These Terms of Agreement are effective May 25th, 2018.
The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features and/or content provided by ToniTurner.com dba TrendStar Trading Group, LLC (“Site”, “ToniTurner.com,” “us,”, “our” ). ToniTurner.com dba TrendStar Trading Group, LLC is registered with the address: 6157 Midnight Pass Rd, Suite E94, Sarasota, FL 34242. By purchasing one or more Services from ToniTurner.com, you declare that you have read, understood and agree to be bound by this TOS. The latest version of our TOS is always available on the ToniTurner.com website. It is essential that you read this TOS prior to purchasing any Service(s) from ToniTurner.com.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TOSs SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TOSs, YOU MAY NOT ACCESS OR USE THE SITE. ToniTurner.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. APPLICATION OF TERMS
1.1. These TOS apply to all Services provided by ToniTurner.com to you throughout the entire Term or Renewal Term.
1.2. The TOS, together with your Order, represent the entire Agreement relating to the Services and supersedes any other agreement previously established between you and ToniTurner.com. Sending an Order to ToniTurner.com constitutes acceptance by you of these TOS.
2. ORDER ACCEPTANCE OF ORDER BY TONITURNER.COM
2.1. In these TOS the method you use to choose which Service(s) to purchase or renew is referred to as an “Order.” Customers must purchase our Product(s) and/or Service(s) through our website.
2.2. Your Order will be deemed to be an offer by you to purchase the Product(s) and/or Service(s) from us subject to these TOS. No Order shall be deemed to be accepted by ToniTurner.com until we send you an email notification of our acceptance of the Order.
2.3. The date on which ToniTurner.com will provide notice of acceptance of the Order, shall be considered as the Effective Date of this Agreement. The Term of the Product(s) and/or Service(s) will commence as of the Effective Date.
2.4. You must be at least eighteen (18) years of age at the time you place your Order. By submission of an Order you declare that you are eighteen (18) years old or older and have the legal capacity to enter into an agreement with ToniTurner.com.
2.5. If you place an Order on behalf of a legal entity, you represent and warrant that you have the legal authority to bind such legal entity to these TOS, in which case the terms “you” or “your” shall refer to such legal entity. In the event that ToniTurner.com establishes that you do not have the legal authority to bind such legal entity, you will be personally liable for the obligations under these TOS.
2.6. By placing an Order to purchase our Product(s) and/or Service(s) you declare that there is no other restriction to enter into an agreement with ToniTurner.com and you are not subject to trade sanctions, embargoes, and other restrictions.
2.7. You understand and agree that all Orders may be subject to automated compliance checks to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). If your Order is flagged for review by any of these checks, it may require our manual review and approval. For such reason, we might ask you for additional information before we can approve and accept your Order. We will use commercially reasonable efforts to review such Orders in a timely manner, but we are not liable for any delays.
2.8. By submitting an Order for purchase of our Product(s) and/or Service(s) you agree and expressly authorize us to use all personal data you provide in order to perform compliance and anti-fraud checks. You agree and expressly authorize us to disclose your personal data to third-parties or to obtain information about you from third parties, including but not limited to your credit/debit card number, in order to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization. Please refer to our Privacy Policy for further information about how we use your data.
2.9. Orders that fail our Fraud Screen will not be approved and Product(s) and/or Service(s) will not be provided. In case an Order fails to pass the Fraud Screen, you will receive formal notice that your Order has been cancelled. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen. In case your Order is cancelled and Product(s) and/or Service(s) are not activated, ToniTurner.com will reimburse you for all pre-paid fees within seven (7) working days as of the date of ToniTurner.com’s formal notice to you that your Order was cancelled. We have no liability for payment of any indemnification, compensation for damage or claims related to the Orders not approved because they have failed our Fraud Screen. No interest or other charges will accrue on the advance paid amounts.
3. PERSONAL DATA. DATA PROCESSING AGREEMENT
3.1. ToniTurner.com may process personal data as part of the Service, to which certain data protection of privacy law may apply, including the European Union’s General Data Protection Regulation (“GDPR”). For the purposes of these TOS, personal data shall have the meaning set out in our Privacy Policy. Please refer to our Privacy Policy for complete information on what personal data we collect and how we process and disclose it.
