Terms of Service
TradeWrangler, Inc. is a registered investment adviser ADV I / ADV II. Use of this website constitutes an acceptance from you of our Terms of Service and Privacy Policy. It should be noted that past performance is never a guarantee of future results. Any and all historic returns, projected returns, and projected probabilities may not reflect actual performance. Investing involves risk and the potential for loss of capital. TradeWrangler does not provide tax advice or personalized financial planning. Users and Clients of our site are recommended to speak with a personal tax advisor and/or an investment professional before and during the utilization of the TradeWrangler service. TradeWrangler and its affiliates assume no responsibility for the results of activities executed by a user based on information provided by the service as the company has no control over the timing or accuracy of the activities executed by the user. For more information see our Terms of Use.
Copyright 2016 - 2024 © TradeWrangler, Inc. All Rights Reserved. Patent Pending.
Terms of Use
1. Introduction: TradeWrangler (herein also referred to as the "Company") is an automated investment advisory subscription service available through our proprietary online and mobile-friendly platform application located at the website www.tradewrangler.com.
1.1. Purpose: The Company offers a proprietary quantitative rules based investment advisory consulting service. As a client of the Company, we will provide general investment allocation recommendations that automatically update as determined by our proprietary quantitative and algorithmic rule based allocation engine. Clients of the TradeWrangler system will be given a private account interfaced through an online dashboard where these investment recommendations will be published. Clients will also have the ability to receive these recommendations via email and mobile alerts. In addition to storing current and historical recommendations, the client may use their private account and dashboard to monitor their investment(s) via a third party integration through one of our Data Aggregation providers. When a client uses the TradeWrangler platform, they agree to the following legally binding engagement and terms:
1.2. Agreement: For the purpose of this agreement a "User" is an individual who uses our website to evaluate our service or for educational purposes, and a "Client" is an individual who signs our Client Agreement that entitles them to the advisory consulting services offered by the Company. The Agreement enclosed, as well as the aforementioned Privacy Policy applies to both Users and Clients. When you access our website online or through a mobile device (herein referred to as the "Service"), you are agreeing to be bound by the following "Terms of Use," "Client Agreement," and "Privacy Policy." It is the responsibility of both Users and Clients to fully understand the terms and conditions addressed in all of these documents prior to engaging the Service.
2. Obligations: You must be 18 or older to access our Service.
2.1. Eligibility: The Service is intended solely for individuals who are 18 or older. Any access to or use of the Service by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using the Service, you represent and warrant that you are 18 or older. You agree to not disclose your user name and password to anyone as to keep the service private between you and the Company. You agree to not share your account or recommendations made by the service with anyone else.
2.2. Access: In order to access certain features of the Service, you must register to create an account ("User Account"). When you register, you will be asked to choose a password, which you will be required to use to access your User Account. TradeWrangler has electronic and procedural safeguards that comply with federal standards to guard Users' and Clients' non-public personal information. Further information on these features are addressed in the Privacy Policy. You are responsible for safeguarding your password and other User Account information. You agree not to disclose your password to any third party and you will notify the Company immediately if your password is lost or stolen or if you suspect any unauthorized use of your User Account. As a User you agree that you shall be solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You agree that the information you provide to us on account registration will be accurate, current, and complete. We may send you communications that you are required to read. The company is not responsible for any misuse of the service stemming from not reading any of these communications.
2.3. Service Communications: By creating a User Account, you automatically sign up for various types of alerts via e-mail and mobile notification. When logged in, you may customize, modify and in some cases deactivate alerts by adjusting the settings accordingly. We never include your password in these communications, but we may include your name, or email address and information about your account if you are a Client. Anyone with access to your e-mail or mobile device will be able to view these alerts. You may unsubscribe from marketing oriented emails at any time.
3. Limit of Liability & Disclaimer: The Company will not be held responsible for any insights or recommendations made available to Users of the service.
