JS PLAYBOOK (JSSERVICES.IO) TERMS OF USE
JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL
TRADING VIA JS PLAYBOOK TERMS AND CONDITIONS OF USE & PURCHASE
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND
CONDITIONS OF USE & SALE BEFORE ACCESSING, USING, SUBSCRIBING OR PLACING AN
ORDER OVER DARMACAPITAL.TRADE. THESE TERMS CONTAIN IMPORTANT DISCLAIMERS ABOUT
FINANCIAL RISK, DISCLAIMERS OF WARRANTIES, AND LIMITATIONS OF LIABILITIES (see
Sections 2, 16 and 17 below). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR
AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
UNLESS YOU, THE USER, HAVE ANOTHER VALID WRITTEN AGREEMENT WITH JS
SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA
JS PLAYBOOKOR ITS SUPPLIERS, WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR
PRODUCTS PURCHASED FROM DARMA CAPITAL TRADING, OR UNLESS OTHER, OR ADDITIONAL,
DARMA CAPITAL TRADING TERMS ARE SPECIFIED IN WRITING FOR A SPECIFIC PRODUCT OR
SUPPORT, THE FOLLOWING DARMA CAPITAL TRADING TERMS (“TERMS”) (TOGETHER WITH ANY
ADDITIONAL JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA
CAPITAL TRADING VIA JS PLAYBOOK TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN
YOUR USE OF JS PLAYBOOK VIA JSSERVICES.IO WEBSITEAND ALL PURCHASES,
SUBSCRIPTIONS, LICENSES AND SUPPORT.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY
BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND JS SERVICES RESEARCH AND
TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK. THIS
AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE, ANY ORDER YOU PLACE
THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS
APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE SERVICES OR PRODUCTS OFFERED ON OR
AVAILABLE THROUGH THE WEBSITE.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS
THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO
PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE
REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 18.
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK reserves the right to update and change, from time to
time, these Terms and all documents incorporated by reference by posting
updates and/or changes to our Website. It is your responsibility to check this
page periodically for changes. You can find the most recent version of these
Terms at https://www.darmacapital.trade/terms-of-use. Use of the Website after
such changes constitutes acceptance of such changes. Any new features or
services which are added to the current Website shall also be subject to the Terms.
Table of Contents
- General
Services
- IMPORTANT
DISCLAIMER ABOUT JS SERVICES RESEARCH AND TRADING,
LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK AND ITS
SERVICES – YOUR RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL
RISKS
- Website Use
- Website User
Conduct and Restrictions
- Privacy Policy
- Information You
Provide, Registration and Passwords
- VIRTUAL TRADING
FLOORS® RULES AND DISCLAIMERS
- Order and
Payment
- SUBSCRIPTION
PAYMENTS AND AUTOMATIC CHARGES
- SUBSCRIPTIONS
CANCELLATION POLICY
- Shipping and
Delivery
- REFUND POLICY
- Services and
Products Available on the Website
- Interactive
Features and Rules
- Testimonials
and Reviews
- DISCLAIMERS OF
OTHER WARRANTIES
- LIMITATIONS OF
LIABILITIES
- DISPUTE
RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
- JS SERVICES
RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS
PLAYBOOK Additional Remedies
- Indemnification
- Notice and
Takedown Procedures; Copyright Act
- Third-Party
Links
- Termination
- No Waiver
- Governing Law
and Venue
- Force Majeure
- Assignment
- Electronic
Signature
- Changes to the
Agreement
- Your Additional
Representations and Warranties
- Severability
- Entire
Agreement
- Contacting Us
1. GENERAL SERVICES
By accessing the Website or using any of JS SERVICES RESEARCH AND
TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK’s
services, both free and paid (the “Premium Services”), you agree to comply with
these Terms. If you do not agree to the Terms contained herein, you are not permitted
to use the Website or the services, and we do not consent to provide you with
access to the Website or the services. Subject to your full compliance with
these Terms, JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK may provide its users with access to:
Free content including, but not limited to, blogs and content written by JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK commentators, videos, emails, podcasts, webinars, conference calls,
user-generated content, free trials, and free content written or provided by
third parties which may include, without limitation, text, data, graphics,
photographs, videos, or downloadable code or programs.
The Premium Services and the free services are collectively referred to
in these Terms as the “Services”. You also understand and agree that the
Services may include certain communications from JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK and
others with whom we work, such as service announcements, promotional marketing,
contests, giveaways, and administrative messages. In the event you would like
to opt-out of these communications you may do so at any time but understand
that by doing so JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK will not continue to provide any of the
aforementioned free services.