3.2. Under the GDPR the Customer may qualify as the “controller” and ToniTurner.com may qualify as the “processor” for personal data that ToniTurner.com stores, transmits or manages for the Customer. By uploading and storing content on our servers you acknowledge and agree that ToniTurner.com shall act as a data processor regarding your content. If GDPR applies, the relationship between you and ToniTurner.com related to processing of your content is set out in our Data processing Agreement (DPA), which is an integral part of our Privacy Policy and these TOS. DPA shall be considered concluded between the Parties by acceptance of these TOS by the Customer. Customer must inform ToniTurner.com if it (a) intends to use or access the Product(s) and/or Service(s) relating to activities establishing Customer as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believes that the GDPR or other data protection or privacy laws apply for other reasons.
4. PRODUCTS AND/OR SERVICES
4.1. For the purposes of these TOS “Product and/or Service” or “Products and/or Services” means any and all products and services provided by ToniTurner.com under these TOS including, without limitation to any of our products and/or any of our subscription services.
4.2. Products and/or Services will be provided to you as configured for our standard customer. We might modify, update or upgrade the Products and/or Services and/or add, remove or modify any software, functionality or configuration installed on or used by the Products and/or Services at any time with or without prior notice. You will bear ultimate responsibility to ensure that the Products and/or Services are configured to meet your operational, privacy and security needs. Your hardware, software as well as any other items you deem necessary to use the Products and/or Services shall be compatible with the Products and/or Services. We will not be obliged to modify the Products and/or Services to accommodate your use.
4.3. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Products and/or Services will be provided on “as-is basis”. The hardware configurations may vary. ToniTurner.com may transfer your account to another server, including to servers in another datacenter or geographic location, or modify certain software configurations when deemed necessary by ToniTurner.com in order to ensure the quality and security of the Products and/or Services.
5. FEES AND PAYMENT
5.1. You are responsible for the payment of the fee(s) set out on the Order, in the currency specified on the Order (Fees). All fees must be paid in advance for the entire term or renewal term set out on the Order.
5.2. The current fee(s) and payment method(s) are listed on our website. You acknowledge and agree to pay the fee for the respective Product(s) and/or Service(s) indicated on our website at the time you submit your Order. ToniTurner.com reserves the right to change the fees at any time without notification. Changes in fees shall be effective immediately and will apply for you as of your next purchase or renewal.
5.3. All Fees listed on our website are net of applicable taxes, unless explicitly stated otherwise. You are responsible for all taxes levied on the Product(s) and/or Service(s).
5.4. In certain cases, the issuer of your payment method may charge you a foreign transaction fee or other fees, which may be added to the final amount that appears on your bank statement or posted as a separate charge. ToniTurner.com has no control over such fees.
5.5. Time for payment is of the essence. Customer’s account(s) will not be activated or renewed until all outstanding fees are paid to ToniTurner.com.
5.6. In the course of the order process, you will be asked to provide your credit card information, which will be verified. By submitting an Order you authorize ToniTurner.com to verify your card and charge it for the total amount of your Order. If the issuer of your payment method refuses to authorize the transaction to ToniTurner.com we will not be liable for non-provisioning the Product(s) and/or Service(s).
5.7. In case of payment via PayPal or a similar online payment provider, immediately after submitting your Order you will be directed to the web page of the payment provider, where you will authorize the payment. You acknowledge and agree that the processing of payments will be subject to the terms, conditions and privacy policies of the respective payment processors in addition to this Agreement. Once the transaction is completed, you will be redirected to our website.
5.8. You acknowledge and agree that your payment details shall be stored by our payment providers to process payment for any ToniTurner.com Product(s) and/or Service(s) you purchase or renew.
5.9. Our obligation to provide the Provider(s) and/or Service(s) depends on your payment of the Fees. It is your responsibility to ensure that we receive timely payment of the Fees.
5.10. You are responsible for keeping at least one active payment method on file.
5.11. You confirm that any payment method you use and/or add on file is yours or that you have been specifically authorized by the owner of the card to use it for the purchase.
