Disclaimer & Terms of Use

These Terms of Service (the “Agreement”) are applicable to the web sites located at the domain layuptrades.com (the “Site”). This site, layuptrades.com, is property of and operated by Layup Trades,LLC (LUT).

The Agreement sets forth the terms of your use of the Site (the “Service”) which are offered to you by LUT. BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY. http://www.layuptrades.com/privacy-policy. THIS AGREEMENT PROVIDES THAT THE PARTIES WILL RESOLVE ANY DISPUTE THROUGH PRIVATE ARBITRATION, AND THEREFORE YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY RESOLVE ANY DISPUTE RELATING TO LUT, THE SITE OR THE SERVICE. LUT reserves the right to change this Agreement from time to time. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are incorporated into this Agreement.

For those Users Under the Age of Eighteen

If you are under eighteen years old, you must have your parent or guardian review and agree to this Agreement on your behalf by clicking the box marked “I accept the Terms of Service / Privacy Policy”. Users under thirteen may not use the Service.

We are Not Registered Broker Dealer or Registered Investment Advisor & Not Qualified to Give Financial Advice

Layuptrades.com provides stock market commentary for informational purposes only. Layuptrades.com will, from time to time, disseminate information regarding specific trades its traders are making. Layuptrades.com and its owners, employees, affiliates, traders, and agents responsible for the content of this site, are not registered as Broker Dealers, Investment Advisors or financial analysts in any jurisdiction whatsoever, nor are they members of any association for research providers. We are not qualified to give financial advice to anyone. You should not treat any opinion expressed on this site as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of their opinions. The trader’s opinions are based upon information they consider reliable, but neither LUT nor its affiliates warrant their completeness or accuracy, and these opinions should not be relied upon as such. We are not obligated to update or correct any information provided on the Site, and any statements and opinions are subject to change without notice.

By Featuring a Particular Strategy or Investment, We are Not Recommending that You Utilize that Strategy or that You Purchase or Sell Certain Companies’ Securities, Which are Highly Speculative

The trading strategies and investments which may be featured on the Site, twitter (@layuptrades), in the chat rooms and in our emails are highly speculative and carry an extremely high degree of risk. LUT does not represent or warrant in any way that by becoming a subscriber to the Service that you will make money trading, nor that you will become a better trader. LUT does not guarantee any specific outcome or profit.

You should be aware of the real risk of loss in following any strategy or investment discussed on the Site. Strategies or investments discussed may fluctuate in price or value. Investors may get back less than invested. An Investor’s use of the strategies and information provided by our traders is at the investor’s sole risk, which may result in the loss of some or all of an investor’s entire investment. LUT makes no recommendation that the featured strategizes or securities of the companies involved should be purchased, sold or held by individuals or entities that learn of these strategies and companies through the Site. Past performance is not indicative of future results.

Do Not Just Listen to What We Say, Do Your Own Research

Investments or strategies mentioned on the Site may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on the Site. Before acting on information, you should consider whether it is suitable for your particular circumstances and you should seek advice from your own financial or investment adviser before deciding to follow any of the strategies or investments of our guest traders.

General Use of the Service

The Service is accessible through your personal computer or other access device at the Site. As part of the Service, you will be provided with investment ideas and other information, editorial content, chat rooms, links to other web sites and other related services that LUT may decide to offer. LUT does not guaranty a minimum number of investment ideas that its traders will publish. Further, there is no guarantee that any trades will actually be made and, if they are, there is no guarantee that an explanation of those trades will be provided. LUT may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to,

1. restricting the time of availability
2. restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems)
3. restricting the amount of use permitted, and
4. restricting or terminating any User’s right to use all or part of the Service, at any time in LUT’s sole discretion and without prior notice or liability other than as provided below.

The Service is owned and operated by LUT and contains material that is derived in whole or in part from material supplied and owned by LUT and/or its suppliers and licensors. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to code and software (“Material”). You may not download any Material from the Service for your personal, or commercial use without the prior written consent of LUT.

Chat Rooms

Certain subscription plans will allow you access to chat rooms as part of the Service. Your use of the chat rooms are specifically governed by these terms of use, including the following. Any message posted in the chat rooms expresses only the views of the author of the message and does not reflect the views of LUT or any person or entity associated with it. While LUT may use moderators and administrators to monitor the content and appearance of messages posted in the chat rooms, you acknowledge that LUT is under no obligation to do so. Considering the real-time nature of the chat rooms, it is impossible for us to monitor or review every message. You agree that neither LUT, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted in the chat rooms. You agree that you will not use the chat rooms to post any material, or links to any material, or to attach files, which includes material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violates any law. You agree you will not post promotional information for a website or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. Users who breach this provision are authorizing LUT to delete the post and terminate any further access by you to the Service (without refund of any prepaid amounts). You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or LUT.

Your use of the chat rooms grants LUT a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post in our chat rooms for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

Advertisements, referral programs, pyramid schemes, and solicitations are also inappropriate in LUT chat rooms. Any user who believes that a posted message is objectionable is encouraged to contact us immediately by emailing us at jmvalatrades@gmail.com. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. LUT reserves the right to delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless LUT and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).

Membership

When you register to use the Service, you will be required to provide certain information about yourself. You agree to provide true, accurate and complete information, and to update this information when it changes. Any personally identifiable information will be subject to the terms of our Privacy Policy. LUT has no obligation to monitor the use of the Service by members, but reserves the right to do so at any time. LUT reserves the right at all times to refuse to post, alter or remove any Material, in whole or in part, in its sole discretion.

Subscription Terms. Fees.

SERVICE. We offer a newsletter Service available at the following rates: $150 per month, $350 per quarter, or $1000 per year.