2. IMPORTANT DISCLAIMER ABOUT JS SERVICES RESEARCH AND TRADING, LLC (JS
ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOKAND ITS SERVICES – YOUR
RESULTS WILL VARY AND THERE ARE SIGNIFICANT FINANCIAL RISKS
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK is a financial publisher that disseminates information
about economic, business, and capital markets issues through various media. JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK is not an investment advisory service, a registered investment
advisor, broker-dealer, or any other type of business subject to regulation by
the Securities and Exchange Commission, the Commodities Futures Trading
Commission, or state securities regulators, or any “self-regulatory organization”
(such as FINRA). WE DO NOT PURPORT TO TELL OR SUGGEST WHICH
SECURITIES OR CURRENCIES CUSTOMERS SHOULD BUY OR SELL THEMSELVES, WE DO NOT
MAKE TRADES FOR YOU AND ARE NOT A TRADING PLATFORM. Please do not
sign up for or purchase our Services if this is what you are seeking.
Although JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK strives to provide accurate and reliable
information from sources that it believes to be reliable, JS Services Research
and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK makes
no guarantees as to the accuracy, completeness, timeliness, or correctness of
any such information. JS Services Research and Trading, LLC (JS Analytics) and
DARMA Capital Trading VIA JS PLAYBOOK makes no guarantee or promise of any
kind, express or implied, that anyone will profit from or avoid losses from
using information disseminated through JS SERVICES RESEARCH AND TRADING, LLC
(JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK. Nor is there any
guarantee that you will earn back all, or even a portion, of what you pay to
purchase any of our Premium Services.
All investments are subject to risk of loss, which you should consider in
making any investment decisions. By agreeing to these Terms, you are agreeing
to the risks involved in trading stock, options, and future markets and are
also acknowledging that you, and not JS SERVICES RESEARCH AND TRADING, LLC (JS
ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK, are solely responsible
for any losses, financial or otherwise, as a result of using the Services. JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK shall, under no circumstances, be liable for any lost investment of
money, lost profits, or lost opportunities. You should consult with a financial
advisor, attorney, accountant or other qualified professional prior to making
any investment decision. Before placing any trade, you should consult with a licensed
broker or registered investment advisor as well as read The Characteristics and
Risks of Standardized Options, which is available here: https://www.theocc.com/Company-Information/Documents-and-Archives/Options-Disclosure-Document
The risk of loss in trading options, crypto currencies, futures, and all
financial and non-financial assets can be substantial. You should therefore
carefully consider whether such trading is suitable for you in light of your
financial condition. The high degree of leverage that is often obtainable in
options trading may benefit you as well as conversely lead to large losses
beyond your initial investment. Past results are not indicative of future
results. Specifically, past results of any individual trader or trading system
published by JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK are not indicative of future returns by that
trader or system and are not indicative of future returns which may be realized
by you. No representation is being made that you will or likely are to achieve
profits similar to those shown.
The content and programs that JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK distributes and provides,
both free and paid, are for informational and educational purposes. No one
should consider the information disseminated by JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK to be
personalized investment advice, a recommendation to buy, sell or hold any
investment, an offer (or a solicitation of an offer) to buy or sell any
investment, or the provision of any other kind of advice that would require JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK to register as a broker-dealer, investment adviser or similar
entity. No one associated with JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK is authorized to make any
representation to the contrary.
It should not be assumed that the methods, techniques, or indicators
presented in the Services or the Website will be profitable or that they will
not result in losses. In addition, the indicators, strategies, columns,
articles and all other features of JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK are provided for informational
and educational purposes only and should not be construed as investment advice.
Examples presented on JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND
DARMA CAPITAL TRADING VIA JS PLAYBOOK’s Website are for educational purposes
only. Such set-ups are not solicitations of any order to buy or sell.
Accordingly, you should not rely solely on the information provided through the
Services in making any investment. Rather, you should use such information only
as a starting point for doing additional independent research to allow you to
form your own opinion regarding investments. You should always check with your
licensed financial advisor and tax advisor to determine the suitability of any
investment.
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK provides information that viewers of its programs may
consider in making their own investment decisions. However, you will be
responsible for considering such information carefully and evaluating how it
might relate to your own decision to buy, sell or hold any investment. Such
decisions must be based on your individual and independent evaluation of your
financial circumstances, investment objectives, risk tolerance, liquidity
needs, family commitments and other factors, not in reliance on any information
obtained from JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA
CAPITAL TRADING VIA JS PLAYBOOK.