5.12. In case of delay in payment of any fees(s) due, for whatever reason, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Product(s) and/or Service(s). We are not responsible for any deleted or lost Customer Content that results from any suspension or termination of the Product(s) and/or Service(s).
5.13. You acknowledge and agree that if your card issuer supports Recurring Billing Programs or Account Updater Services, we may participate in such programs or services. As part of these programs, your card issuer will send our payment processors updated information for your payment method(s) on file and we may automatically charge your new card without prior notification. Participation in such programs does not guarantee that we will receive payment of the fees. It is your responsibility to pay all fees due.
5.14. Certain Service(s) may be available to you for free. Such Service(s) may only be used by you during your current Term and may not be transferred to other third-parties. Upon Termination of your Agreement such Service(s) will also be terminated.
5.15. Invoices are due immediately upon receipt. ToniTurner.com reserves the right to suspend and/ or terminate the Services until payment is made.
5.16. By accepting these TOS, you hereby authorize ToniTurner.com to send you invoices electronically at the email address specified in your User Area.
5.17. If you believe there is an error on your invoice, you must immediately contact us in writing. We each agree to work together in good faith to resolve any billing disputes. If you contact your credit card company and initiate a “chargeback” based on this dispute, we may suspend the Product(s) and/or Service(s) until the dispute is resolved. To reactivate your Product(s) and/or Service(s), you must first pay all outstanding Fees.
5.18. Refund requests are processed as set out in our Money Back Policy. We will apply any refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. ToniTurner.com is not responsible for delays to refunds caused by processing institutions or expiration of the original payment method.
6. RENEWAL POLICY
6.1. Toni’s Market Club is set to renew automatically. You can cancel this service at any time by contacting us in writing.
6.2. We will attempt to renew Services for which automatic renewal is enabled and charge the then current Renewal fee(s):
- on the day of the renewal for the Term on a monthly billing cycle
6.3 If we cannot process a renewal at the scheduled date, we may make additional attempts to charge your payment method(s) until you renew the Service(s) or terminate the Agreement. We will always charge for renewal the payment method on file. We are not responsible for the operation of the Service(s), if Services are suspended/terminated because your payment methods have expired or are no longer valid for any reason.
6.4. You acknowledge and agree that even if a Service is set to renew automatically and/or you have an active payment method on file, we might not be able to renew the Services. It is your responsibility to ensure that you have paid the fees and a renewal has been processed.
6.5. You acknowledge and agree the Service(s) shall be terminated upon expiry of the term. You agree that ToniTurner.com shall not bear any responsibility and liability for any damages whatsoever including, but not limited to, damages for lost profits, cost savings, revenue, business, data or use, or any other pecuniary loss by you or any other third party, if we are unable to charge your payment method on file or you fail to renew the Services manually.
7. MONEY BACK POLICY
7.1. If you wish to cancel Toni’s Market Club, you can cancel at any time. You will no longer be billed for the Service. We recommend that cancellation requests are emailed to us.
7.2. Some of our Product(s) offer a Money Back Guarantee. When applicable as stated on the product, our Money Back Policy covers pre-paid fees. We will issue a full refund on the pre-paid fees, if cancellation is requested within 30 days from the date a Product and/or Service is activated. If a cancellation is requested within 30 days from the date on which we receive payment, we will refund the pre-paid fees.
7.3. Refunds are processed within ten (10) business days after a Product and/or Service is cancelled.
7.4. To the maximum extent applicable under national law and without affecting your rights as a Consumer, the Money Back Policy is your sole and exclusive remedy should if you decide to withdraw from this Agreement.
8. CUSTOMER ACCOUNT
8.1. If you are a new customer, upon purchase of our Services we will create a Customer Account for you. Your Customer Account contains your personal details and grants you access to our User Area where you can access, review, update and manage your contact information.
8.2. If you purchase Services on behalf of another person or entity, you warrant that you will administer their Customer Account in good faith and in their best interest, and will indemnify us against all losses and liabilities sustained by us should you administer the Account in ways that are adverse to the End User and result in any claim against us.
