Web Site Terms and Conditions of Use

1. TERMS

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. USE LICENSE

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Random Walk Trading’s web site for personal, non-commercial transitory viewing only This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Random Walk Trading’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Random Walk Trading at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. DISCLAIMERS

Legal Notice #1
The materials on Random Walk Trading’s web site are provided “as is”. Random Walk Trading makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Random Walk Trading does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Legal Notice #2
Random Walk DOES NOT offer auto trade.

Legal Notice #3
Testimonials included on this site represent the outcomes that have been provided to us by individual clients and may not be typical of what every individual will achieve. All testimonials are provided voluntarily, without payment, inducement or other benefit and are from our genuine clients.

Legal Notice #4
Indemnification
You agree to defend and indemnify us and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these terms and conditions or your negligence.

Legal Notice #5
Paper Trades & Trading Examples
Case studies being provided are historical examples illustrating how a particular options strategy could have been applied. Random Walk, LLC. (“Random Walk” or “RandomWalkTrading.com”) is not providing students with real time trading opportunities.
The purpose of paper trades is to illustrate the thinking behind various strategies that Random Walk teaches. Students learn better with practical examples rather than theoretical explanations. Our methodology allows the student to understand how positions move on a daily basis by considering market movement, changes in volatility, and time to expiration.

In some of the products we offer, we use examples of trades through our broker’s website. We ONLY use the “paper trade” portion of this account unless we specify otherwise directly. All of our materials and events are for EDUCATION ONLY. By paper trading, we get as close to reality as possible without risking real money. This avoids the temptation on our students’ part to trade based on examples that may or may not be good trades. We often use negative examples in paper trades as it becomes a more tangible way of learning mistakes. Also, please keep in mind that when utilizing the “paper trading” portion of a broker’s site, you most likely are not being matched against a realistic bid or offer. In other words, a real trade is not on the other side of the execution. This can distort returns achieved in paper trades from what would have been likely achieved had the trade been done with real money. In other words, paper trades are not a perfect representation of what can be achieved (good or bad) in real trading situations.

Legal Notice #6
Despite what you sometimes hear, some Internet sales are subject to sales tax, and even when a site doesn’t collect sales tax, consumers are technically responsible for remitting any unpaid sales tax on online purchases directly to their state. This rule is derived from a 1992 Supreme Court decision which held that mail-order merchants did not need to collect sales taxes for sales into states where they did not have a physical presence.

Legal Notice #7
Tag-Along
Neither Random Walk,LLC, its subsidiaries, officers, employees, representatives nor independent contractors are licensed financial advisors. We strongly recommend that you consult with a licensed financial professional for all your financial advice.

Legal Notice #8
Random Walk, any of its possible affiliates, their respective independent contractors, employees, offices or agents are not acting as licensed financial advisers, registered broker-dealers, investment advisors, tax advisors, etc. (Although some individuals may or may not hold a license.) Furthermore, they do not provide financial or investment advice, make recommendations, or conduct business by transacting trades. Random Walk adamantly states that nothing in this communication constitutes a solicitation, promotion, endorsement, offer or recommendation to buy or sell any investment, mutual fund, debt instrument, commodity, or security as described herein.Random Walk is acting SOLELY as an education firm and any trading done is for the sole and explicit purpose of illustrating the mechanics of a trade as an example. Random Walk places all trades prior to any newsletter alert being disseminated. This is NOT personalized advice timed to any specific market event.

Legal Notice #9
By using this site, you agree that you are in a country where export is allowed or you are a person or entity to which such export is allowed. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Random Walk Website. Random Walk is controlled, operated, and administered by Random Walk from its offices within the United States. Random Walk makes no representation that materials or content available through randomwalktrading.com are appropriate or available for use outside the United States. Access to Random Walk materials from territories where their contents are illegal is prohibited. You may not use randomwalktrading.com or export the content in violation of U.S. export laws and regulations. If you access randomwalktrading.com from a location outside the United States, you are responsible for compliance with all local laws.

4. LIMITATIONS

In no event shall Random Walk Trading or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Random Walk Trading’s Internet site, even if Random Walk Trading or a Random Walk Trading authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. REVISIONS AND ERRATA

The materials appearing on Random Walk Trading’s web site could include technical, typographical, or photographic errors. Random Walk Trading does not warrant that any of the materials on its web site are accurate, complete, or current. Random Walk Trading may make changes to the materials contained on its web site at any time without notice. Random Walk Trading does not, however, make any commitment to update the materials.

6. LINKS

Random Walk Trading has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Random Walk Trading of the site. Use of any such linked web site is at the user’s own risk.

