Terms & Conditions

Terms

Last updated, September, 2021

Welcome to Pro Markets Agency LLC, owner of tradestrending.com, dailywealthjournal.com, dailywealthpub.com, and capitalist pub.com (“Pro Markets” and the “Sites”). This User Agreement between you and Pro Markets Agency LLC (“Pro Markets” “We” or the “Company”), governs your access to and use of the Services, Sites, and Applications offered by Pro Markets. Your access to and use of the Sites is conditioned on your acceptance of and compliance with this agreement.

User Agreement

The following agreement (“Terms”) describes the terms on which we offer you access to our Sites and Services, defined below. Capitalized terms used in these Terms shall have the meanings set forth below under “Definitions” or in the text of these Terms. Our offer to allow you to access the Sites and Services is conditioned on your agreement to all of the terms and conditions contained in these Terms, including your compliance with the policies and terms linked to (via URLs or hyperlinks) from this Agreement, such as our Privacy Policy. If you do not agree to be bound by these Terms in their entirety, you must cease accessing or otherwise using the Sites and Services in any way. Your use of any of the Sites or Services constitutes your agreement to these Terms.

We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Sites or Services following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Sites or Services upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms, and read the messages we send you to inform you of any changes.

DEFINITIONS

“Company” or “Pro Markets” or “We” shall mean Pro Markets Agency LLC, and/or any of its affiliates, individually and collectively, doing business as Pro Markets Agency LLC or otherwise.

“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.

“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.

“Sites” shall mean any of the sites owned or operated by Pro Markets including Daily Wealth Journal, Daily Wealth Pub, and Capitalist Pub.

Usage Rules

Your use of all the Pro Markets Services is governed by these Terms. Pro Markets may at its absolute discretion refuse you access to its Services and Sites and/or cancel/terminate your registration without prior notice for any reason and you shall not be entitled to any compensation in respect of cancellation/termination of your registration.

You must be 18 years of age or over to use the Sites and/or the Pro Markets Services and to make any purchases.

Use of the Sites or Services requires a connection to the Internet and appropriate telecommunication infrastructure. We are not liable for any costs you may incur from use of such.

The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Pro Markets. Illegal and/or unauthorized use of the Sites or Services is prohibited. Unauthorized commercial advertisements, affiliate links and other forms of solicitation may be removed from without notice and may result in termination of Customer privileges. Appropriate legal action will be taken for any illegal or unauthorized use of Pro Markets Services.

Finimize disclaims any and all responsibility in relation to any offers made available on the Sites and any goods or services supplied in relation to it to the maximum extent permissible by law. Neither Pro Markets nor its officers, employees or Affiliates may be held liable whether in relation to contract, warranty, tort (including negligence), product liability, tax matters or any other form of liability for any claim, damage or loss, arising from or relating to the provision of all or any goods or services sold or agreed to be supplied in connection with the Sites.

Third party merchants (the “Merchants“) may advertise goods and services on the Sites from time to time. It is at the Merchant’s sole discretion to determine whether advertised packages can be used in conjunction with any other promotions, vouchers, third party certificates or coupons.

Licensing Agreements

All right, title, and interest in and to the Sites shall remain the exclusive property of Pro Markets and its licensors. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Pro Markets name or any of the Pro Markets website names, trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, ideas or suggestions you may provide regarding the Sites, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to your acceptance of these Terms, Pro Markets grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Sites for your personal, noncommercial (i.e. you may not use the Sites to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Sites. Pro Markets reserves all rights not expressly granted herein in the Sites and the Pro Markets Content. Pro Markets reserves the right to terminate your license to use the Sites at any time and for any reason or in the future to charge for commercial usage.

Third-Party Links Disclaimer

The Sites may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Pro Markets. Pro Markets does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Sites, you do so at your own risk, and you understand that these Terms and Pro Markets Privacy Policy do not apply to your use of such sites. You expressly release Pro Markets from any and all liability arising from your use of any third-party website, service, or Content. Your dealings with or participation in promotions of advertisers found on the Sites, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Pro Markets shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers or entities.