Statements by any person represent the opinions of that person only and
do not necessarily reflect the opinions of JS Services Research and Trading,
LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK or any other
person associated JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND
DARMA CAPITAL TRADING VIA JS PLAYBOOK.
It is possible that any individual providing information or expressing an
opinion on any JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK program may hold an investment position (or may
be contemplating holding an investment position) that is inconsistent with the
information provided or the opinion being expressed. This may reflect the
financial or other circumstances of the individual or it may reflect some other
consideration. Additionally, the independent contractors and employees or
affiliates of JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK may hold positions in the stocks, currencies or
industries discussed on the Website or in the Services. You should take this
into account when evaluating the information provided or the opinion being
expressed.
In addition, hypothetical performance results have many inherent
limitations, some of which are described here. 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 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, including the ability to withstand losses. Finally,
past performance is in no way indicative of future results.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS (ALSO KNOWN AS “PAPER OR
VIRTUAL TRADING”) IN THE MODEL PORTFOLIOS HAVE CERTAIN INHERENT LIMITATIONS.
UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL
TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO,
SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED WITH CAPITAL, THE RESULTS MAY
HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET
FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE
ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT.
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE
PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
3. WEBSITE USE
The Website is intended for use by adults. If you use the Website, you
are affirming that you are at least 18 years old or the legal age of majority
in your state or province of residence (whichever is greater), have the legal
capacity to enter into a binding contract with us, and have read this Agreement
and understand and agree to its terms.
4. WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website and Services are protected by U.S. and
international copyright, trademark, and other intellectual property laws,
including all content, information, design elements, text material, logos,
taglines, metatags, hashtags, photographic images, testimonials, personal
stories, icons, video and audio clips, and downloads. No material on the
Website may be copied, reproduced, distributed, republished, uploaded,
displayed, posted, or transmitted in any way whatsoever. The JS Services
Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS
PLAYBOOK trademark and logo are proprietary marks of JS SERVICES RESEARCH AND
TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK, and the
use of those marks is strictly prohibited. Nothing herein gives you the right
to use, copy, register as a domain name, reproduce, or otherwise display any
logo, tagline, copyrighted material, trademark, trade name, patent, trade
dress, trade secret, or confidential information owned by JS SERVICES RESEARCH
AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK.
Subject to your continued strict compliance with all Terms, JS Services
Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS
PLAYBOOK provides to you a revocable, limited, non-exclusive, royalty-free,
non-sublicense able, non-transferrable license to use the Website. You
acknowledge and agree that you do not acquire any ownership rights in any
material protected by intellectual property laws.
You agree not to use or attempt to use the Website or Services in any
unlawful manner or a manner harmful to JS SERVICES RESEARCH AND TRADING, LLC
(JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK. You further agree not
to commit any harmful or unlawful act or attempt to commit any harmful or
unlawful act on or through the Website or the Services.
5. PRIVACY POLICY
We respect your privacy and the use and protection of your non-public,
personal information. Your submission of personal information through the
Website is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://www.darmacapital.trade/privacy-policy/. JS Services
Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS
PLAYBOOK reserves the right to modify its Privacy Policy in its reasonable
discretion from time-to-time. Our Privacy Policy is incorporated into this
Agreement by reference.
6. INFORMATION YOU PROVIDE, REGISTRATION AND PASSWORDS
In order to gain access to portions of the Services, you must become a
member by choosing a unique user name and supplying us with true, accurate,
current and complete information about yourself, as required on the
registration page. You warrant that the information you provide us is truthful
and accurate, and that you are not impersonating another person. You also agree
to: (a) provide true, accurate, current and complete information about yourself
as prompted by the Services’ registration form and (b) maintain and promptly
update your registration data to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of any password you may
use to access your JS Services Research and Trading, LLC (JS Analytics) and
DARMA Capital Trading VIA JS PLAYBOOK user account, and you agree not to
transfer your password or username, or lend or otherwise transfer your use of
or access to your user account, to any third party.
We may refuse to grant you a username and member name that is
threatening, abusive, offensive, harassing, derisive, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, impersonates someone else, is
or may be protected by trademark or proprietary rights law, or is hatefully,
racially, ethnically or otherwise objectionable, or inappropriate, as
determined by JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK in its sole discretion.
