Please read these Terms of Service carefully before using our website.
This website is operated by Ellex Capital Inc., a company based in Ontario trading under the name Trademomo. In the context of this site, the terms “we,” “us,” and “our” denote Trademomo. Trademomo provides this website, encompassing all information, tools, and services available on this site, to you, the user, under the condition that you accept all the terms, conditions, policies, and notices stated here.
By exploring our site or acquiring any tools, features, or products from it, you are participating in our “Service” and consenting to abide by the ensuing terms and conditions (“Terms of Service,” “Terms”), which include additional terms, conditions, and policies referred to herein and/or accessible through hyperlinks. These Terms of Service are applicable to all users of the site, encompassing, but not limited to, browsers, vendors, customers, merchants, and contributors of content.
Please carefully read these Terms in their entirety, and feel free to contact us if you have any questions. These Terms constitute a legal contract between you and Trademomo. By clicking submit or agree, using our Services, or by using our Site other than to review these Terms and the Site’s privacy policy, you will be deemed to have agreed to these Terms. If you do not agree with these Terms, you should not access or use the Site, our Services, or our materials. These Terms, including all restrictions on your use of the Services and its contents, apply whether or not a license fee or other payment was paid for the use of the Services or any Content.
Any novel features or tools incorporated into the existing website or stores on third-party marketplaces such as Whop.com are equally subject to the Terms of Service. The most current version of the Terms of Service can be reviewed on this page at any time. We retain the right to update, modify, or substitute any part of these Terms of Service by publishing updates and/or changes on our website, at our sole discretion and without prior notice. We shall not be held liable if, for any reason, all or any part of the Services become unavailable at any time or for any duration. It is incumbent upon you to periodically check this page for alterations. Your ongoing use of or access to the website after the publication of any changes constitutes your acceptance of those changes.
YOU SHOULD NOT SOLELY RELY UPON THE TOOLS, SOFTWARE, OR ANY DATA, CONTENT, AND INFORMATION THEREIN FOR AN INVESTMENT DECISION OR TRANSACTION. If you decide to rely on our tools, software, or any such data, content, or information, you do so at your own risk. You fully acknowledge, understand, and agree that you are solely responsible for your investment research and decisions. You also remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy, or other matter, and all other matters related to your investments and investment strategies.
By using the site, free trial and purchasing any product/service you are accepting these Terms of Service, you affirm that you have reached the age of majority in your jurisdiction of residence or that you have attained the age of majority in your state or province of residence, and you have provided consent for any minor dependents under your care to utilize this site.
You are accountable for making all necessary arrangements to access the Services and ensuring that all individuals accessing the Services through your internet connection are aware of and adhere to these Terms of Service.
To utilize the Services or certain resources it provides, you need to provide specific registration details or other information. Using the Services is contingent upon the condition that all registration information you supply to us is true, accurate, current, and complete. You acknowledge that all information you provide for registration with the Services or otherwise is subject to our Privacy Policy, and you grant consent to all actions we take regarding your information in accordance with our Privacy Policy.
You commit to promptly inform us of any unauthorized access or use of your username, password, or any other security breach. When accessing your account from a public or shared computer, exercise caution to prevent others from viewing or recording your password or other personal information.
The use of our Services for any illegal or unauthorized purpose is strictly prohibited. In the course of using the Service, you must comply with the laws of your jurisdiction, including, but not limited to, copyright laws. Transmission of any worms, viruses, or any code with a destructive nature is prohibited. Any breach or violation of these Terms will result in the immediate termination of your Services.
Right To Refuse Service
We reserve the right to refuse Service to anyone at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms of Service.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Your credit card information is handled by a 3rd party company, whop.com, who is our payment processor. Please review their terms and conditions and ensure you are in agreement with those as well. We assume you have reviewed their policies that can be found below.
The Products and Services, including their complete content, features, and functionality, covering all data, software, text, exhibits, visuals, and audio, as well as the structure, assortment, and presentation thereof, are the exclusive property of Trademomo, its licensors, or other contributors of such content. These resources are safeguarded by both Canadian and international laws pertaining to copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights.