Copyright Policy

If Pro Markets receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Sites, we reserve the right to immediately remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).

To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by U.S. mail) that sets forth the items specified below.

To enable us to address your concerns, please provide the following information:

For each allegedly infringing image, video, music, or text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.

Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.

For images, provide the following information detailing your claim to ownership of the copyright in the allegedly infringing image, video, music, or piece of text: Proof of copyright in the image, video, music, or piece of text concerned, namely proof of registration; OR, absent such registration, a detailed description and evidence to support your claim that you own the copyright in the image, video, music, or piece of text. We will not comply with requests to remove an image, video, music, or piece of text where the complainant cannot prove that they own the copyright in the Content in question.

Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Sign the document and send it to legal@promarkets.com with subject line: Legal / DMCA Complaints, or send it via mail to Legal Department, Pro Markets Agency, LLC, C/O 105 E Robinson Street STE 303, Orlando, FL. 32801 with subject line: Legal / DMCA Complaints.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Pro Markets site(s).

Termination of Agreement

You may discontinue your use of the Sites at any time without informing us. Pro Markets may, without prior notice, change the Sites, stop providing access to the Sites or features of the Sites to you or to users generally, or create usage limits for the Sites. We may permanently or temporarily terminate or suspend your access to the Sites without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms.

Upon termination of your access to or ability to use the Sites, including but not limited to suspension of your account, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Sites shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Pro Markets or any third party.

Indemnity

You agree to defend, indemnify and hold harmless Pro Markets and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites, including any data or Content viewed or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; or (iv) your violation of any applicable law, rule or regulation.

Warranty, Disclaimer, and Limitations of Liability – YOUR ATTENTION IS DRAWN TO THIS SECTION!!

Your access to and use of the Sites or any Content is at your own risk.

THE SITES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, PRO MARKETS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Pro Markets makes no representations or warranties of any kind with respect to the Sites, including any representation or warranty that the use of the Sites will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Pro Markets also makes no representations or warranties of any kind with respect to Content. No information, whether oral or written, obtained from Pro Markets or through the Sites, will create any warranty not expressly made herein. User acknowledges that Pro Markets is a publisher, and any information presented on its Sites is for general informational purposes only and should not be construed as advice.

Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRO MARKETS, ITS AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SITES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PRO MARKETS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRO MARKETS AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE(S).

Waiver, Severability & Entire Agreement

Waiver: The failure of Pro Markets to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: These Terms and our Privacy Policy are the entire and exclusive agreement between Pro Markets and you regarding use of the Sites (excluding any services for which you have a separate written agreement with Pro Markets that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Pro Markets and you regarding use of the Sites.

Legal Disputes

Applicable Law. You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Pro Markets, except as otherwise stated in these Terms.

Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and Pro Markets must be resolved exclusively by a state court located in Volusia County, Florida, or the Middle District of Florida for federal court. You and Pro Markets agree to submit to the personal jurisdiction of the courts located within Volusia County, Florida for the purpose of litigating all such claims or disputes.

Statute of Limitations. You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, Terms or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Notification of Changes to Terms of Service

Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the Sites, you agree and accept the changes and agree to the Terms.

International Users

The Sites and Services are based in the United States. Pro Markets makes no representations that they are appropriate or available for use in other locations. Those who access or use the Sites and Services from other countries do so at their own volition and are responsible for compliance with local law.

SMS TERMS & CONDITIONS

Pro Markets Agency, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out:

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing of financial education workshops including alerts and reminders, trade alerts, and product purchases.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Versailles County, Kentucky, United States before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Trade Thirsty, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Pro Markets Agency, LLC, C/O 105 E Robinson Street STE 303 Orlando, FL, 32801

Please contact us at legal@Promarkets.com with any questions or concerns regarding these terms or any other material that appears on our platform.