The VWAP Terms & Conditions


About

This website, www.thevwap.com (“TheVWAP”) is owned and operated by The VWAP, 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 and utilizing this website, you (“ 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.


Terms & Conditions

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 and is offered to the user to the best of our abilities, none of TheVWAP’s content should be solely reliable for use in making actual investment decisions. None of the information or content on TheVWAP can be guaranteed as accurate or complete.

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 registration/use of TheVWAP by individuals under the age of 18 in unauthorized and in direct violation of this agreement. By using TheVWAP, you represent and acknowledge that you are at least 18 years of age and agree to all terms, conditions, and notices expressed in this agreement.

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 offered by TheVWAP are a monthly subscription service (“monthly access”) and one-on-one coaching sessions conducted over Skype (“coaching”). 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 may immediately benefit from the knowledge incurred on any information offered by TheVWAP.

Payment for both coaching and monthly access will be made prior to receiving the product/service. Purchases of coaching will be authorized on a case-by-case basis prior to each session, while purchasing monthly access will result in an ongoing subscription charge incurred on a monthly basis beginning on the date of purchase. If the user chooses to cancel their subscription to the monthly access, they will be able to access the content offered as a part of the monthly access for the remainder of their current billing period (one month cycle), at which point their subscription to the monthly access will be terminated. The coupon code made available for $100 off the price of monthly access (normally $199) is valid only for the first month of access for the user, at which point the price will increase to the retail price stated ($199) for all following months.

We retain the right to deny coaching services or terminate access to the monthly service for the user at any point without notice if they violate any part of this agreement, and a refund for the current billing period will not be issued. We also retain the right to discontinue currently offered products/services, alter their price points, or 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 The VWAP, LLC and is made available only to the user. Some examples of this content/information includes but is not limited to: ThinkOrSwim custom indicators received during coaching, chat room content, webinar content, annotated charts, real-time scanner content, logos, designs, 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 The VWAP, LLC. Any distribution for commercial or non-commercial purposes is strictly prohibited. Choosing to distribute any property of The VWAP, LLC described above may be punishable by legal action pursued by The VWAP, LLC.


User Content & Conduct

The user agrees that any content they send to or post on TheVWAP 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 the send to or post on TheVWAP can be used by TheVWAP for marketing purposes in the form of a user-submitted testimonial.

The user agrees to behave in a way that is conducive to a successful learning environment, including but not limited to: not insulting or intentionally aggravating other users, limiting explicit language, posting personal results in the form of profit or loss, following instruction of any and all representatives of TheVWAP, copying or distributing content found on TheVWAP through any means, and avoiding the expression of any hateful, discriminatory, or violent thoughts/opinions. Violating this conduct policy subjects the user to immediate termination of access to the monthly service and the denial of all future products and services offered by TheVWAP.


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 and all losses incurred. Members of TheVWAP may, at times, initiate or hold positions in any trading vehicle mentioned on TheVWAP, but no mention or discussion of any trading vehicle is a recommendation to buy or sell that security.


Disclaimer

The VWAP, LLC 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. The VWAP, LLC 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.

The VWAP, LLC 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. The VWAP, LLC 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. The VWAP, LLC 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 The VWAP, LLC 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 The VWAP, LLC has been advised of such damages. If you are dissatisfied with any products/services offered by The VWAP, LLC 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 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 member of The VWAP, LLC are indicative of future returns for that same user/member 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

The VWAP, LLC 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. This agreement constitutes 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.