3.1. Terms Specific to Users who are not Clients: You understand and acknowledge that any information including but not limited to investment results, insight, and recommendations you obtain from the Service provided by Company cannot be guaranteed and that the Company will not be held responsible. All investing entails risk and the potential for loss. Investment consulting services may be offered to individuals who become clients, at the sole discretion of the Company. Your election to engage our investment consulting services are subject to your explicit enrollment and acceptance of the separate Client Agreement and related subscription fee schedule. You agree and understand that your use of the Service is for educational purposes only and is not intended to provide legal, tax or financial planning advice. You agree as a User that you are responsible for your own investment research and investment decisions, that TradeWrangler is only one of many tools you may use as part of a complete investment education process, that you should not and will not rely on TradeWrangler as the primary basis of your investment decisions and, except as otherwise provided for herein, the Company will not be liable for decisions/actions you take or authorize third parties to take on your behalf based on information you receive as a User of the Service or information you otherwise see on our website. This is our disclaimer of legal liability.
3.2. Disclaimer Warranties: Your use of the Service, and the personal information you provide is at your sole discretion and risk. The Service and all materials, information, products and services included therein, are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from the Company.TRADEWRANGLER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, CONTENT AND/OR USER INFORMATION, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TRADEWRANGLER DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED:
REGARDING THE AVAILABILITY, SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF TRADEWRANGLER, CONTENT AND/OR USER INFORMATION; THAT THE SERVICE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; THAT TRADEWRANGLER WILL BE FREE FROM ELECTRONIC VIRUSES; OR REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY TRADEWRANGLER INCLUDING BUT NOT LIMITED TO INFORMATION OBTAINED THROUGH SOCIAL MEDIA.
No advice or information, whether oral or written, obtained by you from the Company or the Service, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
These are the limits of legal liability we may have to you.
3.3 Limitation of Liability:
IN NO EVENT SHALL TRADEWRANGLER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SERVICE OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT TRADEWRANGLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL TRADEWRANGLER'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.
4. Termination: This agreement can end at any time by either party. You may request termination of your User Account at any time and for any reason by sending an email to info@tradewrangler.com. We may terminate or suspend your access to the Service, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use. We may seek to gather information from a user who is suspected of violating these Terms of Use (or from any other user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User information, emails, or other materials that are believed to violate these Terms of Use. Any suspension, termination, or cancellation shall not affect your obligations to the Company under these Terms of Use (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
5. Dispute Resolution: If there is a legal dispute, it will take place in California Courts under California Law.
You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California, U.S.A. excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in San Francisco, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
6. Rules of Conduct: The Company grants you a license to use our website and applications so long as you comply with all our rules. As a User and/or a Client you agree to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements. You agree to provide accurate information to us, whether reported directly or through a third party who you authorize, and keep it updated. You agree to use the services solely for your personal, non-commercial use. You agree to use your real name on your profile and keep your password confidential. You agree to use the Service in a professional manner. You agree NOT to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any content or User information. You agree NOT to upload, email, transmit, provide, or otherwise make available any User information which you do not have the lawful right to use, copy, transmit, display, or make available (including any User information that would violate any confidentiality or fiduciary obligations that you might have with respect to the User information); or any User information that infringes the intellectual property rights of, or violates the privacy rights of, any third-party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); or unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or any personal information that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contain objects or symbols of hate, invade the privacy of any third-party, contain nudity, are deceptive, threatening, abusive, inciting of unlawful action, or are otherwise objectionable in the sole discretion of the Company; or any personal information that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation overloading, flooding, spamming, mail-bombing, or sending a virus to TradeWrangler and its affiliates; or any personal information that includes code that is hidden or otherwise surreptitiously contained within the User information. You agree NOT to use any meta tags or other hidden text or metadata utilizing a TradeWrangler name, trademark, URL or product name. You agree NOT to forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Company or the Service to send altered, deceptive, or false source- identifying information. You agree NOT to interfere with or disrupt (or attempt to interfere with or disrupt) any TradeWrangler web page, server, or network, or the technical delivery systems of TradeWrangler's providers, or disobey any requirements, procedures, policies, or regulations of networks connected to TradeWrangler. You agree NOT to attempt to probe, scan, or test the vulnerability of any TradeWrangler system or network or breach or impair or circumvent any security or authentication measures protecting TradeWrangler. You agree NOT to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Service. You agree NOT to attempt to access, search, or meta-search TradeWrangler or content thereon with any engine, software, tool, agent, device, or mechanism other than software and/or search agents provided by the Service or other generally available third- party web browsers, including without limitation any software that sends queries to TradeWrangler to determine how a website or web page ranks. You agree NOT to violate the terms of service or any other rule or agreement applicable to you or the Company's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service. You agree NOT to collect or store personal information about other users without their express permission. You agree NOT to impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or commit fraud. You agree NOT to solicit any User for any investment or other commercial or promotional transaction. You agree NOT to violate any applicable law, regulation, or ordinance. You agree NOT to scrape or copy information through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work). You agree NOT to use, launch, or permit to be used any automated system, including without limitation "robots," "crawlers," or "spiders"; or copy or use the information, content or data from the Service in connection with a competitor (as determined by TradeWrangler). You agree NOT to monitor TradeWrangler's availability, performance or functionality for any competitive purposes. You agree NOT to use the Company's materials or the Service or content thereon in any manner not permitted by these Terms of Use.
