Terms Of Service
Terms of Service of 2ndskiestrading.com
By using any of our Services (even just browsing one of our websites), you’re agreeing to the following Terms and Conditions. If you don’t agree with the Terms, you should not use our website and Services.
These Terms and Conditions of Service and Use of 2ndskiestrading.com (the “Terms of Service”) are hereby made effective as of December 20, 2020 and last updated July 23, 2024 by 2nd Skies Trading (“2ndskiestrading.com” or “2ndSkiesTrading” or “2nd Skies Trading” or “2nd Skies” or “we” or “us” or “our”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of 2ndSkiesForex.com, hereby amend and restate any such prior terms and conditions.
- 2ndskiestrading.com, DBA Gamma Level Trading Corporation LTD (hereinafter referred to as “2nd Skies” or “2nd Skies Trading” or “2ndskiestrading.com”) and all related content, materials and services (collectively, the “Site”) is an online resource related to the trading of stocks, currencies, cryptocurrency, commodities and other financial instrument investments. It provides its users and members educational material, interactive chat rooms, investment and research tools and simulators, and materials and resources for use by customers and members in connection with their trading activities.
- In consideration of each member or customer’s (each, a “customer” or “you”) access to and use of the Site, we require every members and customer to act with integrity, to our rules for the Site, and to abide by these Terms and Conditions and each other rule, regulation or other policy of 2nd Skies Trading.
You agree to read these Terms and Conditions carefully and retain them for future reference. You understand, acknowledge and agree that these Terms and Conditions govern all aspects of my use of the Site and the products and services of 2nd Skies Trading. By using or accessing the Site and/or becoming a paying member, you acknowledge that you have received, read and understood these Terms and Conditions and the Privacy Policy of 2nd Skies Trading. If you are unwilling to be bound by these Terms and Conditions, you will not use or access the site(s) and/or become a paying member.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USING THE SITE AND/OR BECOMING A PAYING MEMBER IS THE LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS AND CONDITIONS, AND THAT YOU WILL BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS.
General Terms
- By using or accessing the Site and/or becoming a paying member, you thereby agree, (a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof, (b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of 2nd Skies Trading, as each may be amended or supplemented from time to time in our sole discretion without notice, and (c) that your use of the Site shall comply with all applicable federal, state and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Site. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing the Site.
- Additionally, and without limiting the foregoing, by using or accessing the Site, you represent and warrant to us that you: (a) are eighteen (18) years of age or older, (b) are not currently restricted from using the Site, or not otherwise prohibited from having an account with us, (c) are not a competitor of 2nd Skies Trading, or engaged in any business or activity, directly or indirectly, that could be competitive with the business or activities of 2nd Skies Trading, and are not using the Site for any reason that may be in competition with the Site or any other product or service offered by 2nd Skies Trading, (d) have full power and authority to enter into and perform these Terms and Conditions, and doing so will not violate any other agreement to which you are a party, (e) will not violate any rights of 2nd Skies Trading, including, without limitation, intellectual property rights such as patent, copyright or trademark rights, and (f) agree to provide, operate and maintain, at your sole risk, cost and expense, all equipment, software, and internet access necessary to use the Site.
- Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- That the content, materials, services and other intellectual property contained or embodied in the Site are owned by 2nd Skies Trading and are protected by patent, copyright, trademark and other similar laws;
- Not to promote, offer for sale or sell any product or service, including, without limitation, any financial or investment product, security or service, or any contest or promotion;
- Not to transmit, send or otherwise post unauthorized commercial communications (such as spam), or other similar materials or advertisements, using the Site;
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any person;
- Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by 2nd Skies Trading in its sole discretion;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations promulgated by the U.S. Securities and Exchange Commission, and/or rules of any national or other securities exchange and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
- Not to post or make any defamatory, disparaging or false statements, claims or allegations related to the Site, 2nd Skies Trading, or any other product or service of 2nd Skies Trading;
- Not to make your account or any portion thereof or the services provided thereby available to the general public or any portion thereof;
- Not to issue chargeback disputes against 2nd Skies Trading.
