PLEASE READ THESE TERMS OF USE CAREFULLY.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE
Effective Date: October 1, 2016
To review material modifications and their effective dates scroll to the bottom of the page.
1. Parties. The parties to these Terms of Use are you, and the owner of this
cobratrading.com website business, Cobra Trading, Inc. (“Cobra”). All references to “we”, “us”,
“our”, this “website” or this “site” shall be construed to mean this website business and Cobra.
2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may
use the public areas of this site, but only for your own internal purposes. You agree not to
access (or attempt to access) this site by any means other than through the interface we
provide, unless you have been specifically allowed to do so in a separate agreement. You agree
not to access (or attempt to access) this site through any automated means (including use of
scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt
file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or
distribute the site, its services or content; (ii) modify or make derivative works based on the site,
its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other
server or Internet-enabled device. All rights not expressly granted in this Agreement are
reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without
prior notice, by posting an amended Terms of Use that is always accessible through the Terms
of Use link on this site’s home page. You should scroll to the bottom of this page periodically to
review material modifications and their effective dates. YOUR CONTINUED USE OF THIS
SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE
ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR
NEW TERMS OF USE.
4. Monitoring. We reserve the right, but not the obligation, to monitor your access and use
of this site without notification to you. We may record or log your use in a manner as set out in
our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.
5. Separate Agreements. You may acquire products, services and/or content from this site.
We reserve the right to require that you agree to separate agreements as a condition of your
use and/or purchase of such products, services and/or content.
6. Ownership. The material provided on this site is protected by law, including, but not
limited to, United States copyright law and international treaties. The copyrights and other
intellectual property in the content of this site is owned by us and/or others. Except for the
limited rights granted herein, all other rights are reserved.
7. Warranty Disclaimers. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE
WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR
PRODUCTS ON THIS SITE ARE PROVIDED “ASIS”, AND NEITHER WE NOR ANY OF OUR
LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH
PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY
SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE
AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS
SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS,
SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS,
TIMELINESS, CORRECTNESS, NONINFRINGEMENT, OR FITNESS FOR ANY
PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE
SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION
WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. This site and the information provided herein is for informational
purposes only, and no investment, tax, legal, insurance advice is intended or given. Nothing on
this site should be construed to be (i) an offer to sell or a solicitation to purchase a security, or
(ii) a recommendation regarding any security. Information in videos, articles, and blog posts on
this site that discuss specific securities is general in nature, is not tailored to the investment
needs of any particular person, and should not be relied upon without independent verification.
Information in videos, articles, and blog posts on this site may affect the market prices of the
securities discussed. Investment decisions are subject to certain risk factors that may not be
discussed completely, or at all, on this site. All investing involves risk. The value of your
investment will fluctuate over time and you may gain or lose money. We believe that any
performance data provided on this site is provided from sources we deem to be reliable;
however, we do not guarantee the accuracy or completeness of any such data and make no
assurances with respect to results to be obtained from their use. You should verify any such
data through your own sources. Your Investment decisions and strategies should be determined
solely by you in the exercise of your own judgment based on your unique investment objectives
and financial circumstances. Carefully consider the investment objectives, risks, charges and
expenses of any investment company before investing. A prospectus contains this and other
important information. If you need professional advice, you should consult your own
professional advisors.
We do not independently verify, nor do we seek independent verification of comments and
statements that may be posted by others in blog or social media posts on this site or affiliated
social media sites regarding our website, its products or services. For this reason, if others post
“success story” or “best-case” scenario testimonials (as distinguished from subjective opinions),
you should assume that their results are NOT typical.
Market volatility, volume, and system availability may delay account access and trade
executions.
All trademarks, service marks, trade names, trade dress, product names and logos appearing
on the site are the property of their respective owners. Any rights not expressly granted herein
are reserved.
. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO
PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY
NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES
OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE
LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND
(INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC
ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS
PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR
OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create
a hyperlink to this site provided that the link does not portray us or our products or services in a
false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or
tradename that may be displayed on this site or other proprietary graphic image in the link
without our prior written consent.
10. Links to Third Party Websites. We do not review or control third party websites that link
to or from this site, and we are not responsible for their content, and do not represent that their
content is accurate or appropriate. Your use of any third party site is on your own initiative and
at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
11. Participation In Promotions of Advertisers. You may enter into correspondence with or
participate in promotions of advertisers promoting their products, services or content on this site.
Any such correspondence or participation, including the delivery of and the payment for
products, services or content, are solely between you and each such advertiser.
12. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges
for services, products, content, or information, pricing information will be posted as part of the
ordering process for this site. We maintain specific contact information including an email
address for notifications of complaints and for inquiries regarding pricing policies in accordance
with California Civil Code Section 1789.3. All correspondence should be addressed to our
agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Cobra Trading, Inc.
4800 Hedgcoxe Rd
Plano, TX, 75024-2403
Contact: compliance.officer-at-cobratrading.com
Telephone:972-491-7999
You may contact us with complaints and inquiries regarding pricing and we will investigate those
matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814,
or by telephone at 1-916-445-1254.
13. Arbitration. Except for actions to protect intellectual property rights and to enforce an
arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to
this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration
under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be
one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in
accordance with AAA rules. The arbitration shall take place in Dallas, Texas USA, and may be
conducted by telephone or online. The arbitrator shall apply the laws of the State of Texas, USA
to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and
shall not be consolidated in any arbitration with any claim or controversy of any other party. The
findings of the arbitrator shall be final and binding on the parties, and may be entered in any
court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall
be governed by the United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Should either party file an action contrary to this provision, the other party may
recover attorney’s fees and costs up to $1000.00.
14. Jurisdiction And Venue. The courts of Dallas County in the State of Texas, USA and the
nearest U.S. District Court in the State of Texas shall be the exclusive jurisdiction and venue for
all legal proceedings that are not arbitrated under these Terms of Use.
15. Controlling Law. This Agreement shall be construed under the laws of the State of
Texas, USA, excluding rules regarding conflicts of law. The application the United Nations
Convention of Contracts for the International Sale of Goods is expressly excluded.
16. Intended For Use Only Within The United States. This site is intended for use only from
within the United States. We do not represent that this site is appropriate for use elsewhere.
Access to this site from locations where its contents are illegal is not authorized.
17. Onward Transfer of Personal Information Outside Your Country of Residence. Any
personal information which we may collect on this site will be stored and processed in our
servers located only in the United States. If you reside outside the United States, you consent
to the transfer of personal information outside your country of residence to the United States.
18. Severability. If any provision of these terms is declared invalid or unenforceable, such
provision shall be deemed modified to the extent necessary and possible to render it valid and
enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any
other provision of these terms, and these terms shall continue in full force and effect, and be
construed and enforced, as if such provision had not been included, or had been modified as
above provided, as the case may be.
19. Force Majeure. We shall not be liable for damages for any delay or failure of delivery
arising out of causes beyond our reasonable control and without our fault or negligence,
including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars,
embargoes, Internet disruptions, hacker attacks, or communications failures.
20. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site.
Our Privacy Policy is always accessible on our site’s home page.
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Material Modifications Since October 1, 2016: none.