Within the framework of these Terms of Service, you are granted the privilege to employ the Services for individual or professional purposes. Nevertheless, you are explicitly barred from replicating, distributing, altering, crafting derivative works, publicly showcasing, executing public performances, republishing, downloading, storing, or transmitting any content from the Services without securing our clear written consent.
Subject to your compliance with these Terms, Trademomo grants you a limited, personal, non-exclusive, non-transferable license to use the software, products, services, and our Content solely for your personal informational, educational, and/or recreational purposes. The Services may not be used or reproduced for or in connection with any commercial activities and are not to be construed as investment advice. You are not licensed to use our Products, Services, or Content to provide investment advice to others in the context of trading securities. Our Content and Services may never be used in violation of applicable laws. The Content may not be linked, downloaded from the Site, or reposted without the prior written consent of Trademomo.
Specifically, you must not:
Make alterations to duplicate any materials from this site, except if otherwise sanctioned by us.
Employing illustrations, photographs, video or audio sequences, or any graphics independently from the accompanying text, unless otherwise sanctioned by us.
Removing or modifying any copyright, trademark, or other proprietary rights notices from duplicates of materials from the Services, unless otherwise sanctioned by us.
No entitlement, ownership, or stake in the Services or any content on the Services is transferred to you, and all rights not explicitly granted are upheld by us. Any utilization of the Services not explicitly allowed by these Terms of Service constitutes a violation of these Terms and may infringe upon copyright, trademark, and other pertinent laws.
The Trademomo name, alongside our logo, and all associated names, logos, product and service names, designs, and slogans are recognized trademarks owned by Trademomo. Any use of these trademarks requires prior written permission from us. Without our explicit consent, you must refrain from utilizing such trademarks. All other names, logos, product and service names, designs, and slogans present on the Services are the trademarks of their respective owners.
RISK DISCLAIMERS & DISCLOSURES
Upon utilizing this site or any of the products, services, and information it provides, you affirm that you have thoroughly reviewed and fully understood the disclaimers and disclosures outlined in this section below.
Risk Disclaimer
Trademomo is not responsible for any losses incurred as a result of using any of our trading indicators, tools, content, material, products, services and strategies. Loss-limiting strategies such as stop loss orders may not be effective because market conditions or technological issues may make it impossible to execute such orders. Information provided in this correspondence is intended solely for informational purposes and is obtained from sources believed to be reliable. Information is in no way guaranteed. No guarantee of any kind is implied or possible where projections of future conditions are attempted. All trading tools, material, strategies, custom chart settings, elements and indicators are used at your own risk.
Futures, stocks and options trading involves substantial risk of loss and is not suitable for every investor. The valuation of futures, stocks and options may fluctuate, and, as a result, clients may lose more than their original investment. The impact of seasonal and geopolitical events is already factored into market prices. The highly leveraged nature of futures trading means that small market movements will have a great impact on your trading account and this can work against you, leading to large losses or can work for you, leading to large gains. If the market moves against you, you may sustain a total loss greater than the amount you deposited into your account.
You are responsible for all the risks and financial resources you use and for the chosen trading system. You should not engage in trading unless you fully understand the nature of the transactions you are entering into and the extent of your exposure to loss. If you do not fully understand these risks you must seek independent advice from your financial advisor.
The risk of loss in trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition.
Trading is risky and most day traders lose money. All content is to be considered hypothetical, selected after the fact, in order to demonstrate our Services and should not be construed as financial advice. Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Past performance does not guarantee future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
All materials, information, and content on Trademomo.com, social platforms, YouTube channel is exclusively for educational purposes. Information provided by Trademomo, including data, content, or any other material on the Site or through its products and services, is not intended to be construed as advice or a recommendation for buying, selling, or holding any specific security or pursuing any particular investment strategy. The risk of loss in trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition.
Trade at your own risk. You must be aware of the risks and be willing to bear any level of risk to invest in financial markets. Past performance is not necessarily indicative of future results. This channel and all individuals and entities affiliated with this channel assume no responsibility for your trading results or investments. If you don’t agree with these terms or the full disclaimer (https://www.trademomo.com/legal) you should not continue using Trademomo sites, products, services, and content.