8.3. Login to the User Area requires the use of username and password. You agree not to use the account, profile, username, or password of another user at any time. You will be solely responsible for the security of your login credentials. You shall keep all passwords confidential and take security measures to prevent unauthorized access to them. For security purposes, ToniTurner.com highly recommends that you keep different passwords for different Customer Accounts and service providers, refrain from using any functionality that saves or stores your login credentials and regularly update your password.
8.4. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party, and for keeping your Account password secure. You shall notify ToniTurner.com immediately of any breach of security or unauthorized use of your Account to the following email address: info@toniturner.com.
8.5. You are responsible for providing and maintaining true, current, complete and accurate information. If you fail to do so, we accepts no liability in the event that we grant access to the account to another person.
8.6. For avoidance of doubt, the individual or entity whose personal data is listed in the ‘My Details’ section of the User Area is considered by us to be the owner of the account (Account Owner).
8.7. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account may be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
9. USE OF SERVICES. CUSTOMER RESPONSIBILITY
9.1. You acknowledge and agree that your use of the Service(s) and any Content uploaded, stored, published and displayed on or through the Service(s) are in compliance with these TOS and all applicable laws, including laws of the jurisdiction where the Service or Content is uploaded, hosted, stored, accessed or used. You shall implement any restrictions necessary in order to prohibit use of the Services by any third party or in any jurisdiction, as required to comply with such laws.
9.2. You may not upload, store, publish and display on or through our Service(s) any personal data, private or any other personally identifying information, images, videos of minors or any third party.
9.4. You are responsible to provide accurate and complete information about you and your organization (if you purchase on behalf of a organization) and promptly update all provided information. We shall not be liable for any errors or damages caused by any failure from your side to provide complete and accurate information.
9.5. You are responsible for all your activity related to the use of our Product(s) and/or Service(s).
9.6. You declare that (i) you have technical knowledge necessary to ensure the proper use, administration, management of our Service(s); (ii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them.
9.7. You shall indemnify, defend and hold harmless ToniTurner.com, and its respective officers, directors, shareholders, employees, agents and representatives against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise directly or indirectly from your acts or omissions.
9.8. You must obtain all equipment necessary to access and use our Product(s) and/or Service(s). It is your responsibility to use equipment, software or applications which are compatible with our Product(s) and/or Service(s). When accessing or using our Products and/or Services you may not use equipment and/or software which are faulty or with malfunctions that may cause security issues with our servers, damage the integrity of the network and/or vulnerability of the Service(s).
9.9. You acknowledge and agree not to make any modification or alteration of any part of our Product(s) and/or Service(s).
9.10. You acknowledge and agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained on our Site.
9.11. You acknowledge and agree that any information, articles, tutorials, guidelines or technical support advice may be provided by us only for your convenience and do not constitute official statements.
10. TONITURNER.COM CONTENT AND INTELLECTUAL PROPERTY RIGHTS
10.1. ToniTurner.com retains ownership of all intellectual property rights related to the provisioning of the Product(s) and/or Service(s). ToniTurner.com grants to you a non-exclusive, non-transferable limited license to access and use the Product(s) and/or Service(s) during the Term or any Renewal Term. All trademarks, product names, services, software, script, source code, content, photos, graphics, videos on our website, logos or slogans (“ToniTurner.com content”) used by ToniTurner.com are owned by or licensed to ToniTurner.com. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store ToniTurner.com’s content for purposes other than using our Products and/or Services, without our express prior written consent.
Unless otherwise set out in these TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us concerning your idea and suggestions related to the Services, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.
10.2. You are welcome to provide us with a written or verbal testimonials of our Product(s) and/or Service(s) in connection with your use of the Services. You acknowledge and agree that we may, at our discretion, use the testimonial to promote our Services online and in social media. Further to our use of your testimonial, you hereby agree and give your consent to ToniTurner.com to publish your name, voice or likeness, profession, website, video and/or contact information in connection with the publication of the testimonial. If you would like to withdraw your consent, please send your request to info@toniturner.com.
11. THIRD PARTY LINKS
11.1. Our site and Services may contain link(s) to other websites operated by or with content provided by third parties. You understand and agree that ToniTurner.com has no control over any such third-party websites or their content and will have no liability arising out of or related to your use of any third-party websites or their content. ToniTurner.com shall not bear any responsibility for any legal documents (agreements, terms and conditions, policies and etc), content and practice of any third-party websites. The existence of any third-party links does not constitute endorsement of such websites, their content, or their operators. ToniTurner.com includes these links only for your convenience.
