MiyagiTrading Terms and Conditions

Miyagi Trading Terms and Conditions

 

 

Last updated: May 2023

 

 

  1. INTRODUCTION
    By using the MiyagiTrading.com website, or accepting or using any other products or services offered by Miyagi Trading (herein referred to as “we”, “us”, “our” or “Miyagi”), you (herein referred to as “you”) represent that you have read and understand these Terms of Service and Use (herein referred to as “Terms of Service and Use”), and that you agree to be bound by the terms and conditions herein contained.

  2. DEFINITIONS
    In this Agreement, the following capitalized terms have the meaning ascribed to them:
    2.1 “Losses” means, in respect of any matter, all claims, demands, proceedings, actions, causes of action, losses, damages, liabilities, deficiencies, costs and expenses on any nature and or kind whatsoever (including, without limitation, all legal and other professional fees and disbursements, interest, penalties and amounts paid or incurred in settlement or resolution) arising directly or indirectly as a consequence of such matter;
    2.2 “Privacy Policy” means our privacy policy;
    2.3 “Site” means the MiyagiTrading.com website;
    2.4 “Software” means (i) the software created by Miyagi (including, but not limited to the software which runs the Miyagi Trading scripts); (ii) all object code form of the Software supplied on a data carrier, via electronic mail or downloaded via the Internet or any other application; (iii) any related explanatory written materials and any other possible documentation related to the Software, including, without limitation, any description of the Software or its specifications, or properties or operation, any description of the operating environment in which the Software is used, instructions for use or installation of the Software or any description of how to use the Software; and (iv) copies of the Software and any Updates, if any, licensed to you by Miyagi or any of its affiliates;
    2.5 “Miyagi Content” means all content, materials, resources, data, information, opinions, content, videos, audio clips, images, and blogs on the Site or otherwise provided by or on behalf of Miyagi from time to time, whether by email, in person, or posted, uploaded, transmitted or otherwise displayed on or which can be viewed on or from the Site;
    2.6 “Miyagi Group” means all of Miyagi’ affiliates, and all of the respective directors, officers, employees, licensors, service providers, consultants, insurers and agents of Miyagi and such affiliates; and
    2.7 “Updates” means any updates to the content of the Software, and any improvements, upgrades, bug fixes, enhancements and other modifications to the Software, in each case that are made generally available to persons licensed or authorized to use the software after the date of purchase of the Software.

  3. PRODUCTS AND SERVICES
    The dealings between you and Miyagi, and the products and services that Miyagi provides includes, without limitation, the use of the Site, the Miyagi Content and the Software, all as may be provided by or on behalf of Miyagi to you from time to time (herein referred to as the “Products and Services”), and all of which is subject to the terms and conditions herein contained, as well as the Privacy Policy, License Agreement and any other policies which may currently be posted on the Site or put into effect from time to time, and any other written agreement which we may require that you accept, sign or otherwise agree to as a condition to purchasing any fee based product or service which we may offer from time to time, including, without limitation, a license with respect to the Software.

    Any coaching sessions provided by us to you as part of our Products and Services is provided solely to educate you on using the Miyagi Trading scripts in the most efficient manner possible and does not constitute any financial or investment advice.

    If you do not accept any such terms or conditions, you are not permitted to, and you agree that you shall not, use any of the Products and Services.

  1. CHANGES TO TERMS
    Miyagi reserves the right to amend all or any part of these Terms of Service and Use (including, without limitation, the refund policy described below) from time to time, or to adopt or amend any other policies in connection with the use of the Site and or any of the Products and Services (subject to any other written agreement between us and you specifically providing otherwise), upon notice to you, which notice may be given by Miyagi posting such change on the Site. Such notice shall be deemed to take effect when posted on the Site. Your continued use of the Site and or any of the Products or Services following notice of such change will be conclusively deemed acceptance of any such changes. You agree that notice of any such change from time to time in any such manner constitutes reasonable and sufficient notice.

