Disclaimer
Terms and Conditions of www.buysellfreedom.com
By using any of our Services (even just browsing one of our websites), you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you may not use our Services.
These Terms and Conditions of Service and Use of www.buysellfreedom.com (the “Terms and Conditions“) are hereby made effective as of Jan 1, 2012 and last updated December 2, 2024 by Buy Sell Freedom PTY LTD (“Buy Sell Freedom PTY LTD” or “we” or “us” or “our“), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of www.buysellfreedom.com, hereby amend and restate any such prior terms and conditions.
www.buysellfreedom.com, and all related content, materials and services (collectively, the “Site“) is an online resource related to the trading of securities that provides its customers and members with interactive chat rooms, trading, investment and research tools and simulators, and educational classes, materials and resources for use by customers and members in connection with their trading activities. “Securities” as used herein and for the purposes of these Terms and Conditions, shall include but not be limited to, money, securities, commodities and other investments of every kind and nature and all contracts and options relating thereto, whether for present or future delivery.
In consideration of each member or customer’s (each, a “customer” or “you“) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of Buy Sell Freedom PTY LTD.
You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of my use of the Site and the products and services of Buy Sell Freedom PTY LTD. By clicking “I AGREE” and/or using or accessing the Site, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of Buy Sell Freedom PTY LTD. If you are unwilling to be bound by these Terms and Conditions, you will not click “I AGREE” and/or use or access the Site. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT CLICKING “I AGREE” IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
General Terms
By clicking “I AGREE” and/or using or accessing the Site, you agree that:
(a) you have received, read, and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms herein;
(b) you will be bound by these Terms and Conditions, as well as any terms, conditions, or other rules, regulations, or policies of BUY SELL FREEDOM, which may be amended or supplemented at any time at our sole discretion without notice; and
(c) your use of the Site will comply with all applicable Australian federal, state, and local laws, rules, or regulations, and that you are solely responsible for ensuring your compliance with, familiarity with, and understanding of any such laws, rules, or regulations applicable to your use of the Site.
If you do not agree with any part of these Terms and Conditions, you are prohibited from using or accessing the Site.
Additionally, by using or accessing the Site, you represent and warrant that you:
(a) are eighteen (18) years of age or older;
(b) are not currently restricted from using the Site or prohibited from having an account with us;
(c) are not a competitor of BUY SELL FREEDOM or engaged in any business or activity, directly or indirectly, that could compete with BUY SELL FREEDOM or its products and services;
(d) have full power and authority to enter into and comply with these Terms and Conditions, and that doing so will not violate any other agreement to which you are a party;
(e) will not violate any intellectual property rights of BUY SELL FREEDOM, including but not limited to patent, copyright, or trademark rights; and
(f) will provide, operate, and maintain, at your sole risk, cost, and expense, all equipment, software, and internet access necessary to use the Site.
Prohibited Actions
Without limiting the generality of the foregoing or any other provision herein, you acknowledge and agree to the following:
- The content, materials, services, and intellectual property within the Site are owned by BUY SELL FREEDOM and are protected under Australian copyright, trademark, patent, and similar laws.
- You will not:
- Promote, offer for sale, or sell any product or service, including financial or investment products or services, or run contests or promotions.
- Transmit or post unauthorized commercial communications (e.g., spam) using the Site.
- Access the Site using automated means (e.g., bots, spiders, or scrapers).
- Engage in multi-level marketing through the Site (e.g., pyramid schemes).
- Upload or disseminate viruses, malicious code, or abusive scripts.
- Solicit login credentials or personal information from other users or access others' accounts.
- Bully, intimidate, harass, or post hateful, threatening, pornographic, or otherwise objectionable content.
- Use the Site unlawfully, including in violation of Australian securities laws or regulations.
- Take any action that could disable, overburden, or impair the Site (e.g., denial of service attacks).
- Manipulate Site traffic or submissions to mislead or generate artificial engagement.
- Defame or disparage BUY SELL FREEDOM, its products, services, or Site.
- Publicly share your account or access to the Site or its services.
- Issue chargeback disputes against BUY SELL FREEDOM.