You are fully responsible for all transactions with, and information
conveyed to, JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK under your user account. You agree to
immediately notify JS Services Research and Trading, LLC (JS Analytics) and
DARMA Capital Trading VIA JS PLAYBOOK of any unauthorized use of your password
or username or any other breach of security related to your user account by
e-mailing us at info@jsservices.com. You agree that JS Services Research
and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOKis not liable, and you will hold JS Services
Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS
PLAYBOOK harmless, for any loss or damage arising from your failure to comply
with any of the foregoing obligations. Please see Section 20 below for
additional information.
7. VIRTUAL TRADING FLOOR® RULES AND DISCLAIMERS
In order to participate in the JS PLAYBOOK web service), you agree to:
(1) create only one (1) account, which you may not share with anyone else; (2)
provide accurate, truthful, current and complete information when creating your
account; (3) maintain and promptly update your account information; (4)
maintain the security of your account by not sharing your password with others
and restricting access to your account and your computer; (5) promptly notify JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK if you discover or otherwise suspect any security breaches relating
to the VTF or JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK Website; and (6) take responsibility for all activities
that occur under your account and accept all risks of unauthorized access.
If JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK suspects that your registration information is not
complete, current, or accurate, or that you have otherwise violated these
Terms, your account may be subject to suspension or termination, and you may be
barred from using the JS Services Research and Trading, LLC (JS Analytics) and
DARMA Capital Trading VIA JS PLAYBOOK Website or integration products.
Your invitation to participate in the JS PLAYBOOK is personal and
non-transferable. If you register with us, you agree to be responsible for any
activities that occur under your account or password, and you agree you will not
sell or otherwise transfer your membership or any membership rights, and you
hereby release JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK from any and all liability that may arise in
connection with your participation in the JS PLAYBOOK.
CONTENT IS FOR INFORMATIONAL PURPOSES; NOT INVESTMENT ADVICE
The information shared by JS PLAYBOOK is for informational purposes ONLY.
Such information is not meant to be financial or investment advice of any kind.
The results described in JS PLAYBOOK member testimonials are not indicative of
the results individual investors may generally expect to achieve. Users should
not expect to experience similar results. Please review Section 2 above again
for more information about the significant financial risks involved in
investing.
8. ORDER AND PAYMENT
If you order a Service or product, payment must be received by us before
your order is accepted, unless a multi-payment plan has been selected. If a
multi-payment plan is selected, future payments must be made at the agreed
intervals.
We may require additional information regarding your order if any
required information was missing or inaccurate and may cancel or limit an order
any time after it has been placed. Your electronic order confirmation, or any
form of confirmation, does not signify our acceptance of your order. You must
contact us immediately to modify or cancel your pending order. We cannot
guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is
not available, the expected availability date, and may offer you an alternative
product or service. If the availability of any product or service is delayed
and you do not wish to substitute the product or service, upon your request, we
will cancel your order and if previously charged, your payment card will be
fully refunded for that specific order. We reserve the right to limit the sales
of our products and services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis at our sole and exclusive
discretion.
Your purchase order of products and other services is conditioned on you
re-affirming your acceptance of this Agreement.
Potential users can pay by credit card or other methods listed as
acceptable methods of payment at checkout. Payment details shall be collected
by us through a secure financial data collection mechanism. You acknowledge and
agree that, with respect to payments made by credit card, the service providers
used by JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK to process your payment(s) hold data relating to the
transaction, which may include the last four digits and the expiration date of
the card used to purchase the Services or products together with details on
when payment is due. The user further acknowledges and agrees that payments are
due on a recurring basis in accordance with the payment terms for the specific
Service purchased (unless the subscription is cancelled or terminated in
accordance with these Terms) and therefore authorizes the automatic payment
collection terms applicable to that specific Service (e.g., on a monthly or
quarterly basis and for a specific amount). Please see Section 9 below for more
information on subscription payments and automatic charges.
All advertised prices are in, and all payments shall be in, U.S. Dollars.