  1. REFUND POLICY
    Applicable to Miyagi subscribers only. All purchases of discounted products, services, and coaching sessions are non-refundable. We do not accept refunds when paying with crypto due to potential transaction fees & other complications. If you purchase any indicators or packages, you are eligible for a 7-day money-back guarantee on new orders if you are unsatisfied with the service.

    You must contact us at support@miyagitrading.com with the order ID within 7 days of the initial purchase to coordinate the refund. Any requests after 7 days of the initial purchase will not be refunded. Refunds generally take 3-5 business days to arrive in your bank account.

    If you believe that Miyagi has charged you in error, you must contact us within 7 days of such charge. Charges older than 7 days but within 15 days are subject to a 20% processing fee. No refunds will be given for any charges at or past the 15 day old mark unless otherwise required by law. Miyagi reserves the right to issue refunds or credit at our sole discretion unless otherwise required by law. If Miyagi issues a refund or credit, we are under no obligations to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.

  1. SUBSCRIPTION CANCELLATION POLICY
    If you choose to cancel your subscription, please be aware that you are responsible to cancel your subscription before the next billing cycle occurs and before your renewal payment is made.

    Cancellations can be made by logging into your user account at https://miyagitrading.com/myaccount/ and clicking “My Subscription”. Under “My Account” you will see the  “Cancel” button.

    In the event you submit your cancellation past the billing cycle date and you have made a payment, no refunds or partial refunds will be issued, and the cancellation will be effective on the next billing cycle.

  1. REPRESENTATIONS
    You represent and warrant, and you acknowledge that Miyagi is relying on such representations and warranties in providing the Products and Services to you, that (i) you are a natural person of legal age of majority in the jurisdiction in which you reside, with the power and ability to enter into this Agreement; and (ii) your use of the Products and Services will comply at all times with all applicable laws.

  1. RISK WARNING; DISCLAIMERS
    Miyagi hereby disclaims and discloses the following to you, and you hereby represent that you understand, and acknowledge and agree to the following:

    8.1 Not Registered to Advise or Deal. Neither Miyagi nor any person included in the Miyagi Group: (i) are investment advisors, brokers, dealers or representatives, nor are any of them registered with the U.S. Securities and Exchange Commission, the Financial Industry Regulatory Authority, or any other securities regulator or regulatory authority; (ii) provides personalised recommendations or views as to whether a security or derivative trading or investment strategy is suited to the financial needs of any specific individual or person; or (iii) provides tax, legal or investment advice.

    8.2 Substantial Risk. Trading in securities and derivatives involves substantial risk and uncertainty, and it is not suitable for everyone, and by doing so, you could lose all or more of your investment. Should you elect to trade, you will only trade with money you can afford to lose, and you assume all risk related to your trading and trading activity.

    8.3 No Guarantee. None of Miyagi or any person included in the Miyagi Group has provided any guarantee of future performance or success. Any statement, express or implied, by Miyagi or any such person, as to expectations or anticipation of future results or performance is subject to known and unknown risks, uncertainties and other factors beyond the control of Miyagi and the Miyagi Group, and each of them.

  1. CONTENT
    9.1 Information Purposes Only; Not Advice. Miyagi Content, and all products and services provided by or on behalf of Miyagi, including the Software, is strictly provided as a convenience to you for general information and educational purposes, and is not and shall not be construed as, a dealer service, investment advice, or as an endorsement or recommendation to invest in, any particular security or derivative, or to pursue any particular investment or trading strategy, nor shall it be construed as an offer to buy or sell any security or derivative. No Miyagi Content is intended to be nor shall it be used or relied upon as the sole basis of any investment or trading decision or strategy.

    9.2 No Representation. Miyagi cannot and does not represent or guarantee that any of the Miyagi Content is accurate, reliable, current, complete or appropriate for your needs. Miyagi Content, or any part or parts thereof may be provided by parties with whom Miyagi has no relationship (or no relationship other than one established through these Terms and Conditions).You are responsible for evaluating the completeness, usefulness and accuracy of the Miyagi Content, and the risks and qualities related to any use of or reliance you place on any such content. Miyagi Content may become outdated or inaccurate as a result of changes in regulations, behaviours or markets generally. Miyagi is under no obligation to update any such content whatsoever, except as may be required by applicable law.