- Use protected intellectual property without proper consent.
- Copy, distribute, or transfer the Site or its content to others, or mirror the Site on another server.
- Decompile, reverse engineer, or attempt to reverse engineer the Site.
- Share or request personal information with/from other members.
Usage Restrictions
All content, materials, and services related to the Site are for your personal use only in connection with your trading activities. You agree not to use the Site for any other purpose.
Violations and Consequences
Violating any of these terms will result in your immediate removal from BUY SELL FREEDOM and forfeiture of your right to request a refund.
Ownership; Limited License
By becoming a customer of BUY SELL FREEDOM and using the Site, BUY SELL FREEDOM hereby grants you a limited, revocable license to use the Site, and its content, materials, and services, solely for your personal use and for the purposes set forth on the Site. This license is subject to these Terms and Conditions and all other rules, regulations, and policies imposed or adopted by BUY SELL FREEDOM in connection with the Site, which may be amended by BUY SELL FREEDOM at any time in its sole discretion and without notice. This limited revocable license is freely revocable and terminable by BUY SELL FREEDOM at any time, without cause and at its sole discretion.
Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation, or policy of BUY SELL FREEDOM. Upon revocation or termination of this limited revocable license, you agree to destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control. You acknowledge that after such revocation or termination, BUY SELL FREEDOM may deny your access to the Site and any other BUY SELL FREEDOM content, materials, or services at its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated will be handled in accordance with the terms of BUY SELL FREEDOM’s Privacy Policy. Any information you submit to BUY SELL FREEDOM is at your own risk of loss, and BUY SELL FREEDOM assumes no liability or responsibility for such information.
BUY SELL FREEDOM reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other rights in and to the Site, the products and services of BUY SELL FREEDOM, and all related content, materials, services, and other documents, information, or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of BUY SELL FREEDOM, and all related content, materials, services, and other documents, information, or items, including any copies or derivative works thereof, are owned by BUY SELL FREEDOM and are protected by copyright, trademark, and other intellectual property laws applicable under Australian law.
You further acknowledge and agree that the Site, the products and services of BUY SELL FREEDOM, and related content, materials, services, and other documents, information, or items, including any copies or derivative works thereof, contain certain proprietary data and information of BUY SELL FREEDOM. You agree not to use this data or information for any unlawful or unauthorized purpose and to make reasonable efforts to protect it from unauthorized distribution or use.
Additionally, you grant BUY SELL FREEDOM an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid-up, and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data, or suggestions submitted to the Site. This includes, but is not limited to, purposes such as improving or modifying the Site, its content, materials, or services, or creating or developing new content, materials, services, or products related to, arising from, or ancillary or similar to the Site, without any further consent, notice, or compensation to you or any third parties.
Consent to Utilize Audio, Video and Photography from Live Events
Buy Sell Freedom may host in person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending Buy Sell Freedom events, you agree to allow Buy Sell Freedom to utilize audio, video, and photographs that you may appear in.
Violation; Termination of Account
Here’s the updated version tailored for you as an Australian resident in Queensland:
BUY SELL FREEDOM reserves the right to investigate violations of any of these Terms and Conditions, any other policies of BUY SELL FREEDOM or the Site, or any other violations of applicable Australian federal, state, or local laws, rules, or regulations, and to pursue any remedy available to BUY SELL FREEDOM, whether at law, in equity, or otherwise. You hereby acknowledge and agree that BUY SELL FREEDOM may notify, involve, and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions, any other policies of BUY SELL FREEDOM or the Site, or any applicable Australian federal, state, or local laws, rules, or regulations.
You further acknowledge and agree that BUY SELL FREEDOM has no obligation to, and does not, screen or monitor any users, information, materials, or other content provided or made available through the Site, but retains the right to do so at any time in its sole discretion. You further acknowledge and agree that BUY SELL FREEDOM may, in its sole discretion, remove or delete any entries, information, materials, or other content, and terminate the subscription, membership, or account (collectively, your “account”) of any user who violates these Terms and Conditions or otherwise posts, submits, or disseminates content that BUY SELL FREEDOM finds, in its sole discretion, to be objectionable.