- Not to use patented, copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
- Not to copy, distribute or disseminate the Site or any portion thereof, and not to transfer the Site, or any portion thereof, to another person or “mirror” the Site, or any portion thereof, on any other server;
- Not to decompile or reverse engineer, or attempt to decompile or reverse engineer, the Site or any portion thereof; and
- Not to take any other action that could result in any damage or disruption to the Site, or that could otherwise result in any liability, damages, costs or expenses on the part of 2nd Skies Trading.
- Not to share personal information with members, or request personal information from members.
- All content, materials and services related to the Site shall be solely used for, and you hereby agree to solely use it for, your own personal use in connection with your trading activities, and for no other use.
- Violating any of the aforementioned will result in immediate removal from 2nd Skies Trading and forfeits your right to request a refund.
Ownership; Limited License
- By becoming a customer of 2nd Skies Trading and using the Site, 2nd Skies Trading hereby grants to you a limited revocable license to use the Site, and its content, materials and services, solely for your personal use and for the purposes set forth on the Site, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by 2nd Skies Trading in connection with the Site, which may be amended by 2nd Skies Trading at any time in its sole discretion and without notice. Such limited revocable license is freely revocable and terminable by 2nd Skies Trading at any time, without cause and at the sole discretion of 2nd Skies Trading. Without limiting the foregoing, this limited revocable license shall automatically be revoked and terminated upon any violation of these Terms and Conditions or any other rule, regulation or policy of 2nd Skies Trading. Upon revocation or termination of this limited revocable license, you shall, and hereby agree to, destroy any materials (electronic or otherwise) related to the Site that remain in your possession or control, and acknowledge that after such revocation or termination 2nd Skies Trading may deny your access to the Site and any other 2nd Skies Trading content, materials or services in its sole discretion. Any personal information of a user whose limited revocable license is revoked or terminated by 2nd Skies Trading will be preserved or disposed of in accordance with the terms of the Privacy Policy of 2nd Skies Trading. Any information you submit to 2nd Skies Trading is at your own risk of loss, and 2nd Skies Trading assumes no liability or responsibility therefore.
- 2nd Skies Trading reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other right, title and interest in and to the Site, the products and services of 2nd Skies Trading, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof. You acknowledge and agree that the Site, the products and services of 2nd Skies Trading, and all related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, is owned by 2nd Skies Trading, and is protected by copyright, trademark and other intellectual property laws. You further acknowledge and agree that the Site, the products and services of 2nd Skies Trading, and related content, materials, services, and other documents, information or items, including any copies or derivative works thereof, contains certain proprietary data and information of 2nd Skies Trading, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use.
- Additionally, you grant 2nd Skies Trading an exclusive, irrevocable, worldwide, perpetual, unlimited, freely assignable and sublicenseable, fully paid up and royalty-free right to use, copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze and commercialize, in any way now known or in the future discovered, any information, content, ideas, concepts, techniques, data or suggestions submitted to the Site for the purpose of improving or modifying the Site, or any content, materials or services, or for the purpose of creating or developing new content, materials, services or product related to, arising from or ancillary or similar to the Site, without any further consent, notice and/or compensation to you or to any third parties.
Consent to Utilize Audio, Video and Photography from Live Events
- 2nd Skies Trading may host in-person events from time to time. These events may be recorded and photographed for marketing and/or the production of educational content. By attending 2nd Skies Trading events, you agree to allow 2nd Skies Trading to utilize audio, video, and photographs that you may appear in.
Violation; Termination of Account
- 2nd Skies Trading reserves the right to investigate violations of any of these Terms and Conditions or any other policies of 2nd Skies Trading or the Site, or any other violations of any state, federal or local law, rule or regulation, and to pursue any remedy available to 2nd Skies Trading whether at law, in equity or otherwise. You hereby acknowledge and agree that 2nd Skies Trading may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of 2nd Skies Trading or the Site, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that 2nd Skies Trading has no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through the Site, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that 2nd Skies Trading may, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the subscription, membership or account (collectively, your “account”) of any user, that violates these Terms and Conditions or otherwise posts, submits, or disseminates content that 2nd Skies Trading finds, in its sole discretion, to be objectionable.
- You acknowledge and agree that 2nd Skies Trading may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. 2nd Skies Trading may refuse, in its sole discretion, to permit any use of the Site, and may refuse to permit any person to access or use the Site or your account for any reason at any time.