Our full risk disclaimer can be found here: https://www.trademomo.com/legal/risk-disclaimers. By using our site, products or services, you thereby have read and agree to the Risk Disclaimers and Terms of Service.
Testimonials Disclaimer
The statements shared on this website may not be reflective of the experiences of other clients or customers and should not be construed as a guarantee of future performance or success. The trading results highlighted in testimonials are not independently verified, and we lack sufficient grounds to affirm that individual experiences depicted are typical, as outcomes can vary due to factors such as skill, risk management, experience, and the inherent high-risk nature of trading, which can lead to potential financial losses.
In our capacity as providers of technical analysis tools for charting platforms, we do not have access to the personal trading accounts or brokerage statements of our customers. Consequently, we hold no assumptions about the performance of our customers compared to the broader trading community, based on any content or tool we offer.
Traders, contractors and employees affiliated with Trademomo DO NOT manage or offer to manage customers' or individuals' options, stocks, currencies, futures, or any financial markets or securities accounts. Trademomo is not registered as an investment adviser with any government regulatory body. None of Trademomo's owners, directors, contractors or employees offer or provide personalized investment advice to any individual. If an individual claiming to represent or be associated with Trademomo solicits funds from you or proposes to manage your trading account, exercise caution. Do not disclose any personal information and promptly contact us.
Informational and Educational Purposes Only and NOT Financial Advice
The content, material, information, and any other informational offerings conveyed through this website and/or associated websites, if deemed as "investment advice," are impersonal and not tailored to the investment needs of any specific individual. The provided information on this website and/or associated websites is offered for informational and educational purposes only.
This information should not be interpreted as investment or trading advice and is not intended as a solicitation or recommendation to buy, sell, or hold any positions in any indices or financial markets mentioned. Trademomo, its Site, and its Services solely provide educational tools for technical analysis, and do not offer or provide personalized investment advice.
The tools, software, data, content, and information offered by Trademomo are impersonal and not customized to meet individual investment needs. Therefore, these tools are provided solely for informational and educational purposes.
The tools and software offered by Trademomo aim to assist you in researching and evaluating securities based on your individual criteria and inputs. The use of these tools and software does not guarantee predictable, general, specific, or any other results, and should not be the sole basis for any investment decision or transaction.
YOU SHOULD NOT SOLELY RELY UPON THE TOOLS, SOFTWARE, OR ANY DATA, CONTENT, AND INFORMATION THEREIN FOR AN INVESTMENT DECISION OR TRANSACTION. If you decide to rely on our tools, software, or any such data, content, or information, you do so at your own risk. You fully acknowledge, understand, and agree that you are solely responsible for your investment research and decisions. You also remain solely responsible for all decisions and transactions regarding your purchase and sale of securities, the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy, or other matter, and all other matters related to your investments and investment strategies.
Trademomo Does Not Provide Financial, Legal, Tax Advice
Trademomo does not and will not provide legal, tax, estate planning, or accounting advice, or advice regarding the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy, or other matter. The data, content, and information within the tools and scanners should not be construed as investment or trading advice and are not intended as a solicitation or recommendation to buy, sell, or hold any positions in any securities or to engage in any other transaction.
By accessing any material or utilizing the information within this Site, Discord chat room, email marketing, or any associated website and/or Social Media platform, you acknowledge that this constitutes general education material. You agree not to hold Trademomo and any person or entity associated with Trademomo to be accountable for any losses or damages resulting from the content, indicator visuals, software, products, services and general information provided by Trademomo.
Trademomo.com, through this Site, cannot be held responsible for any errors or omissions in the accuracy of the information presented. We strongly recommend that visitors and users seek advice from an independent financial advisor before engaging in the buying or selling of securities. Trademomo and all affiliated parties are not registered as financial advisors and do not offer any form of financial advice to its customers or content readers.
This Site, along with all individuals and entities associated with it, explicitly disclaims all liability and responsibility arising from any reliance placed on the information by you, any other visitor to the Services, or anyone informed about its contents. Furthermore, our partners or affiliated companies have no association with the proprietary information provided by this Site.