You acknowledge and agree that BUY SELL FREEDOM may, in its sole discretion, cancel, suspend, or terminate your account if you breach these Terms and Conditions. BUY SELL FREEDOM may refuse, in its sole discretion, to permit any use of the Site and may refuse to permit any person to access or use the Site or their account for any reason at any time.
Purchases and Refunds
Through the Site, BUY SELL FREEDOM offers both individual products for sale and subscription, membership, or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase, and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
When purchasing subscription, membership, or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge, and allow BUY SELL FREEDOM to store (or cause a third party to store on behalf of BUY SELL FREEDOM) such payment information and agree to the following policies and procedures for payment of subscription, membership, or other periodic fees related to the Site.
Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by BUY SELL FREEDOM in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate, or any payment is otherwise rejected by the issuing company, BUY SELL FREEDOM may immediately terminate your account or service.
It is solely your responsibility to ensure:
- That valid credit card information remains on file for your account or service and its automatic renewal; and
- That a valid email address remains on file for your account or service for any communications from BUY SELL FREEDOM related thereto.
All payments made to BUY SELL FREEDOM in connection with any product purchased or account or service, and any renewal thereof, are non-refundable. BUY SELL FREEDOM does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or BUY SELL FREEDOM is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
All fees charged by BUY SELL FREEDOM in connection with any product purchased or account or service of the Site are exclusive of any Goods and Services Tax (GST), levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such GST, levies, or duties arising from your purchase of products or use of the Site.
Modifications to the Site and Pricing
Buy Sell Freedom reserves the right to, and you acknowledge and agree that Buy Sell Freedom may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, Buy Sell Freedom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof) without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Buy Sell Freedom’s sole discretion, to a price increase. Buy Sell Freedom shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
Without limiting the foregoing, Buy Sell Freedom may use banner notices or similar devices to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from Buy Sell Freedom or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that Buy Sell Freedom may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Cancellations
Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term.
When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking here or by clicking on the “Subscriptions” tab on the Member Dashboard, which is accessed, among other means, by the “Account” link at the top of the home page of the Site, and by following the onscreen prompts, or (ii) by requesting such cancellation in writing by email to support@buysellfreedom.com, which cancellation request must receive a confirmation of receipt from Buy Sell Freedom and which cancellation will be processed by Buy Sell Freedom in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled, and you assume all responsibility for preserving any data, content or information on your account or service prior to its cancellation. Buy Sell Freedom may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
General Disclaimer of Warranties
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER.
BUY SELL FREEDOM DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, BUY SELL FREEDOM DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, AVAILABILITY, SERVICE LEVELS, TIMELINESS, AND PERFORMANCE OF THE SITE; BUY SELL FREEDOM DISCLAIMS ALL LIABILITY FOR ANY CLAIMS, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEY’S FEES) RELATED TO THE FOLLOWING, AND DOES NOT WARRANT THAT (I) THE SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE, SECURE OR ERROR-FREE, (III) THAT ANY RESULTS MAY BE OBTAINED FROM YOUR USE OF THE SITE, OR THAT ANY DATA, CONTENT OR INFORMATION ON THE SITE IS, OR WILL BE, VALID, ACCURATE, TIMELY, ADEQUATE, COMPLETE, LEGAL OR OTHERWISE RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED.
BUY SELL FREEDOM DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SITE; AND, BUY SELL FREEDOM DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, AND ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO, IS SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, THAT RESULTS FROM OR ARISES FROM YOUR USE OF THE SITE, OR ANY CONTENT, SERVICES OR OTHER INFORMATION OR MATERIALS RELATED THERETO. YOU HEREBY EXPRESSLY DISCLAIM AND RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, RELATED TO OR ARISING FROM, THE WARRANTIES DISCLAIMED BY BUY SELL FREEDOM HEREBY.