7. SITE TERMS OF USE MODIFICATIONS

Random Walk Trading may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. GOVERNING LAW

Any claim relating to Random Walk Trading’s web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

    • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
    • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
    • We will only retain personal information as long as necessary for the fulfillment of those purposes.
    • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
    • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
    • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
    • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Web Site Affiliate Agreement

This Affiliate Agreement contains the terms and conditions that apply to an individual’s or entity’s participation in the (Random Walk, LLC) referral program (the “Program”). This Agreement covers the establishment of a Random Walk, LLC Internet portal or “link” on the applicant’s site on the World Wide Web (the “Web”). Throughout this Agreement, (Random Walk, LLC) will be referred to as “(Random Walk, LLC)”, “we” or “our”; will be referred to as “the Referral Partner”, “you” or “your”. (Random Walk, LLC)’s site on the World Wide Web is referred to herein as “our web site”; your site on the World Wide Web is referred to herein as “your web site” or “Referral Partner Web Site”.

1. COMMENCEMENT

To participate in Random Walk, LLC’s Program you must complete the online application found here and agree to all the terms of this operating agreement. Random Walk, LLC may reject any application for any reason. Random Walk, LLC will reject any application to place its link on a web site that contains, in Random Walk, LLC’s sole opinion, any objectionable content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. Random Walk, LLC will also reject applications to place its link on a web site that contains links to and advertisements for web sites with objectionable content, gambling sites and casinos.

2. DISPLAY OF RANDOM WALK, LLC.’S LINKS

We will provide to you the technical specifications and other information and logos necessary to establish Random Walk, LLC’s banner, link or Uniform Resource Locator (URL) on your web site. These link materials are available in your affiliate log-in panel in the “Marketing Materials” section. You agree to display prominently Random Walk, LLC’s graphical image file as provided by Random Walk, LLC on one or more pages on your web site. You expressly agree that Random Walk, LLC’s name, trademark, logo or any other identifying material will appear on your web page (or on any other web page under your control) only in the form supplied by Random Walk, LLC. Random Walk, LLC’s graphical image file will provide a link only to a URL to which Random Walk, LLC has agreed. You will not alter the look or feel of any of these materials provided by Random Walk, LLC in any way. Random Walk, LLC may cancel this Agreement at any time if your display of Random Walk, LLC’s logo, trademark or other identifying material does not meet with Random Walk, LLC’s approval. Upon notice from Random Walk, LLC you must immediately remove all references to Random Walk, LLC, including its name, logo, trademark, service mark or any other identifying material from your web site immediately.

3. REFERRAL COMMISSIONS

For each customer who visits Random Walk, LLC’s web site through the link at your web site, or is referred to Random Walk, LLC in writing or by email, and who purchases Random Walk, LLC products (Products) from Random Walk, LLC as a result of such link or referral, Random Walk, LLC will pay to you a one time referral commission of 10% of GROSS sales per customer account that is billed and collected by Random Walk, LLC. (Example: a customer who purchases a $3,000 seminar will require Random Walk to pay the affiliate $300 – 10% of $3,000). In order to be eligible for a referral commission, the customer must purchase Products through the link at your site or through written contracts or referral and the Products must be billed and collected by Random Walk, LLC. Referral commissions will be paid to Referral Partner 45 days from the last day of the month in which customers are billed and collected by Random Walk, LLC. Accounts not meeting these criteria will not be eligible for a referral commission. Random Walk, LLC, at Random Walk, LLC’s sole discretion, may refuse any customer. All qualifying referral commissions will be credited to an account set up by you.

4. PAYMENT OF REFERRAL COMMISSIONS

You will receive payment of your first referral commission when your account balance exceeds $100 and you will receive this first payment within approximately 20 days following the end of the month that your account balance exceeds $100. Thereafter, you will receive commission payments within 20 days following the end of the month that your account balance exceeds $100. If for any reason this Agreement is terminated prior to your first referral commission being due and the account balance does not exceed $100, then no referral commission will be due, but may be paid out to the affiliate by Random Walk as a gesture of “good will”. If this Agreement is terminated after the first referral commission is due and payable or has been paid, then any referral commission balances in your account will be paid to you within approximately 45 days from the end of the month in which this Agreement was terminated.

5. CUSTOMER APPLICATIONS

Each customer who visits the Random Walk, LLC web site through the link at your web site, or is referred to Random Walk, LLC in writing, must fill out a customer information sheet and be approved by Random Walk, LLC or its carrier for service. All customer information is the sole and exclusive property of Random Walk, LLC and the customer applicant. You do not have any right to either (I) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy specifically prohibits, without limitation, you from receiving customer information directly from customers and subsequently forwarding the customer information to Random Walk, LLC. Of course you may request personal information from customers directly related to your own activities, registrations, promotions or the like, but v will never reveal any personally identifying information about customers or a customer applicant to you. (See Section 15).

6. POLICIES

Once a customer provides Random Walk, LLC with customer information, that customer will be deemed to be a customer of Random Walk, LLC for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. Random Walk, LLC may change any of its policies or procedures at any time, in accordance with applicable law.