Trademomo is Not Affiliated with NinjaTrader
NinjaTrader® is a registered trademark of NinjaTrader Group, LLC www.Ninjatrader.com. NinjaTrader has no affiliation with the owner, developer, or provider of the Services described herein, or any interest, ownership or otherwise, in any such product or service, or endorses, or recommends any such product or service.
Payment Terms
You commit to covering all fees associated with the subscription product, including coaching and mentoring sessions, that you choose to acquire ("Subscription Product"). The entire subscription period's fee will be charged immediately at the prevailing rate, and you assume responsibility for all recurring fees until you decide to cancel your subscription. Unless explicitly addressed in the Refund Policy outlined below, all fees are non-refundable.
Fees do not include applicable taxes, and you are accountable for any taxes linked to the purchase of the Subscription Product.
To purchase any Subscription Product, a valid credit card is necessary.
You affirm that you either own the credit card lawfully or have the authorization to provide and utilize it.
Your credit card information will not be disclosed except as required to deliver the Services and the Subscription Product.
Prompt notification is required if there are changes to your credit card information, expiration, or rejection, and you must supply valid replacement credit card details.
Authorization is granted to charge the relevant recurring subscription fees to any credit card on file or any replacement card, unless you formally communicate termination or non-renewal of your subscription in writing.
You undertake to request the cessation of any recurring credit card transaction or switch to another credit card no less than three (3) days before the current billing cycle concludes.
Reporting billing problems or discrepancies must occur within thirty (30) days. Failure to do so within this period waives your right to dispute such matters.
If fees remain unpaid for more than five (5) days, we reserve the right to suspend or terminate any Account, Subscription Product, and/or your access to the Services until full payment is received.
We retain the right to modify our fees, introduce new charges, or update existing ones. However, such changes will not affect current subscriptions, applying solely to new subscriptions post the effective date of the fee adjustment.
Subscription Renewals
The Subscription Products are configured to automatically renew on a monthly or annual basis depending on your subscription purchase selection. Unless you opt to cancel your subscription before the current billing cycle expires, your account will automatically undergo renewal for the same term. During the renewal process, if you haven't canceled your subscription or communicated your intention not to renew, you consent to the application of the current fee, which will be charged to the credit card on file at that time.
Refund Policy
At Trademomo, our expertise lies in digital goods and services, characterized by their intangible and irrevocable nature. As a result, all sales are considered final, and no provisions for refunds are available. It is your sole responsibility to comprehend and accept this policy before completing a purchase.
Once you click the buy/pay/subscribe/submit button to finalize a purchase, your credit/debit card will be charged promptly. It's essential to be aware that, following this stage, purchases cannot be canceled or refunded. In the event that you wish to cancel your subscription, it is important that you keep a record of your subscription renewal date so that you can cancel before the next renewal period.
Cancellation and Refund Policy for Pre-Paid and Subscription Plans
You can opt out of the automatic renewal of your Trademomo subscription through Whop.com, a user-friendly online system, or by contacting us via email at [email protected].
Upon cancellation, automated renewals for the future are deactivated, but you will retain access to our services until the conclusion of your pre-paid period. All fees paid are non-refundable, and managing your subscription is your responsibility. Once initiated, pre-paid plans (monthly/annual) are not eligible for refunds. Canceling future subscription renewals can be done within the Whop website or by contacting our customer support before the renewal date.
During your free trial, which lasts for 30 days, you won't be charged. After the trial period ends, you'll be automatically billed for the subscription. If you're unsatisfied or have questions about our services, you can cancel before the trial ends. Simply log into your Whop account or email us at [email protected]. This policy applies to all monthly subscription plans at Trademomo.
There are no refunds for the annual plan so we recommend you try our monthly plans first before making an annual commitment.
Keep in mind that once activated, renewed monthly plans are not subject to refunds. To prevent any charges for a subscription or pre-paid plan after your initial 30-day period concludes, it is incumbent upon you to cancel the subscription before the renewal day.
Managing your subscription before renewals is entirely your responsibility. You can do this by logging in to your Whop account or reaching out to [email protected].