Disclaimers
BUY SELL FREEDOM EXPRESSLY DISCLAIMS AND DISCLOSES AS FOLLOWS, AND YOU HEREBY CONFIRM THAT YOU UNDERSTAND, ACKNOWLEDGE AND AGREE AS FOLLOWS, AND EXPRESSLY DISCLAIM, RELEASE AND WAIVE ANY LIABILITY, CLAIM, DAMAGES, LOSS, COST OR EXPENSE, INCONSISTENT WITH, RELATED TO OR ARISING FROM THE FOLLOWING:
Your Responsibility
BUY SELL FREEDOM is not registered as a financial adviser with the Australian Securities and Investments Commission (ASIC). Rather, BUY SELL FREEDOM relies upon the “general advice exemption” under Australian financial services laws. As such, BUY SELL FREEDOM does not offer or provide personalised financial advice. To the extent any of the content, material, information, and/or any other kind of informational offering published, broadcast, or otherwise stated on this Site, and/or associated websites, may be deemed to be "financial advice," such information is general in nature and not tailored to the financial needs or circumstances of any specific individual.
The information contained within this Site, and/or associated websites, is provided for informational and educational purposes only. The information should not be construed as financial, investment, or trading advice and is not intended to be a solicitation or recommendation to buy, sell, or hold any securities, indices, or other financial products mentioned. The content and information provided by BUY SELL FREEDOM, the Site, and the other products and services of BUY SELL FREEDOM are solely incidental to the business and activities of BUY SELL FREEDOM in providing educational services.
You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability, or appropriateness for you of any financial product, investment, strategy, or other matter, and all other matters related to your investments and financial planning. BUY SELL FREEDOM does not and will not provide you with any legal, tax, estate planning, accounting, or personalised financial advice, or any advice regarding the suitability, profitability, or appropriateness for you of any financial product, investment strategy, or other matter. You understand, acknowledge, and agree that BUY SELL FREEDOM employees are not authorised to give any such advice, and you will neither solicit nor rely on any financial advice from any BUY SELL FREEDOM employee.
BUY SELL FREEDOM recommends that individuals wishing to trade or invest in financial products do so cautiously and only in consultation with their professional, licensed, and qualified financial, legal, tax, estate planning, and accounting advisers.
No data, content, or information provided by BUY SELL FREEDOM, the Site, or the other products and services of BUY SELL FREEDOM is intended to constitute or be construed as advice or any recommendation to buy or sell securities or other financial products, nor any offer or solicitation of an offer to buy or sell securities, nor an attempt to influence the purchase or sale of any financial product. BUY SELL FREEDOM is not registered as a financial adviser with ASIC, any other Australian governmental or regulatory authority, or any international regulatory authority, and the business and activities of BUY SELL FREEDOM do not require such registration.
Research, Informational and Educational Purposes Only
No writer, editor, presentor, or employee of BUY SELL FREEDOM, nor BUY SELL FREEDOM, offers or provides personalized investment advice. All data, content and information is impersonal and not tailored to the investment needs of any specific person. Such data, content and information is provided for research, informational and educational purposes only.
BUY SELL FREEDOM does not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter.
Data, Content and Information
No data, content or information provided by BUY SELL FREEDOM, the Site or the other products and services of BUY SELL FREEDOM, is intended, and shall not constitute or be construed as, advice or any recommendation to buy, sell or hold a particular security or pursue any particular investment strategy.
BUY SELL FREEDOM neither assumes responsibility for, nor guarantees the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, investment ideas or other materials that may be accessed by you through the Site or the other products or services of BUY SELL FREEDOM. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting through BUY SELL FREEDOM. If you choose to rely on such information, you understand, acknowledge and agree do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the Site or the other products or services of BUY SELL FREEDOM is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by BUY SELL FREEDOM, the Site or the other products and services of BUY SELL FREEDOM.
BUY SELL FREEDOM cannot, and does not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
The forum and chat rooms on the Site are comprised of customers and members (including, without limitation, moderators who are in the employ of BUY SELL FREEDOM) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by BUY SELL FREEDOM to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chat rooms (whether such data, content or information is posted by BUY SELL FREEDOM or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by BUY SELL FREEDOM or its directors, officers, shareholders, employees, agents or affiliates. As such, BUY SELL FREEDOM is not responsible for the accuracy of data, content or information or any performance data in any forum or chat room; and the accuracy of data, content or information or any performance data are not guaranteed, may not be current and should not be relied upon. Nothing in any forum or chat room is intended as, nor should you rely on it as, investment advice provided by BUY SELL FREEDOM or its directors, officers, shareholders, employees, agents or affiliates.