    9.3 Testimonials. Miyagi Content may present or include testimonials from other users of software licensed by Miyagi. All such testimonials are believed by Miyagi to be true based on the representations of person providing the testimonial, but the information stated as facts in testimonials has not been independently audited or verified. No attempt has been made by Miyagi to determine whether any testimonials are representative of the experiences of other users, or if the testimonial is representative of the experience of the user providing it after such testimonial is given. No person was compensated for providing a testimonial. You should not expect the same or similar results of any other person providing a testimonial. Testimonials are not a guarantee of future performance or success.

  1. INTELLECTUAL PROPERTY
    10.1 Intellectual Property. The Site and the Products and Services, including all computer software in source code, object code or other form, databases, indexing, search, and retrieval methods and routines, hypertext markup language code, active server pages, intranet pages, and similar materials, and all intellectual property and other rights, title, and interest therein, including copyrights, trade secrets, rights in patents, compilations, inventions, modifications, updates, extensions, enhancements, configurations, derivative works, discoveries, improvements, processes, methods, designs, know-how and underlying ideas and concepts, whether or not copyrightable or patentable, pertaining to any of the foregoing (all of which shall be deemed part of the Site and Products and Services), whether conceived by Miyagi alone or in conjunction with others (collectively, “Miyagi IP”), are owned by Miyagi, its affiliates and/or their respective licensors, and are protected by applicable intellectual property laws of Canada and other countries. Except for the rights expressly granted to you in this Agreement or another written agreement between us and you with respect to any Products and Services, all rights in the Site and the Products and Services and all Miyagi IP and any other proprietary rights thereto, are and shall remain solely owned by Miyagi and its respective licensors. Miyagi reserves all rights not expressly granted to you in this Agreement.

    10.2 Trademarks. All logos, custom graphics, icons, and service names (herein referred to as “Marks”) used by Miyagi are tradenames, trademarks or registered trademarks of Miyagi and/or its affiliates. All other Marks are property of their respective owners. Nothing in this Agreement grants you any right to use any Marks of Miyagi or its affiliates, nor the right to exercise any of Miyagi’ exclusive copyrights, except as may be expressly set forth herein.

    10.3 No Warranty. Neither Miyagi nor any of the Miyagi Group represent or warrant that your use of the Site, or any of the Products and Services, or any Miyagi Content will not infringe the rights of any third party(ies).

  1. SITE RELATED LICENSES
    11.1 Site License. Miyagi hereby grants to you a limited non-exclusive, non-transferable license to use the Site, and the Miyagi Content solely for your personal use and for the purposes set forth on the Site, and subject to these Terms of Service and Use, the Privacy Policy, and all other policies imposed or adopted by Miyagi in connection with the Site, all as may be amended from time to time. Such license is freely revocable and terminable by Miyagi at any time, without cause and in the sole discretion of Miyagi. You agree that as between you and Miyagi all Miyagi Content shall be, and shall be deemed to be, the sole property of Miyagi.

    11.2 Use of Miyagi Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Miyagi Content in any form or by any means whatsoever without prior written permission from Miyagi. Any unauthorized use of Miyagi Content constitutes a material breach of this Agreement and violates Miyagi’ intellectual property rights and/or those of its licensors.

  1. DISCLAIMERS OF LIABILITY
    12.1 To the fullest extent permitted by applicable law, the products and services, and each of them, including their respective features and functionality, as applicable, are provided on an “as is” and “as available” basis without warranty of any kind or nature whatsoever, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the generality of the foregoing, Miyagi makes no warranty that: (a) any of the products and services will meet your requirements; (b) any of the products and services will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from use of or reliance on any of the products and services will be effective, accurate, or reliable; or (d) the quality of any products and services, or any of them purchased or obtained by you from the site or from or through Miyagi or any of its affiliates will meet your expectations or be free from mistakes, errors, or defects.