11.2. You acknowledge and agree that third-party links on our website may contain affiliate tracking and ToniTurner.com may collect a share of sales or other compensation from such links.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, and without affecting your rights as a Consumer, you agree that you will not under any circumstances, including negligence, hold ToniTurner.com, its officers, directors, employees, licensors, agents, subcontractors and/or third party service providers liable for any direct or indirect damages of any nature and type suffered by the Customer of third parties, including, but not limited to, damages for loss of profits, cost savings, revenue, business, data or use, or any other pecuniary loss that may result from: delays, malfunctions, suspension and any other interruption in the provision of the Service(s) due to events beyond our reasonable control (for example: force majeure, third party conduct/acts, including ToniTurner’s licensors and suppliers, faults and malfunctions of the machines, software and other equipment, whether owned by us or our licensors/suppliers; acts and/or omissions made by Customers and in contrast with the obligations undertaken under these TOS); data loss due to hardware or software failure; any information, data, content in or accessed through the Services; any action, information or instruction provided as part of our technical support Services; your use of the Service(s). You agree that the foregoing limitations apply whether based on contract or tort or any other legal theory and apply even if we have been advised of the possibility of such damages. In no event, we will be liable to you in the aggregate with respect to any and all breaches, defaults, or claims of liability under these TOS or under any other agreement or document for an amount greater than the fees actually paid by you to us for the respective Service(s) during the twelve month period preceding a claim giving rise to such liability. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. You agree that in those jurisdictions, our liability will be limited to the extent permitted by law and your rights as a Consumer will not be affected.
13. INDEMNITY
You acknowledge and agree to indemnify, defend and hold harmless ToniTurner.com defend, fully compensate us, our affiliates, subsidiaries, parent and related companies, licensors and any third-party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of these TOS, our policies or documents which are incorporated herein, or any law; (iii) any breach of any of your representations or covenants contained in these TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS. The terms of this Article shall survive the termination of the Agreement.
14. TERM AND TERMINATION
14.1. Toni’s Market Club is set on a monthly automatic recurring billing service term.
14.2. You may terminate Toni’s Market Club at any time through email to info@toniturner.com. We will send you an email confirmation to acknowledge your completion of the Cancellation Request (Cancellation Confirmation). If you fail to contact us with a Cancellation Request the Services will not be terminated, and Fees will continue to be charged.
14.3. You have the right to withdraw from this Agreement, informing us of your decision to withdraw by email to info@toniturner.com.
14.4. Without prejudice to the provisions laid down in other clauses of thеsе TOS, ToniTurner.com shall be allowed to terminate this Agreement with or without notice with immediate effect if (i) you fail to pay any fees due; (ii) you breach these TOS, our Acceptable Use Policy or any other policy incorporated herein by reference, or any law and fail to cure that breach within 48 hours after receipt of written notice; (iii) you repeatedly infringe any policy incorporated herein or announced on our website; (iv) in case of any action and/or omission, failure and/or malfunction caused by you or your End User(s) which damage ToniTurner.com servers and facilities; (iv) you disclose false or misleading allegations that may negatively impact our reputation and (v) transfer all or part of your obligations and/or rights under this Agreement to third parties, without our prior written consent.
14.5. ToniTurner.com may also terminate this Agreement by fifteen (15) days written notice as of the date of its receipt if according to ToniTurner’s reasonable opinion, ToniTurner.com determines in good faith that continued provision of the Service has become unfeasible for technical, legal, regulatory, economic or any other material reason.
14.6. ToniTurner.com may discontinue provisioning of certain Service(s) or terminate this Agreement, if a third party ceases to make components of the Service available to us.
15. COMPLAINTS
15.1. If for any reason you are not satisfied with our Products and/or Services, you may send your complaint to us via: (1) email at info@toniturner.com, or (2) telephone at (941) 376-1444
15.2. We will take care to review, investigate and respond to any complaint(s) fairly and thoroughly. All complaints must be in writing and clearly indicate the name and contact details of the complainant. If you have relevant documentary evidence to support your complaint, it should be еnclosed to the complaint. Evidence submitted should be as concise as possible and relevant to the complaint.