BUY SELL FREEDOM does not control, and does not endorse, any data, content or information posted on the forum or chat room on the Site. You understand, acknowledge and agree that your participation therein is at your own risk, and BUY SELL FREEDOM expressly disclaims responsibility for any such data, content or information. BUY SELL FREEDOM has the right (but not the obligation) to review and take down any data, content or information. You understand, acknowledge and agree that by accessing the forum or chat room on the Site, you may be exposed to material that you deem to be offensive, indecent, obscene or otherwise objectionable. Under no circumstances will you hold BUY SELL FREEDOM, or its directors, officers shareholders, employees, agents or affiliates, liable for any such content displayed or made available through the Site, or for any loss or damage of any kind incurred as a result of your use of the forum or chat room on the Site.
Without limiting the generality of the foregoing, you understand, acknowledge and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary is opinion and ideas only and does not constitute any recommendation whatsoever, and you should not rely on such opinions and ideas which may not be complete or accurate. Each of BUY SELL FREEDOM’s services, products and site are available for informational and educational purposes only. None of the information contained in the site (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.
You understand, acknowledge and agree that MODERATOR results may be based on simulated or hypothetical performance, and such results have certain inherent limitations. Unlike the results shown in an actual performance record, such results do not represent actual trading. Your actual results may differ from results reported for many reasons, including, without limitation: performance results do not reflect actual trading commissions that You may incur; performance results 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 may be volatile, and server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time You begin subscribing may be higher than such prices at the time such investments were chosen; You may not have the capital to trade as frequently as the moderator; and the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.
You understand, acknowledge and agree that, For informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under-or-over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge and agree that the Site contains simulated or hypothetical trading programs. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.
You understand, acknowledge and agree that BUY SELL FREEDOM and its directors, officers, shareholders, employees, agents and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that BUY SELL FREEDOM, and its directors, officers, shareholders, employees, agents and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide BUY SELL FREEDOM any data.
Through your use of the site, You expressly contract and consent to the operations of BUY SELL FREEDOM (including the moderator actions and omissions discussed above) and release BUY SELL FREEDOM, and its directors, officers, shareholders, employees, agents and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from or relating to moderator statements (written or oral), actions and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. you Should only invest funds that are not allocated for other purposes, such as retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to loose. Don’t trade with money you can’t afford to lose.
Activities of BUY SELL FREEDOM Personnel
BUY SELL FREEDOM, and its directors, officers, shareholders, employees, agents and affiliates, are active investors and traders of securities. Such parties may, not are not required to, purchase or sell any security, or engage in any investment strategy, contained in any data, content or information on the Site, or in the other products or services of BUY SELL FREEDOM. Such parties will purchase or sell securities, and engage in any investment strategies, in their sole discretion, at any time and without notice, and shall not, and are not required to disclose or otherwise notify you, or any other person or party, with respect to any such decisions or activities. For the avoidance of doubt, such parties may not always adhere to BUY SELL FREEDOM strategies and are not required to disclose or notify you, or any other person or party, with respect to any such decisions or activities. BUY SELL FREEDOM personnel adhere to their unique individual plans developed and implemented by them with or without BUY SELL FREEDOM, and experiences will not be duplicated and are not typical.
BUY SELL FREEDOM does not engage in, and its business and activities shall not constitute or be construed as, a business or activity with the purpose of creating a false or misleading appearance of active trading in any security, or a false or misleading appearance with respect to the market for such security, to effect any transaction in such security which involves no change in the beneficial ownership thereof, to enter an order or orders for the purchase of such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the sale of any such security, has been or will be entered by or for the same or different parties, or to enter any order or orders for the sale of any such security with the knowledge that an order or orders of substantially the same size, at substantially the same time, and at substantially the same price, for the purchase of such security, has been or will be entered by or for the same or different parties.
BUY SELL FREEDOM does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions creating actual or apparent active trading in a security, or raising or depressing the price of such security, for the purpose of inducing the purchase or sale of such security by others.