7. CUSTOMER PRIVACY

Random Walk, LLC may be subject to rules and regulations; including without limitation, the Privacy Statement on Random Walk, LLC’s web site, which specifies how Random Walk, LLC may or may not treat a customer’s personal information. You understand that Random Walk, LLC ‘s web site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold harmless Random Walk, LLC (in accordance with Section 11) from any of your violations of a customer’s privacy rights.

8. SALES REPORTS

We will provide to you, via email, or extranet login and password, a monthly report that summarizes the sales activity from your web site. In no event will Random Walk, LLC reveal the names or other identifying information about its customers.

9. LICENSE AGREEMENT

Upon our acceptance of your application we will grant to you a limited, revocable, nonexclusive, non-transferable, non-assignable right to use Random Walk, LLC ‘s icon, logo and other images and materials relating to Random Walk, LLC (the “License”), which Random Walk, LLC provides to you for the limited purpose of fulfilling this agreement. You may not modify any of Random Walk, LLC’s images, including, but not limited to its icon or logo. This License is subject to the terms and conditions of this Agreement and is limited to the sole purpose of participating in the Program, promoting Random Walk, LLC’s products and services on your web site, and for no other purpose. Random Walk, LLC expressly reserves all of its rights in and to its trademarks, trade names, icon, copyrights, logos and other intellectual property. Random Walk, LLC may revoke this license at any time by giving you written notice.

10. SITE MAINTENANCE

You are solely responsible for maintaining your web site. Random Walk, LLC has no responsibility for the development, operation or maintenance of your web site. You are responsible for all technical operations of your web site, including, without limitation, ensuring that your web site does not contain libelous or objectionable material, and ensuring that all material on your web site is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. Random Walk, LLC is not responsible for any of these duties and you agree to defend, indemnify, and hold harmless Random Walk, LLC, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney’s fees) relating to the development, operation, content and maintenance of your web site, including, without limitation, any breach of a customer’s privacy rights or any unauthorized use by you of Random Walk, LLC ‘s icon, logo and other images and materials relating to Random Walk, LLC.

11. TERM

This agreement is effective at the time your application is, at the sole discretion of Random Walk, LLC, accepted by Random Walk, LLC and you are notified of such acceptance either in writing or electronically. Either party, with or without cause, may terminate this Agreement by giving the other party 30 days written notice of the termination. Referral commissions will be paid only on accounts, which are eligible under this Agreement, pursuant to Section 4, at or prior to the time of termination. Upon termination of this Agreement, your License will expire immediately.

12. MODIFICATION OF AGREEMENT

Random Walk, LLC may modify this agreement at any time by posting a change on our web site or notifying you by email. Random Walk, LLC may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures, and Random Walk, LLC Referral Partner Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Random Walk, LLC Referral Partner Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

13. MODIFICATION OF BANNER

Random Walk, LLC, at its sole discretion, may change the “look and feel” of the banner or link that you have placed on your web site. If you object to the new “look and feel” of the banner that is on your site, Random Walk, LLC will direct you to an area on its web site where other banners will be available for downloading.

14. RELATIONSHIP OF PARTIES

You and Random Walk, LLC are independent contractors for all purposes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on Random Walk, LLC’s behalf. Your display of Random Walk, LLC’s logo and/or trademark as well as all other content on your web site, or any direct contact you have with any customer or customer account applicant must not contradict this fact.

15. PUBLICITY

You shall not create, publish, distribute, or permit any written or electronic material that makes reference to Random Walk, LLC without first submitting such material to us and receiving our written consent.

16. TRACKING

Random Walk, LLC will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Random Walk, LLC will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Random Walk, LLC to track sales, Affiliates hereby acknowledge and accept that the tracking system employed by Random Walk, though deemed HIGHLY reliable, may not be 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons: * Failure by the affiliate to use the proper format of the specially assigned URL in promotions, Web page links, banner ads, and so on; deliberate or accidental actions by customers to circumvent an affiliate’s special URL so that our software is unable to accurately track that sale. * Bugs, glitches, or crashes of the tracking software that render it unable to accurately track sales for a period of time; acts of nature that cause irretrievable data loss on the computers and back-up disk media.

17. LIMITATION OF LIABILITY

We will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to you under this Agreement. You agree to hold harmless Random Walk, its owners, directors, employees and contractors from any liability including attorney fees relating to your business operations, business risks, and lawsuits arising from your normal course of business, or the affiliate program in its entirety. Random Walk and our Affiliates are not business partners by any definition of the law. In addition, if any portion of this contract is unlawful in the state where the agreement is active, the remaining portions of this agreement hold enforceable.

18. INDEPENDENT INVESTIGATION

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

19. DISCLAIMERS

We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by Random Walk, LLC. In addition, we make no representation that the operation of our web site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

20. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. New Castle County, Delaware shall be the proper place of venue for all suits to enforce this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought EXCLUSIVELY in the District Courts of New Castle County, Delaware.