6.1. Copyrighted Materials: No Unauthorized Use. If you become aware of misuse of TradeWrangler or content thereon by any person, please contact the Company to report any abuse. The Company has adopted and implemented a policy that provides for the termination of Accounts of users who infringe the rights of copyright holders. Please see the TradeWrangler Copyright and Intellectual Property Policy for further information.
7. General Terms
7.1. Waiver & Severability: The failure of TradeWrangler to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of the this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the this agreement remain in full force and effect.
7.2. No Right of Survivorship and Non-Transferability: You agree that your account is non-transferable and any rights to your ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
7.3. Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7.4. You agree the only way to provide us legal notice is at the address provided in Section 9.6.
8. International Use: TradeWrangler is only for use in the United States. The Service is only available for use in the United States. We make no representation that the Service is appropriate or available for use outside the United States. Similarly, we make no representations that accessing the Service from locations outside the United States is legal or permissible by local law. If you access TradeWrangler in areas outside of the United States, you do so at your own risk and are yourself responsible for compliance with local laws.
9. Miscellaneous: This Agreement takes priority over previous agreements. This Agreement is the entire agreement between you and the Company with respect to the Service, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company.
9.1. Investment recommendations are made to Clients on an individual basis and may differ based on specific circumstances
9.2. You understand and agree that we act as an investment advisory consultant for Clients and will continue to do so. The Service and our personnel may make recommendations for Clients that may differ from the recommendations we give to you or the action we take on your behalf. Additionally, our personnel may take actions for their own accounts based on their own investment situations that differ from the recommendations we give you or actions we take on your behalf.
9.3. Communication: Any notice or communication will be in writing by email. Any notice or other communication to be given hereunder will be in writing and given by (a) TradeWrangler via email (in each case to the address that you provide), or (b) you via email to info@tradewrangler.com or to such other addresses as the Company may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
9.4. Comments & Suggestions: You may submit feedback by emailing us at info@tradewrangler.com. You agree, however, that (i) by submitting unsolicited ideas to the Company or any of its employees or representatives, by any medium, including but not limited to email, written, or oral communication, you automatically forfeit your right to any intellectual property rights in such ideas; and (ii) such unsolicited ideas automatically become the property of TradeWrangler. You hereby assign and agree to assign all rights, title, and interest you have in such feedback and ideas to the Company together with all intellectual property rights therein. In addition, you warrant that all moral rights in any feedback have been waived, and you do hereby waive any such moral rights.
9.5. Questions: This document constitutes TradeWrangler's complete Terms of Use for the Service. If you have questions about these Terms of Use or about the Service or content thereon, please contact the company at info@tradewrangler.com.
9.6. Contact Information: You may contact TradeWrangler at:
9.6.1. EMAIL: info@tradewrangler.com
9.6.2. PHYSICAL MAIL: 2010 Crow Canyon Place #100, San Ramon, CA 94583
9.6.3. PHONE: 1-888-972-6453 (1-888-WRANGLE)
You agree that these Terms of Use and the rules, restrictions, and policies contained herein, and the Company's enforcement thereof, are not intended to confer and do not confer any rights or remedies on any person other than you and TradeWrangler. These Terms of Use together with the Company's Privacy Policy and Client Agreement (if applicable) constitute the entire agreement between TradeWrangler and you with respect to the subject matter hereof.