreement between the user and TheVWAP in regards to any and all
products/services offered by TheVWAP, and its contents supersedes all prior communications between the user and
TheVWAP. A printed version of this agreement and any forms of communication between TheVWAP and the user will be
admissible in judicial or administrative proceedings involving both parties.