15.3. When you submit a complaint, ToniTurner.com will acquire any and all personal data included in the complaint. In order to follow up on your complaint, ToniTurner.com may need to provide your complaint enclosed with evidences to a person subject of the complaint and third parties as consultants and subcontractors. ToniTurner.com shall process all personal data included in the complaints in compliance with our Privacy Policy.
15.4. ToniTurner.com will review the complaint and will provide a written answer within 10 (ten) business days from receipt of the complaint. If the complaint requires more detailed investigation, you will receive an interim response describing what is being done to deal with the matter, and when you can expect a final reply.
16. DISPUTE RESOLUTION. JURISDICTION. CHOICE OF LAW
16.1. In the event of any dispute, controversy or claim arising out of or related to this Agreement, you and ToniTurner.com shall use reasonable effort to settle such disputes or differences. To this effect, we shall consult and negotiate each other with the aim to reach a solution satisfactory to each Party.
16.2. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. You acknowledge and agree that, by entering into this Agreement, you and ToniTurner.com are waiving the right to a trial by jury. If you initiate litigation or any other proceeding against ToniTurner.com in violation of agreed arbitration procedure, you agree to pay us reasonable costs and attorneys’ fees incurred in connection with our enforcement of the articles regulating the arbitration proceeding.
16.3. A party who intends to initiate an arbitration procedure to settle the dispute must first notify the other Party by sending a written notice to info@toniturner.com The notice must contain full contact details: name, address and e-mail, the nature and basis of the dispute/claim and the relief requested. In the event of a dispute between the Parties arising out of or in connection with these TOS the Parties hereto shall use their best efforts to resolve the dispute in an amicable manner. If the Parties may not reach an agreement to resolve the dispute within 60 days following the receipt of the dispute notice, each Party may initiate an arbitration procedure under the Article 23.2 of these TOS. You may find a copy of a Demand for Arbitration at www.adr.org: Consumer Arbitration Rules. Any claim or dispute to which arbitration procedure apply must be filed within one year of the date you could first file the claim, unless your local law requires a longer time to file claims. If the claim or dispute is not filed within that time, then it’s permanently barred.
17. LIMITATION OF LIABILITY
In no event will ToniTurner.com be liable for (I) any incidental, consequential or indirect damages (including but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information or transactions provided on the service, or downloaded from the service, or any delay of such information or services. Even if ToniTurner.com or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or there inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation my not apply to you. In such stats, ToniTunrer.com liability is limited to the greatest extent permitted by law.
ToniTurner.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ToniTurner.com web site, please understand that it is independent from ToniTurner.com, and that ToniTurner.com has no control over the content on that web site. In addition, a link to a ToniTurner.com web site does not mean that ToniTurner.com endorses or accepts any responsibility for the content, or the use, of such web site.
18. THE MARKET NOW NEWSLETTERS AND EDUCATIONAL VIDEOS
The Market Now Newsletters and Educational Videos were prepared for educational purposes only. The contents do not recommend, advocate or urge the buying, selling, or holding of any financial instruments. The author expresses personal opinions in the contents, herein, and will not assume any responsibility whatsoever for the actions of the person reading or listening to these contents. The author may or may not hold positions in the financial instruments discussed in this content. Trading and investing involve high levels of risk. Future results can be dramatically different from the opinions expressed herein. Past performance does not guarantee future performance.
19. CHANGE OF TOS
ToniTurner.com may modify these TOS at any time with immediate effect. We will inform you about modifications to the TOS by email. ToniTurner.com shall not be liable for your failure to receive an email notification due to an inaccurate email address.
If you do not agree to the changes in the TOS, you must suspend use of the Products and/or Services and terminate this Agreement within ten (10) business days of receiving notification from us.
To the extent permitted by applicable law, continued use of the Products and/or Services after you have received a notice for changes to the TOS will be considered as acceptance of such changes and in force in the agreement between the user and ToniTurner.com, unless you have sent us a termination notice.
Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Product(s) and/or Service(s) or any other change which neither reduces you rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.
No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.