    12.2 The products and services, or any of them, could include technical or other mistakes, inaccuracies or typographical errors. Miyagi may make changes to any of the products and services, including, but not limited to, the prices and descriptions of any products and services described herein, at any time without notice. Products and services, or any of it, may be or become out-of-date, and we make no commitment to update any of it.

    12.3 The use of any or all of the products and services is solely at your own discretion and risk, and you agree that you will be solely responsible for any damages, loss or harm resulting therefrom, including to any computer system or loss of data and any other damage or harm that results from any such activities.

    12.4 We make no warranty regarding any transactions executed through a third party, or in connection with any of the products and services, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any products and services or content available on or through any of them from a third party is provided solely by such third party, and not by Miyagi or any of the Miyagi group.

  1. LIMITATION OF LIABILITY AND INDEMNIFICATION
    13.1 Miyagi sole and exclusive liability, and that of the Miyagi group, and each of them, and your exclusive remedy, regardless of the theory of liability, for any and all losses arising out of this agreement and your use of and or reliance on any of the products and services shall be limited to the amount you paid Miyagi for the applicable product or service.

    13.2 In no event shall Miyagi or any of the Miyagi group be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, including, without limitation, those resulting from lost or damaged data, trading loss or profit loss, business interruption, loss of privacy, loss or disclosure of confidential information, negligence, gross negligence, or any other pecuniary or other loss whatsoever, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability, arising out of or in connection with the use of, or inability to use any of the products and services whatsoever, including, without limitation, any of those linked to the site, and you hereby irrevocably release Miyagi and the Miyagi group, and each of them from any and all such losses and or damages that you may suffer or incur.

    13.3 You agree to defend, indemnify and hold Miyagi and the Miyagi group, and each of them, harmless from and against any and all claims, (including, but not limited to, legal fees on a solicitor-client full indemnity basis) arising from your violation of this agreement, any applicable laws or regulations, or any third party’s rights, including, but not limited to, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of this agreement and or any cancellation of your membership.

    13.4 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the liability of Miyagi and the Miyagi group, and each of them, will be limited to the greatest extent permitted by law.

  1. MISCELLANEOUS
    14.1 This agreement shall be governed by the laws of the jurisdiction where the Company is incorporated, without regard to its conflict of law provisions, and you hereby agree to submit to the exclusive jurisdiction of the courts of such jurisdiction, or another location of the Company’s choosing, for the purpose of litigating all claims arising out of or related to this Agreement or any of the Products and Services provided herein. Notwithstanding the foregoing, you acknowledge and agree that the Company shall be entitled to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction.

    Except as otherwise provided herein, any controversy or claim, whether at law or equity, arising out of or related to this Agreement or any of the Products and Services, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual binding arbitration in accordance with the rules of the governing arbitration association, should the Company elect in writing at the applicable time. You agree to provide not less than 90 days written notice to the Company of any threatened claim, such that the Company has an opportunity to make such election should it decide to do so.

    Should the Company elect to proceed with arbitration, such arbitration shall be conducted in English and shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. It is expressly understood and agreed that this provision shall survive the termination of this Agreement.

    14.2 You shall not sell, assign, convey, sublicense or transfer this Agreement or any of your rights or obligations hereunder, and any assignment, transfer, conveyance or sublicense in violation of this paragraph shall be null and void. Notwithstanding anything herein to the contrary, Miyagi shall have the right to assign the Agreement and any or all of its rights and obligations hereunder to any of its affiliates, or to any other person or persons, with or without notice to you.

    14.3 If any provision of this Agreement, or any part thereof, is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision, or part thereof, will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions, or any part(s) thereof will not be affected in any way.

    14.4 No delay or omission by Miyagi to exercise any right or power occurring upon any non-compliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by Miyagi of any of the covenants, conditions or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement herein contained. Unless otherwise stated, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to Miyagi or you, as the case may be, at law, in equity, or otherwise.

    14.5 You agree to the use of electronic communication to enter into this agreement and you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, all to the extent permitted under applicable law.

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