Terms and Conditions
Terms of Use & Disclaimer
The Smart Traders
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1) Who we are
The Smart Traders provides educational content, market commentary, tools, and community features intended to help users learn about trading and investing. We are not a broker, investment adviser, or fiduciary, and we do not execute trades.
By accessing or using our website, apps, courses, memberships, communities, you agree to these Terms of Use & Disclaimer. If you do not agree, do not use the Services.
2) Eligibility & Accounts
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You must be at least 18 years old to use the Services.
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If you create an account, you are responsible for maintaining its confidentiality and for all activities under it.
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We may suspend or terminate accounts that violate these Terms.
3) Educational Content – Not Financial Advice
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All content is for educational and informational purposes only and does not constitute financial, investment, legal, accounting, or tax advice.
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Nothing on the Services is a recommendation to buy, sell, or hold any security, cryptocurrency, commodity, derivative, or other instrument.
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You are solely responsible for your trading and investment decisions. Consider consulting a qualified, licensed professional before acting.
4) Market Risk Disclosure
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Trading involves substantial risk and is not suitable for every investor.
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You can lose some or all of your capital.
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Past performance is not indicative of future results.
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Use risk controls (e.g., position sizing, stop-losses) and never trade with money you cannot afford to lose.
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Simulated, hypothetical, or back-tested results have inherent limitations and may not reflect actual future performance.
5) No Performance Guarantees
We do not guarantee profits, outcomes, accuracy, or that any strategy will achieve intended results. Any examples, case studies, or testimonials are illustrative and may not be typical.
6) Tools, Data & Third-Party Links
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Any charts, screeners, indicators, bots, alerts, or data we provide may be delayed, incomplete, or inaccurate. Use at your own risk and verify with your broker or a primary source.
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The Services may link to third-party sites or products. We do not control or endorse them and are not responsible for their content, policies, or actions.
7) Community & Acceptable Use
You agree not to:
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Post or transmit unlawful, harassing, defamatory, fraudulent, or infringing content.
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Share proprietary course materials, downloads, or member-only content outside your account.
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Use scraping, bots, or other automated means without our prior written consent.
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Impersonate others or misrepresent your affiliation.
We may remove content or terminate access for violations.
8) Intellectual Property
All content, courses, videos, text, graphics, logos, icons, code, and other materials on the Services are owned by or licensed to The Smart Traders and protected by intellectual-property laws. You receive a limited, non-exclusive, non-transferable license to access the Services for personal, non-commercial use. Any reproduction, distribution, modification, or public display requires our prior written consent.
9) Payments, Subscriptions & Refunds
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Some features are paid (e.g., memberships, courses, downloads, coaching). By purchasing, you authorize us (and our payment processor) to charge your chosen payment method.
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Subscriptions renew automatically at the then-current rate until canceled. You can cancel any time via your account settings; cancelations apply to future billing periods.
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Refunds: Digital products and memberships are typically non-refundable once accessed, except where required by law or where a specific guarantee is clearly stated on the purchase page.
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You are responsible for any applicable taxes, currency conversion fees, or bank charges.
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10) Results, Testimonials & Endorsements
User reviews or testimonials reflect individual experiences and are not guarantees. Some users may receive complimentary access or affiliate consideration; where relevant we aim to disclose this.
11) Affiliate Disclosure
We may receive commissions when you purchase third-party products or services via our links. This does not affect our opinions or reviews, but you should independently evaluate whether any product meets your needs.
12) No Client Relationship
Use of the Services does not create an adviser–client, broker–client, or fiduciary relationship between you and The Smart Traders.
13) Limitation of Liability
To the maximum extent permitted by law, The Smart Traders and its owners, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits; trading losses; data loss; or business interruption arising from or related to your use of the Services, even if advised of the possibility of such damages. Our total aggregate liability for any claim will not exceed the amount you paid to us for the Services giving rise to the claim in the three (3) months preceding the event.
14) Indemnification
You agree to indemnify, defend, and hold harmless The Smart Traders and its personnel from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
15) Privacy
We handle personal information in accordance with applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial laws where applicable. By using the Services, you consent to our collection, use, disclosure, and retention of personal information as described in our Privacy Policy.
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You may request access to or correction of your personal information.
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We may store or process data outside Canada; foreign authorities may access it under applicable laws.
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We comply with Canada’s Anti-Spam Legislation (CASL); by subscribing, you consent to receive commercial electronic messages from us. You can withdraw consent at any time via our unsubscribe links or by contacting support.
16) Changes to the Services & Terms
We may modify or discontinue any part of the Services at any time. We may update these Terms from time to time. Continued use after changes constitutes acceptance of the updated Terms.
17) Compliance & Jurisdiction
You are responsible for complying with the laws of your jurisdiction when using the Services, including any restrictions on trading, marketing, or financial promotions.
Securities / registration notice (Canada):
The Smart Traders provides educational content only and is not registered as a dealer or adviser with any Canadian provincial/territorial securities regulator. We do not provide personalized investment advice or recommendations. Nothing on the Services constitutes an offer or solicitation to buy or sell securities or derivatives in any jurisdiction.
Governing law & venue:
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflicts-of-law principles. You agree to the exclusive jurisdiction and venue of the courts located in Toronto, Ontario, Canada for all disputes arising out of or relating to the Services or these Terms.
18) Severability & Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. These Terms, together with any posted policies (e.g., Privacy Policy), constitute the entire agreement between you and us regarding the Services and supersede prior communications.
Quick-Read Risk & Education Disclaimer
The Smart Traders provides educational content only. We do not provide financial advice or make recommendations. Trading involves substantial risk and may result in the loss of your entire investment. Past performance does not guarantee future results. Hypothetical or simulated results have limitations. Always do your own research and consult a licensed professional before making financial decisions.