9. SUBSCRIPTION PAYMENTS AND AUTOMATIC CHARGES
Your subscription will continue for the period referenced during
registration (the “Subscription Period”) and renew automatically at the
end of the Subscription Period unless you cancel as provided in Section 10
below. A JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK user is responsible for paying all sums due to JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK in connection with their monthly, quarterly, or yearly
subscriptions in accordance with these Terms. The first fee payable in
accordance with these Terms is due when the user account is set up and payment
of the monthly, quarterly, or yearly fee is a condition of access. IF YOU HAVE
PURCHASED A MONTHLY SUBSCRIPTION, EVERY CALENDAR MONTH, YOUR ACCOUNT WILL BE
CHARGED THE SUBSCRIPTION FEE PLUS APPLICABLE TAX FOR THE FOLLOWING MONTH’S
SUBSCRIPTION, TOGETHER WITH ANY OTHER FEES FOR THE FOLLOWING MONTH’S
SUBSCRIPTION (COLLECTIVELY, “FEES”). IF YOU HAVE PURCHASED A QUARTERLY SUBSCRIPTION,
EVERY QUARTER, YOUR ACCOUNT WILL BE CHARGED THE QUARTERLY FEE PLUS APPLICABLE
TAX FOR THE FOLLOWING QUARTER’S SUBSCRIPTION, TOGETHER WITH ANY OTHER FEES FOR
THE FOLLOWING QUARTERLY’S SUBSCRIPTION. IF YOU HAVE PURCHASED AN ANNUAL
SUBSCRIPTION, YOU WILL NOT BE CHARGED FOR THE NEXT YEAR’S SUBSCRIPTION UNLESS
YOU AFFIRMATIVELY CHOOSE TO DO SO. Failure by you to use any of the Services
purchased does not relieve you of your payment obligations under these Terms.
10. SUBSCRIPTION CANCELLATION POLICY
Except for annual subscriptions, your subscription will renew
automatically at the end of the Subscription Period unless you notify our
Customer Service Team by email at info@jsservices.com before your Subscription Period ends.
If you do not notify us as described above, your subscription will be renewed
on the payment card or method you supplied during the registration process for
the same Subscription Period and price as your original purchase unless you
have agreed to any increase in price. In connection with recurring billing for
automatic subscription renewals, you authorize JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK to bill
your payment card account number or other method of payment, regardless of
whether the other information associated with your subscription has changed. If
your payment card or payment method information changes, it is your
responsibility to notify us of those changes in order for your subscription to
continue. You agree to pay all fees and charges incurred in connection with
your username, member name and password (including any applicable taxes) at the
rates in effect when the charges were incurred. You agree to pay all amounts
due for the Services or products purchased. In the event we have to collect
unpaid amounts that you may owe JS SERVICES RESEARCH AND TRADING, LLC (JS
ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK, you will be liable for
all of our attorney and collection agency fees. Please see Section 20 below for
more information.
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK may discontinue your Services if you fail to pay any
sum due, or if after ten (10) days written notice you have not cured any other
failure to perform under these Terms.
11. SHIPPING AND DELIVERY
Unless otherwise stated on the Website at the time of purchase, if we
ship you a physical product, we reserve the right to add applicable shipping
and handling fees to your order. Unless otherwise stated, we will use
commercially reasonable efforts to fulfill your order within a reasonable time
after receipt of your properly completed and verified order. Accurate shipping
address and phone number information is required. Although we may provide
delivery or shipment timeframes or dates, such dates are good-faith estimates
and are subject to change. If your order will be delayed, we will contact you
at the e-mail address you provided when placing your order. If we are unable to
contact you or you would like to cancel your order, we will cancel the order
and refund the full amount charged. We shall not be liable for any loss,
damage, cost, or expense related to any delay in shipment or delivery caused by
any third-party carrier or other delivery service not owned or controlled by
us. The risk of loss and title for such items pass to you upon our delivery to
any third-party carrier.
12. REFUND POLICY
The refund policy for all JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK services is controlled by
this “Refund Policy.” In instances where refund terms differ for a particular
service from this Refund Policy, the refund terms will be located on the particular
service’s checkout page and shall supersede this Refund Policy. Refunds are
determined according to the refund policy in place at the time of purchase.
Monthly subscriptions are non refundable. Any
promotional first month price entitles you to 30 days of service. Your service
will AUTOMATICALLY rebill at the current retail price after your initial
promotional month. You must cancel prior to your billing date in order to stop
further rebilling.
Quarterly subscriptions are non refundable.
Your service will AUTOMATICALLY rebill at the current retail price once per
quarter. You must cancel prior to your billing date in order to stop further
rebilling.
Requests for cancellation of monthly subscriptions received more than 24
hours after the subscription billing date will go into effect for the following
month.