BUY SELL FREEDOM does not engage in, and its business and activities shall not constitute or be construed as, a business or activity to effect a series of transactions for the purchase and/or sale of a security for the purpose of pegging, fixing, or stabilizing the price of such security in contravention of any law, rule or regulation.
You understand, acknowledge and agree that BUY SELL FREEDOM, and its directors, officers, shareholders, employees, agents and affiliates, engage in active trading of securities, but do not willfully participate in any activity described in the three preceding paragraphs. Accordingly, you hereby waive and release any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your purchase or sale of a security at a price that may have been affected by the business or activities of BUY SELL FREEDOM, or its directors, officers, shareholders, employees, agents or affiliates.
Investments and Results
The purchase and sale of securities, futures, or commodities involve a high degree of risk and is speculative in nature. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities, futures or commodities.
BUY SELL FREEDOM, and the content and information contained on the Site, and in other products and services of BUY SELL FREEDOM, do not indicate or guaranty any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
As more fully set forth herein, BUY SELL FREEDOM, and its directors, officers, shareholders, employees, agents and affiliates, make no representation, warranty or guaranty as to the validity, adequacy, timeliness, accuracy, reliability or completeness of any data, content or information. You should independently analyze, review and confirm any such data, content or information.
BUY SELL FREEDOM may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you. Your results may differ materially from those expressed or utilized by BUY SELL FREEDOM due to a number of factors.
COMMODITY FUTURES TRADING COMMISSION RULE 4.41: Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown, in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight, in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
In accordance with the Australian Consumer Law (ACL) and guidelines provided by the Australian Competition and Consumer Commission (ACCC) concerning the use of endorsements and testimonials in marketing and advertising, please be aware of the following:
Endorsements, testimonials, or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of BUY SELL FREEDOM. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance. Your results and performance are likely to vary or differ materially. The endorsements, testimonials, or descriptions of past performance are individual experiences, reflecting real-life experiences of customers or members, and are not representative of the results and performances of all customers and members.
Endorsements, testimonials, or descriptions of past performance appearing on the Site were received via text, audio, or video submissions from customers or members. The endorsements, testimonials, or descriptions of past performance (text, audio, and/or video) are presented verbatim except for corrections of grammatical or typing errors and editing for length. In other words, the entire message received from the customer or member may not be displayed if it seemed lengthy or if not all content appeared relevant for the general public.
No endorsements, testimonials, or descriptions of customers or members that appear on the Site involved payment or compensation for their submissions.
Adam Jowett’s experience with trading is not typical, nor is the experience of individuals featured in testimonials. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time.
We do not track the typical results of our current or past students. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable.
In a research paper published in 2014 titled “Do Day Traders Rationally Learn About Their Ability?”, professors from the University of California studied 3.7 billion trades from the Taiwan Stock Exchange between 1992-2006 and found that only 9.81% of day trading volume was generated by predictably profitable traders and that these predictably profitable traders constitute less than 3% of all day traders on an average day. *Citation 1
In a 2005 article published in the Journal of Applied Finance titled “The Profitability of Active Stock Traders” professors at the University of Oxford and the University College Dublin found that out of 1,146 brokerage accounts day trading the U.S. markets between March 8, 2000 and June 13, 2000, only 50% were profitable with an average net profit of $16,619. *Citation 2
In a 2003 article published in the Financial Analysts Journal titled “The Profitability of Day Traders”, professors at the University of Texas found that out of 334 brokerage accounts day trading the U.S. markets between February 1998 and October 1999, only 35% were profitable and only 14% generated profits in excess of than $10,000. *Citation 3
The range of results in these three studies exemplify the challenge of determining a definitive success rate for day traders. At a minimum, these studies indicate at least 50% of aspiring day traders will not be profitable. This reiterates that consistently making money trading stocks is not easy. Day Trading is a high risk activity and can result in the loss of your entire investment. Any trade or investment is at your own risk.
