Terms of Use


PLEASE READ THIS DOCUMENT CAREFULLY.

These Terms of Use apply to Simply Put, LLC, http://telaholcomb.com, and https://tradeyour9to5.com and governs data collection and usage. For the purposes of these Terms of Use, unless otherwise noted, all references to Simply Put, LLC include http://telaholcomb.com, and https://tradeyour9to5.com and all other subsidiary companies. The Simply Put, LLC websites are informational sites. These Terms of Use are entered into by and between you and Simply Put, LLC, and together with the Privacy Policy and any other documents they expressly incorporate by reference, govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user.

Scope of Terms

Simply Put, LLCs services and products offered may include, but are not limited to, articles, reference and communication tools, message boards, books, courses and information products (the "Service"). The Service is owned and operated by Simply Put, LLC (“Company”, "us," "our," and "we").

Access to all areas of the Website is provided in accordance with the following terms ("Terms"). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Website. Your failure to follow the Terms may result in suspension or termination of your access to the Website.

By purchasing any products, you agree to only use the information or product for the purpose of trading and/or investing in the stock market for yourself, and not teaching others how to trade and/or invest.


Changes in Terms of Use

It is our sole discretion to revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Websites thereafter. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

General Usage Rules

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to disrupt, modify or interfere with the Website, or its associated software, hardware, and/or servers in any way, and you agree not to impede or interfere with others' use of the Website. You further agree not to alter or tamper with any information or materials on or associated with the Website.


Account Login Information

Our system does not store your master password on our servers so your passwords cannot be retrieved by anyone but you. If you forget your master password you will have to reset your account and setup a new one.

The following rules govern the security of your Account and Login Information:

  1. You shall not share your Account and Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. Sharing your Account and Login Information with anyone else will result in immediate removal from the program, service, and/or application without notice and without refund;

  2. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify us at [email protected] and modify your Login Information;

  3. You are solely responsible for maintaining the confidentiality of your Login Information (including your password), and for restricting access to your hardware device while logged into our site;

  4. You will be responsible for all activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you.

    We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason including if, in our opinion, you have violated any provision of these Terms of Use and shall have no liability to you for any loss or damage caused by such action.


Intellectual Property

You acknowledge and agree that the Website and the information, content and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent any part of the Website or any information presented to you through the Website, in whole or in part.

You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.


Fees and payments

As consideration for any purchase you make on the Websites, you shall pay Simply Put LLC all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Simply Put LLC to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

License

We grant you a personal, non-exclusive, non-transferable, limited and revocable license to use the Website and the Service subject to these Terms. You may not use the Website in a manner that exceeds the rights granted for your use of the Website, which includes unauthorized copying or distribution of any of the content displayed or used in the Website or creating an unauthorized derivative work.


Information Provided by You

If you upload materials, content or information (collectively, "Information") to areas of the Website that are available to other users, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it.


Restrictions Applicable to Use

In connection with your use of the Website, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to: (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.


Use of Templates and Forms

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

Disclaimers of Warranties.

WE PROVIDE THE WEBSITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.

WE DO NOT GUARANTEE ANY PARTICULAR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnity

You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms.


Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at [email protected]


Termination and Modification

You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or or any other policy of Simply Put, LLC, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.


Entire Agreement

These Terms and the policies, rules and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.


Compliance with Applicable Laws

The Websites are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.


Choice of Law and Place for Resolving Disputes

The laws of the State of Nevada govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Nevada. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS


Assignments

We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.


Non-disparagement

By purchasing our products, you (“Client”) agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.


Execution of Agreement

Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

 
All product and company names are trademarks™ or registered ® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. 

Trade Your 9 to 5 ® is a registered trademark of Simply Put, LLC.

Updated: July 2016