*Please note, Cancellations take place during business hours of 9-5
Mon-Fri CST
Annual subscriptions are eligible for a refund of the purchase price less
the retail price of one month of service for the same subscription. Refund
requests must be received within 30 days of purchase by email to info@jsservices.com.
Promotions, discounted pricing for annual subscriptions, bundles and
packages are nonrefundable.
Live and recorded education programs are nonrefundable.
In the event that the service purchased is no longer available for any
reason, including, but not limited to the service provider’s relationship with JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOKterminating, including due to death or
disability, JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK will provide you with similar services of equal
or greater value for the remainder of your existing subscription.
If you have taken advantage of a first-month discounted trial for a
particular service within the past 12 months, you are not entitled to another
first-month discounted trial for that same service. Any attempt to take
advantage of the same promotion or discount will result in an automatic upgrade
to a monthly subscription at the current retail price.
13. SERVICES AND PRODUCTS AVAILABLE ON THE WEBSITE
Services, products and prices are generally posted on the Website, but
are subject to change for future purchases. JS Services Research and Trading,
LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK reserves the
right, without notice, to discontinue Services or products or modify
specifications and prices on products and services for future purchases without
incurring any obligation to you.
If you request a downgrade or other change in Services and it is approved
by us, the downgrade, change (and corresponding price change) will become
effective on the first day of the month following your requested downgrade.
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK takes reasonable steps to ensure that the prices set
forth on the Website are correct, and to accurately describe and display the
items available on the Website. If the correct price of our Service or product
is higher than its stated price, we will, at our discretion, either contact you
for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that JS Services Research
and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK does
not warrant that Service or product descriptions are accurate, complete,
current, or error-free, or that packaging will match the actual physical
product that you receive. All sales are deemed final except as provided in
Section 12 of these Terms. JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS)
AND DARMA CAPITAL TRADING VIA JS PLAYBOOK’s descriptions of, or references to,
services or products not owned by JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK are not intended to imply
endorsement of that product or service or constitute a warranty by JS SERVICES
RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS
PLAYBOOK.
15. TESTIMONIALS AND REVIEWS
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK is pleased to hear from users and customers and
welcomes your comments regarding our Services and products. JS Services
Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS
PLAYBOOK may use testimonials and/or product reviews in whole or in part
together with the name, city, and state and, as may be applicable, country, of
the person submitting it. Testimonials may be used for any form of activity
relating to JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA
CAPITAL TRADING VIA JS PLAYBOOK’s services or products, in printed and online
media, as JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK determines in its sole and exclusive
discretion. Testimonials represent the unique experience of the participants
and customers submitting the testimonial, and do not necessarily reflect the
experience that you may have using our services or products. As set forth above
in Section 2, your results will vary depending upon a variety of factors unique
to you and market forces beyond JS SERVICES RESEARCH AND TRADING, LLC (JS
ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK’s control.
NEITHER JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR
ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN TESTIMONIALS ON THE
WEBSITE.
Anything that you submit or post to the Website, provide us, and/or post
in any social media, including without limitation, photographs, testimonials,
ideas, know-how, techniques, questions, reviews, comments, and suggestions is
and will be treated as non-confidential and nonproprietary, and we shall have
the royalty-free, worldwide, perpetual, irrevocable, and transferable right to
use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt,
and create derivative works from such submissions by any means and in any form,
and to translate, modify, reverse-engineer, disassemble, or decompile such
submissions.
Additionally, JS Services Research and Trading, LLC (JS Analytics) and
DARMA Capital Trading VIA JS PLAYBOOK reserves the right to correct grammatical
and typing errors, to shorten testimonials prior to publication or use, and to
review all testimonials prior to publication or use. JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK shall be
under no obligation to use any, or any part of, any testimonial or product
review submitted.
16. DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND
ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)
THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED OR
ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM
OR DATA, (B) THE WEBSITE , SOFTWARE, OR SERVICES WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY
OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (F)
THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
17. LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT
SHALL JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR
ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, AND/OR YOUR OR A THIRD
PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR
PRODUCT, REGARDLESS OF WHETHER JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK HAS HAD NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT
LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL,
COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE
AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND
DARMA CAPITAL TRADING VIA JS PLAYBOOK’S LIABILITY TO YOU EXCEED THE AMOUNT OF
THREE (3) TIMES THE PAYMENTS PAID BY YOU TO JS Services Research and Trading,
LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOKFOR THE MONTH
PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK OCCURRED OR ONE-THOUSAND DOLLARS ($1,000), WHICHEVER IS GREATER.
18. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION
WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR
RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY
HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL
ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A
TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS
DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU
AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT
CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN
ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL
BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND
DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT
WOULD.
If you have a complaint, dispute, or controversy, you agree to first
contact us at info@jsservices.com to attempt to
resolve the dispute or controversy informally.
19. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify,
and hold harmless JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND
DARMA CAPITAL TRADING VIA JS PLAYBOOK, its directors, officers, employees,
shareholders, licensors, independent contractors, subcontractors, suppliers,
affiliates, parent companies, subsidiaries, and agents from and against any and
all claims, actions, loss, liabilities, damages, expenses, demands, and costs
of any kind, including, but not limited to attorneys’ fees and costs of any litigation
or other dispute resolution, arising out of, resulting from, or in any way
connected with or related to (1) your use, misuse, or attempt to use the
Website, software, Services or products, (2) information you submit or transmit
through the Website, (3) your breach of these Terms, the Privacy Policy, or the
representations and warranties provided by you in this Agreement, or (4) your
violation of any law or the rights of a third-party, negligence, willful
misconduct, and/or any infringement or misappropriation of any intellectual
property of a third-party.
22. THIRD-PARTY LINKS
The Website may contain links to other websites. This may include the
opportunity to purchase many different types of products and services online
that are provided by third parties. JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK assumes no responsibility
for the content or functionality of any non-JS Services Research and Trading,
LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK website to which
we provide a link. If you make a purchase from a merchant on the Website or on
a site linked to by the Website, the information obtained during your visit to
that merchant’s online store or site, and the information that you give as part
of the transaction, such as your credit card number and contact information,
may be collected by both the merchant and us. Furthermore, a merchant may have
privacy and data collection policies and procedures that are different from
ours. Please see our Privacy Policy for more details. For more information
regarding a merchant, its online store, its privacy policies, and/or any
additional terms and conditions that may apply, please visit that merchant’s
website and click on its information links or contact the merchant directly.
Your participation, correspondence or business dealings with any third
party found on or through the Website, regarding payment and delivery of
specific goods and services, and any other terms, conditions, representations
or warranties associated with such dealings, are solely between you and such
third party. You agree that JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK shall not be responsible
or liable for any loss, damage, or other matters of any sort incurred as the
result of such dealings.
You agree to be financially responsible for all purchases made by you or
someone acting on your behalf through the Website. You agree to use the Website
and to purchase services or products through the Website for legitimate
purposes only. You also agree not to make any purchases for speculative, false
or fraudulent purposes or for the purpose of anticipating demand for a
particular product or service. You agree to only purchase goods or services for
yourself or for another person for whom you are legally permitted to do so.
23. TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you
click “COMPLETE PURCHASE”, “BUY NOW!,” “I ACCEPT”, “I AGREE” or similar links
or buttons, otherwise submit information through the Website, respond to a
request for information, begin installing, accessing, or using the Website,
complete a purchase, select a method of payment, and/or enter in payment method
information, whichever is earliest. If, in our sole discretion, you fail, or we
suspect that you have failed, to comply with any term or provision of the
Agreement, we may terminate the Agreement or suspend your access to the Website
at any time without notice to you. Sections 2, 7, 15, 16 through 20, and 24 through
32 of this Agreement, as well as any representations, warranties, and other
obligations made or undertaken by you, shall survive the termination of this
Agreement and/or your account or relationship with JS SERVICES RESEARCH AND
TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK.
Upon termination, you remain responsible for any outstanding payments to JS
SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA CAPITAL TRADING VIA
JS PLAYBOOK.
24. NO WAIVER
No failure or delay on the part of JS Services Research and Trading, LLC
(JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK in exercising any
right, power or remedy under this Agreement may operate as a waiver, nor may
any single or partial exercise of any such right, power, or remedy preclude any
other or further exercise of such right, power, or remedy, or the exercise of
any other rights, power, or remedy under this Agreement. A waiver of any right
or obligation under this Agreement shall only be effective if in writing and
signed by JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA
CAPITAL TRADING VIA JS PLAYBOOK.
25. GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise
related to this Agreement or your access to or use of the Website, our Privacy
Policy, or any matter concerning JS SERVICES RESEARCH AND TRADING, LLC (JS
ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK, including your purchase
and use or attempted use of any Service or product, shall be governed
exclusively by the laws of the State of Illinois without regard to its
conflicts of laws principles. To the extent that any claim or dispute is found
by the arbitrator or (if proper) a court of competent jurisdiction to be
excluded from the arbitration agreement in Section 18 above, the parties agree
that any such claim or dispute shall be exclusively brought in and decided by
the state or federal courts located in Chicago, Illinois and you and JS
Services Research and Trading, LLC (JS Analytics) and DARMA Capital Trading VIA
JS PLAYBOOK hereby irrevocably consent to the exclusive personal jurisdiction
of, and exclusive venue in, such courts, and forever waive any challenge to
said courts’ exclusive jurisdiction or venue. All such claims must be brought
on an individual and non-class, non-representative basis, and the parties
forever waive any right to bring such claims on a class wide or representative
basis.
26. FORCE MAJEURE
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK will not be responsible to you for any delay, damage,
or failure caused or occasioned by any act of nature or other causes beyond our
reasonable control.
27. ASSIGNMENT
JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK may assign its rights under this Agreement at any time,
without notice to you. Your rights arising under this Agreement cannot be
assigned without JS SERVICES RESEARCH AND TRADING, LLC (JS ANALYTICS) AND DARMA
CAPITAL TRADING VIA JS PLAYBOOK’s (or its assigns’) express written consent.
28. ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic
communication. When you communicate with JS Services Research and Trading, LLC
(JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK through or on the
Website or via other forms of electronic media, such as e-mail, you are
communicating with the company electronically. You agree that we may
communicate electronically with you and that such communications, as well as
notices, disclosures, agreements, and other communications that we provide to
you electronically, are equivalent to communications in writing and shall have
the same force and effect as if they were in writing and signed by the party
sending the communication.
29. CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://www.darmacapital.trade/terms-of-use/. We reserve the
right, at our sole discretion, to update, change or replace any part of the
Agreement, including the Privacy Policy, by posting updates and changes to our
Website. It is your responsibility to check our Website periodically for
changes. Your continued use of or access to our Website following the posting
of any changes to the Agreement constitutes acceptance of those changes.
30. YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least
eighteen (18) years of age, or the legal age of majority in your jurisdiction,
whichever is greater; (2) that you have read this Agreement and thoroughly
understand and agree to the terms contained in this Agreement; and (3) that you
will not re-sell, re-distribute, or export any Service or product that you
order from the Website. You further represent that JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK has the
right to rely upon all information provided to JS Services Research and
Trading, LLC (JS Analytics) and DARMA Capital Trading VIA JS PLAYBOOK by you,
and JS Services Research and Trading, LLC (JS Analytics) and DARMA Capital
Trading VIA JS PLAYBOOK may contact you by email, telephone, or postal mail for
any purpose, including but not limited to (i) follow-up calls, (ii)
satisfaction surveys, and (iii) inquiries about any orders you placed, or
considered placing, on or through the Website.
31. SEVERABILITY
Except as provided in Section 18 above with respect to the class action
waiver, if any provision of this Agreement is found by the arbitrator or (if
proper) a court of competent jurisdiction to be invalid or unenforceable, the
remaining provisions shall not be affected thereby and shall continue in full
force and effect and such provision may be modified or severed from this
Agreement to the extent necessary to make such provision enforceable and
consistent with the remainder of the Agreement.
32. ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by
us on the Website or in respect to the Website constitutes the entire agreement
and understanding between you and JS Services Research and Trading, LLC (JS
Analytics) and DARMA Capital Trading VIA JS PLAYBOOK and governs your access to
and use of the Website and your ordering, purchasing, and use and/or attempted
use of any Service or product, and supersedes and replaces any prior or
contemporaneous agreements, representations, communications, and proposals,
whether oral or written, between you and JS SERVICES RESEARCH AND TRADING, LLC
(JS ANALYTICS) AND DARMA CAPITAL TRADING VIA JS PLAYBOOK. We may also, in the
future, offer new services and/or features through the Website. Such new
features and/or services shall also be subject to these Terms, the Agreement,
and any policies or operating rules posted by us on the Website. Any
ambiguities in the interpretation of these Terms or the Agreement shall not be
construed against the drafting party.
33. CONTACTING US
We encourage our customers to contact us with questions or comments about
our products and services. Please feel free to do so by sending an e-mail to
DARMAsupport@t3live.com.
If you have any questions or inquiries concerning any of the Terms, you
may contact JS Services Research and Trading, LLC (JS Analytics) and DARMA
Capital Trading VIA JS PLAYBOOK by e-mail at info@jsservices.com.