Trial Period

We do NOT offer a trial period. Our subscription rate is charged when you sign up for the Service. This amount is non refundable under any circumstances.

Automatic Enrollment

When you sign up you will be AUTOMATICALLY enrolled as a subscriber and CHARGED AN ADDITIONAL $150 (or $350 or $1000) at the beginning of each new billing period, UNLESS YOU CANCEL the service during the current billing period. Subscribers can go to the “my account” (found here) section of the website and click the “unsubscribe” button in order to cancel their subscription. If the subscription is NOT CANCELED by the end of the last day of the billing period, your credit card WILL BE CHARGED AN ADDITIONAL $150 (or $350, or $1000) which amount is NON-REFUNDABLE. All sales are final.

Refund Policy

We do NOT offer refunds under ANY circumstances. ALL SALES ARE FINAL.

Coupon Codes

If you sign up with a coupon code (discount) there are NO REFUNDS unless the applicable coupon stated in writing that there was a refund opportunity attached to your discount. For example, during certain promotional periods layuptrades.com may offer a discount with a 7-day money back guarantee. During these promotions, the applicable coupon code will specifically include the guarantee in writing. You will have your discounted rate for the lifetime of your subscription.

You must have Internet access, a valid email address and a valid credit card to register for the Service. LUT will charge your credit card for the subscription fees corresponding to your subscription plus any applicable taxes. LUT will continue to bill your credit card on a regular basis for your plan until you cancel. We reserve the right to modify, terminate or otherwise amend our offered subscription plans. In the event of a change in any fees, the fee changes will be posted or you will be sent an email prior to the effective date of the change. It is your sole responsibility to check this page from time to time for any such notices.

Credit Card Authorization

By subscribing to the Service, you are expressly agreeing that we are permitted to bill you a periodic subscription fee, any applicable tax and any other charges you may incur in connection with your use of the Service. YOU WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE CREDIT CARD YOU PROVIDE. The subscription fee will be billed at the beginning of your subscription and on each periodic renewal thereafter unless and until you cancel your membership. You must cancel your subscription before it renews each period in order to avoid being charged for the next period’s subscription fees. We will automatically bill your credit card on the calendar day corresponding to end of your billing period (if you sign up on April 1, you will next be charged on May 1). In the event your subscription began on a day not contained in a given month, we will bill your credit card on the last day of the month (e.g, if you became a paying member on March 31, your credit card would next be billed on April 30). The charges will appear on your bill as “LUT LLC.” There will be no refunds or credits for partially used periods, unless required by applicable law. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by posting a notice or by e-mail. If your credit card reaches its expiration date, your continued use of the Service constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. If a charge to your credit card is denied for any reason, LUT shall have the right to terminate or suspend your subscription and your access to the Service.

Cancellation

You may cancel your subscription at any time, and cancellation will be effective at the end of the current billing period. You will lose access to the Service on the last day of the current billing period. LUT DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. LUT reserves the right to discontinue any subscription at any time, and to cancel your subscription in connection with the discontinuation of the Service; in such event, LUT will provide a pro-rata return of your subscription fee based on the unused portion of your subscription. LUT reserves the right to terminate your account for any reason or no reason.

Cookies

In order to provide you with ease of access to your account, LUT may place a cookie (a small text file) on any computer from which you access the Service. When you revisit the Service, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You also are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you’re a victim of identity theft and it involves a LUT account, you should notify us immediately. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. LUT reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself from what it believes to be fraudulent activity. LUT is not obligated to credit or discount a membership for holds placed on the account by either a representative of LUT or by the automated processes of the Service.

No Redistrubution

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

Disclaimer of Warranties

LUT MAY PROVIDE LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. LUT, ITS AFFILIATES OR SUPPLIERS DO NOT OPERATE, OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LUT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. LUT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SERVICE WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME. LUT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE.

YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION.

Users Under the Age of 18

If you have agreed to allow your minor child to use the Service, you agree that you shall be solely responsible for: (i) his or her conduct; (b) monitoring his or her access to and use of the Service; and (c) the consequences of his or her use of the Service. Children under the age of 13 may not register for the Service. We may ask whether users are under the age of 18 or 13, and LUT relies on our users to be truthful in responding to these questions. If a user does not identify his/her proper age, we will have no way of verifying actual age. LUT is concerned about the safety and privacy of all its users, particularly children. However, as your child’s legal guardian, it is your responsibility, not the responsibility of LUT, to determine whether any portion of the Site, or any site linked from the Site, is appropriate for your child.

Infringement Policy

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), LUT reserves the right, but not the obligation, to terminate your use of the Service if it determines that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material (the “Material”) is ultimately determined to be infringing. LUT accommodates and does not interfere with standard technical measures used by copyright owners to protect their Material. In addition, LUT maintains procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to LUT in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement, by e-mail at jmvalatrades@gmail.com.

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LUT to locate the Material.
• Information reasonably sufficient to permit LUT to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the Material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Illinois Law & Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles of conflicts of law. You hereby agree that any disputes arising under or in connection with this Agreement and/or the Service shall be submitted for resolution to federal and state courts located in Cook County, Illinois, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Arbitration

You agree that any dispute, claim or controversy relating to LUT, the Site or the Service shall be submitted for binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), as modified by any other instructions that the parties may agree upon at the time. If there is any conflict between the AAA rules and the provisions of this Agreement, the provisions of this Agreement shall control. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules, who shall be bound by and shall strictly enforce the terms of this Agreement and may not limit, expand or otherwise modify its terms, and shall make a good faith effort to apply substantive applicable law. The arbitrator’s decision shall provide a reasoned basis for the ruling, which shall be final and binding upon the parties. Each party shall bear its own fees and expenses with respect to the arbitration and any proceeding related thereto and the parties shall share equally the fees and expenses of the AAA and the arbitrator.