Cryptocurrency Payments and No Refund Policy
It's important to note that we do not provide any type of refunds for any type of purchases made using cryptocurrencies under any circumstances, considering potential transaction fees and other associated complications. We are not able to refund you in crypto under any circumstances.
Plan Renewals
To ensure uninterrupted service, renewals are automatically processed by default. You have the option to disable automated renewal in your Whop.com account settings or by sending us an email at [email protected]. Renewals occur monthly and yearly based on your chosen plan. If you do not cancel before the next renewal date, the service will continue to renew until you take action. Plan adjustments can only be applied moving forward; retroactive changes are not permitted. It's important to be aware that neither partial nor full refunds are allowed, and all renewal charges are final.
User Conduct and Restrictions
You are permitted to access and utilize the Site, the Services, and our Content exclusively for your personal, non-commercial purposes.
You are accountable for all Content contributed by you and activities undertaken through your Account, irrespective of whether such Content and activities are contributed or undertaken by you or another party, with or without your knowledge. We retain the right, without obligation, to review and remove any Content deemed objectionable or inappropriate at our sole discretion.
Recording coaching or mentoring sessions is prohibited without the express prior written consent of Trademomo and the respective coach or mentor.
You agree to maintain the confidentiality of the Services and Content, using a degree of care at least equivalent to what you use for your highly confidential information. Unless expressly permitted under these Terms, you agree not to disclose any portion of the Trademomo Content, Services, or related materials to any third party. You also agree not to use the Services, Content, or related materials for commercial benefit, including creating or offering products or services similar to or competitive with those offered by Trademomo.
Additionally, you agree not to use the Services or Content to:
Violate any laws, rules, or regulations.
Stalk, harass, or harm another individual.
Collect or store personal data about other users.
Divert users, contractors, or employees to any business that competes with Trademomo.
Impersonate any person or entity or misrepresent your affiliation.
Engage in fraudulent activity.
Interfere with or disrupt the Services.
Attempt to gain unauthorized access to Services, HT Content, or other systems.
Send, retrieve, store, or transmit spam, malware, viruses, or other harmful computer code.
When accessing or using the Services or Content, you may not:
Restrict or inhibit other visitors or users.
Use the Services or Content for unlawful purposes.
Express or imply endorsements without prior express written consent.
Share, disseminate, display, distribute, or make available the Services or any Content.
Copy, modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of content.
Frame or mirror any content without prior written authorization.
Use any device or process to download, retrieve, or reproduce any data or content.
Harvest or collect information about visitors and users without their express consent.
Send unsolicited advertisements, spam, or chain letters.
Infringe on intellectual property rights or threaten any visitors or users.
Incite hatred or include profanity, vulgarity, obscenity, or pornography.
Circumvent measures to protect privacy or confidentiality.
Publish personally identifiable information of visitors or other users.
Impersonate others or solicit on the Site.
Use the Services in a manner that adversely affects other users or the Internet.
Trademomo reserves the right, at its sole discretion, to suspend or terminate access to the Services for users violating any of these Terms.
USER SUBMISSIONS
The Services enable users to submit, transmit, share, or post ("post") Content, including but not limited to photos, profiles (containing your name, image, voice, and likeness), comments, messages, conversations, notes, text, information, videos, audio clips, listings, feedback, ideas, articles, links, and other content ("User Submissions").
You bear sole responsibility for the User Submissions you post on or through the Service or the Site. You may not post User Submissions on the Site or Service that you did not create or lack permission to post. Trademomo reserves the right, but is not obligated, to review the Site, and may delete or remove any Content or User Submissions at its discretion, for any reason, including violations of these Terms or if the content might be offensive, illegal, or threaten the rights, safety, or well-being of users or others. You are responsible for creating backup copies and replacing any User Submissions you post or store through the Service or on the Site or otherwise provide to Trademomo, at your sole cost and expense.
By posting User Submissions to the Site and/or Discord server, you grant Trademomo an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, and distribute such User Submissions for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or its promotion, to prepare derivative works of or incorporate into other works, and to grant and authorize sublicenses of the foregoing. You also waive your moral rights in and to the User Submissions in favor of Trademomo and our Affiliates.