Third Party Websites
The Site, and other products and services of BUY SELL FREEDOM, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. BUY SELL FREEDOM has not reviewed all of the sites linked to or from the Site, or other products and services of BUY SELL FREEDOM, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of BUY SELL FREEDOM, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
Limitations of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, BUY SELL FREEDOM, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF BUY SELL FREEDOM, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF BUY SELL FREEDOM, IN EXCESS OF THREE TIMES THE MOST RECENT MONTHLY FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $250, WHICHEVER AMOUNT IS GREATER.
THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY BUY SELL FREEDOM IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.
Indemnification
You shall, and hereby agree to, indemnify and hold harmless, BUY SELL FREEDOM, and its officers, directors, shareholders, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of BUY SELL FREEDOM, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.
Privacy and Personal Information
BUY SELL FREEDOM shall have the right to use and disclose any information provided by you through the Site, or other products or services of BUY SELL FREEDOM (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of BUY SELL FREEDOM. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.
Modifications
BUY SELL FREEDOM reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.
BUY SELL FREEDOM may make changes to the Site, and the other products and services of BUY SELL FREEDOM, at any time without notice. BUY SELL FREEDOM does not, however, make any commitment to update the Site, and the other products and services of BUY SELL FREEDOM.
Governing Law
This Section 14 is referred to as the Arbitration Agreement. You agree that any and all disputes or claims that have arisen or may arise between you and BUY SELL FREEDOM, including but not limited to claims arising out of or relating to these Terms and Conditions or in connection with your use of the Services, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in a small claims court if your claims qualify. You agree that, by agreeing to these Terms, you and BUY SELL FREEDOM are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Australian Consumer Law governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate, provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
You and BUY SELL FREEDOM agree that each may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and BUY SELL FREEDOM agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
Many issues can be resolved quickly by emailing BUY SELL FREEDOM’s Customer Care team at support@buysellfreedom.com. The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If you and BUY SELL FREEDOM do not resolve the claim within sixty (60) calendar days after the Notice is received, you or BUY SELL FREEDOM may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BUY SELL FREEDOM or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BUY SELL FREEDOM is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the rules and procedures of the Australian Centre for International Commercial Arbitration (ACICA), including ACICA’s Arbitration Rules, as modified by this Arbitration Agreement. If there is any inconsistency between any term of the ACICA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and Applicable Law and Rules. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless you and BUY SELL FREEDOM agree otherwise, any arbitration hearings will take place in Brisbane, Queensland. If your claim is for AUD $10,000 or less, BUY SELL FREEDOM agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the ACICA Rules. If your claim exceeds AUD $10,000, the right to a hearing will be determined by the ACICA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees will be governed by the ACICA Rules unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the ACICA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than Subsection A above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of Subsection A is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of these Terms and Conditions will continue to apply.
Except as otherwise provided herein, any action, claim, or dispute between you and BUY SELL FREEDOM, including but not limited to those relating to these Terms and Conditions, will be governed by the laws of the State of Queensland, excluding its conflicts of law provisions, and applicable Australian federal law.
United States Investors Only
The Site, and the other products and services of BUY SELL FREEDOM, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of BUY SELL FREEDOM, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. BUY SELL FREEDOM reserves the right to limit the availability of the Site, and any other products or services of BUY SELL FREEDOM, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way.
Entire Agreement
You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of BUY SELL FREEDOM, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.
Waivers
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
Questions?
Questions about these Terms and Conditions should be addressed to support@buysellfreedom.com. Questions about billing should be addressed to support@buysellfreedom.com.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
Sources
Citation 1: Barber, Brad & Lee, Yong-Ill & Liu, Yu-Jane & Odean, Terrance. (2014). Do Day Traders Rationally Learn About Their Ability?. SSRN Electronic Journal. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2535636
Citation 2: Garvey, Ryan and Murphy, Anthony, The Profitability of Active Stock Traders. Journal of Applied Finance , Vol. 15, No. 2, Fall/Winter 2005. Available at SSRN: https://ssrn.com/abstract=908615
Citation 3: Douglas J. Jordan & J. David Diltz (2003) The Profitability of Day Traders, Financial Analysts Journal, 59:6, 85-94, DOI: 10.2469/faj.v59.n6.2578