You can remove your User Submissions from the Site at any time. However, the granted license will not expire, and Trademomo may retain archived copies. Trademomo does not assert ownership over User Submissions; you retain full ownership, subject to the rights granted to Trademomo. Trademomo is not liable for any alleged or actual infringement or misappropriation of proprietary rights in your User Submissions.
We reserve the right, without notice, to monitor, censor, edit, move, or remove any and all Content, including User Submissions, at any time and for any reason. We do not endorse or warrant the validity of any opinions or comments expressed by users, and users agree to defend and indemnify Trademomo from third-party claims resulting from User Submissions.
Trademomo may grant specific contractors authority to moderate User Submissions. Due to submission volume, we may not review moderator decisions with users and are not liable for moderator acts or omissions. Individual moderators may adopt their guidelines, but these Terms prevail in case of conflicts.
Suspension of Services
We maintain the authority to temporarily suspend your Account, along with access to the Services and any associated support, at our discretion, without prior notice, and without incurring any liability to you, under the following circumstances:
Failure to settle any outstanding amount within three (3) days after receiving a payment reminder. A reasonable belief that you have violated these Terms. Throughout any suspension duration:
i) Your commitment to adhere to these Terms remains in effect. ii) All fees and charges owed by you continue to be outstanding and must be settled. iii) No credit will be extended during the suspension period. iv) Our right to suspend services is complementary to any other rights or remedies at our disposal, including, but not limited to, termination rights.
Disclaimer of Information Accuracy and Historical Data
We are not accountable if the information made available on this site, as well as on any associated website and/or social media platform, is inaccurate, incomplete, or not current. The material is presented for general information purposes only and should not be solely relied upon for making decisions. It is advised to consult primary, more accurate, more complete, or more timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.
This site may include certain historical information. Historical information is not current by nature and is provided solely for your reference. We reserve the right to modify the contents of this site at any time, with no obligation to update any information. It is your responsibility to monitor changes to our site.
If the Services include links to other sites and resources provided by third parties, these links are offered for your convenience only. We do not control the contents of those sites or resources and assume no responsibility for them or for any loss or damage that may arise from your use of them. If you choose to access any third-party websites linked to the Services, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
Quality Assurance and Imitation Disclaimer
We do not guarantee that the quality of any Products and Services, information, or other material purchased or obtained by you will meet your expectations. Additionally, we do not warrant that any errors in our software, products, and services will be corrected. Imitations of our Products and services are strictly prohibited. You acknowledge that we reserve the right, at any time, to revoke your access and ban you from our site, services, products, and server if there are suspicions of imitation in any form.
Disclaimer of Warranties and Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. You acknowledge that we cannot and do not ensure or warrant that files available for download from the internet or our site will be free of viruses or other destructive code. It is your responsibility to implement sufficient procedures and checkpoints to meet your particular requirements for anti-virus protection, data accuracy, and data reconstruction.
We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated otherwise by us.
Your utilization of Trademomo.com, the Software, Products, and/or Services, and any content, encompassing subscription products and services and mentoring sessions, involves inherent risk. By engaging with the Services, you consent to releasing and absolving Trademomo, Trademomo affiliates, and their respective directors, officers, shareholders, employees, coaches, mentors, agents, and contractors (collectively, “Trademomo Related Persons”) from any and all liability, be it monetary or otherwise, stemming from your reliance on or use of the Services, our products, or any other content.
You acknowledge and affirm that discontinuing the use of the Services and our content or canceling your subscription is your sole recourse if you are dissatisfied with the Services, our products, or other content, or with any outcomes derived from the use of our products and services.
Without limiting the foregoing, neither Trademomo nor any Trademomo Related Person shall bear responsibility for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages or losses of any nature arising in connection with these Terms, the Services, Trademomo content, Trademomo materials, or any other product or service accessed or used through or in connection with the Site or the Services, even if forewarned of the potential for such damages.
In the event that Trademomo is held accountable despite the aforementioned limitations, you agree that the total collective liability of Trademomo and all Trademomo Related Persons shall not exceed the lesser of CA$50 or the total amount (if any) actually paid by you for materials or services (including subscriptions) during the preceding six (6) months before initiating the claim.
You explicitly recognize that our provision of products, services, and other content is predicated on your acceptance of the limitations and exclusions of liability and the disclaimers outlined in these Terms. These limitations and exclusions constitute an integral aspect of the agreement between you and us. Furthermore, you expressly concur that these limitations and exclusions shall persist and remain applicable in instances of fundamental breaches, the ineffectiveness of essential contractual purposes, the failure of any exclusive remedy, or termination of the agreement between you and us.
In jurisdictions where the exclusion of specific warranties is impermissible and the limitations on liability may not be fully enforceable, you acknowledge that our liability shall be restricted to the maximum extent sanctioned by applicable law.
Indemnification
You agree to indemnify, defend, and hold harmless Ellex Capital Inc. (dba Trademomo) and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Third-Party Platforms and Content
The Services may feature links to third-party platforms, websites, applications, and content ("Third Party Materials"). These links are provided for convenience, and their inclusion does not imply Trademomo's warranties, representations, endorsements, approvals, verification, or investigation of the linked sites, or any information, goods, or services offered through them.
Your access to and utilization of third-party websites and Content is at your own risk and might be subject to different terms and conditions concerning the use or disclosure of personally identifiable information. Any interactions, transactions, or agreements between you and third parties are solely your responsibility. Trademomo will not, under any circumstances, be accountable or liable for any loss or damage of any kind resulting from, or in connection with, any correspondence or business dealings you have with third parties.
Trademarks
The trademarks associated with Trademomo, including the Trademomo name, logo, and all related names, logos, product and service names, designs, and slogans, are the exclusive property of Trademomo. You are strictly prohibited from using these trademarks without obtaining our prior written permission. Any other names, logos, product and service names, designs, and slogans appearing on the Services are the property of their respective owners.
International Users
The Services originate from parties with operations in Ontario, Canada, and are owned and operated accordingly. Trademomo.com, its subpages and Content, as well as any related communications, videos, and webinars, are intended for use solely by individuals residing within Canada. Any products and services offered through the Site or the Services are provided only in jurisdictions where legally permissible and are extended exclusively to individuals for whom it is lawful to make a solicitation.
You acknowledge and agree that if you access the Site from any jurisdiction outside of Canada, you are solely responsible for ensuring compliance with any and all laws, rules, and regulations governing your use of the Site, the Services, and our products. We make no representation that the Site or its Content is appropriate, permitted, or lawful for use outside of Canada, and your use of it is at your own risk.
Changes to Terms of Service
We retain the right, at our sole discretion, to update, change, or replace any portion of these Terms of Service by posting updates and changes on our website. It is your responsibility to regularly check our website for any modifications. Your ongoing use of or access to our website or the Service after the posting of any changes to these Terms of Service signifies your acceptance of those changes.
Privacy Policy
All information collected about you is governed by our Privacy Policy. Through your use of our site, content, products, and services, you express consent to all actions taken by us concerning your information in accordance with the Privacy Policy. You can review our privacy policy here: www.trademomo.com/legal/privacy-policy
Minors
The Services are not intended for or directed towards individuals under the age of 19 (or the age of majority in your jurisdiction of residence). Persons in this age group may only use the Site with the express prior written permission of, and under the supervision of, a parent or guardian.
Affiliate Disclosure
A significant number of the links on Trademomo.com are affiliate links, containing special tracking codes. Should you make a purchase through these links, we might receive a small commission. Regardless of whether it's an affiliate link or not, the price of the item remains unchanged for you. Your use of affiliate links helps us maintain our website, products, and services.
Governing Law and Jurisdiction
These Terms are governed by the laws of the province of Ontario, Canada, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the provincial or federal courts located within the province of Ontario, and you consent to the personal jurisdiction of such courts for the purpose of litigating any such action.
In the event of any dispute or claim (referred to as a “Dispute”) arising under or in connection with these Terms or our products or Services that cannot be resolved through friendly discussion, and irrespective of when the Dispute accrues, it will be entirely resolved through individual arbitration (not on a class-wide or collective basis) in Ontario, Canada.
Any questions about the Terms of Service should be sent to us at [email protected].
Last updated: 1/01/2024