Purchases and Refunds
- Through the Site, 2nd Skies Trading offers both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
- When purchasing subscription, membership or other periodic fee-based services on the Site, a valid credit card will be required for billing purposes. You hereby consent to, acknowledge and allow 2nd Skies Trading to store (or cause a third party to store on behalf of 2nd Skies Trading) such payment information and agree to the following policies and procedures for payment of subscription, membership or other periodic fees related to the Site.
- Immediately upon signing up for an account or other periodic fee-based services on the Site, the fees associated with the first period or term of your selected account or service (monthly, quarterly, annual, as applicable) will be charged to such credit card. Within ten (10) business days prior to the expiration of the initially selected period or term, and each subsequent such period or term until your account or other periodic service is cancelled in accordance with these Terms and Conditions, the fees associated with your selected account or service for the following applicable period or term will be automatically renewed, and an amount for your renewed account or service will be billed and charged to such credit card by 2nd Skies Trading in accordance with the Site’s then-current pricing schedule. If the credit card associated with your account or service should expire, terminate or any payment is otherwise rejected by the issuing company, 2nd Skies Trading may immediately terminate your account or service. It is solely your responsibility to ensure (1) that valid credit card information remains on file for your account or service and the automatic renewal thereof, and (2) that a valid email address remains on file for your account or service for any communications from 2nd Skies Trading related thereto.
- All payments made to 2nd Skies Trading in connection with any product purchased or account or service, and any renewal thereof, are non-refundable; and 2nd Skies Trading does not offer, and is not required to provide, any refunds or credits for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal. There is no circumstance in which you will be entitled to, or 2nd Skies Trading is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
- All fees charged by 2nd Skies Trading in connection with any product purchased or account or service of the Site are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the Site.
Modifications to the Site and Pricing
- 2nd Skies Trading reserves the right to, and you acknowledge and agree that 2nd Skies Trading may, modify the Site, including without limitation the content, materials and services offered thereby, and the fees, costs and pricing associated with the Site at any time and without notice. Without limiting the generality of the foregoing, 2nd Skies Trading reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part or portion thereof), support or services without notice. Any new features that augment or enhance the then-current version of the Site, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in 2nd Skies Trading’s sole discretion, to a price increase. 2nd Skies Trading shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of the Site.
- Without limiting the foregoing, 2nd Skies Trading may use email notices or similar methods to alert you to certain modifications to the Site or the pricing associated therewith. Alternatively, notice may consist of an email from 2nd Skies Trading or the Site to an email address associated with your account or service, even if we have other contact information. You also agree that 2nd Skies Trading may communicate with you through any available means including email, mobile number, telephone, or delivery services about your account or service or any products or services associated with the Site. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Site or pricing.
Cancellations
- Your account or service may be cancelled, subject to the terms hereof, at any time; provided that, as set forth above, no refunds will be issued if your account or other periodic fee-based service is cancelled prior to the end of the applicable period or term. To cancel, email us directly via support@2ndskiesforex.com.
- When you want to cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking on the user icon in the Member Dashboard, and then clicking on “Manage Subscriptions” from the resulting dropdown menu, or (ii) by requesting such cancellation in writing by email to support@2ndskiesforex.com, which cancellation request must receive a confirmation of receipt from 2nd Skies Trading and which cancellation will be processed by 2nd Skies Trading in accordance with its timelines and procedures for email cancellations. Cancellation requests by telephone, facsimile or other means of communication cannot, and will not, be accepted, honored or effective. The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Site and the forfeiture and relinquishment of all content and information within or related to your account or service. No data, content or information can be recovered once your account or service is cancelled. 2nd Skies Trading may retain data, content or information from your account after cancellation in backup and/or archival copies of the Site and related databases, but such copies, if any, will not be available to you.
Disclaimers
- Testimonials Disclaimer
- In accordance with 16 CFR Part 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:
- Endorsements, testimonials or descriptions of past performance from other customers or members are based upon their individual experiences and results with the Site, and the products and services of 2nd Skies Trading. These results and performances are not typical, and you should not expect to achieve the same or similar results or performance, and your results and performance are likely to vary or differ materially. The endorsements, testimonials or descriptions of past performance are individual experiences, reflecting real life experiences of customers or members, and are not representative of the results and performances of all customers and members.
- Endorsements, testimonials or descriptions of past performance appearing on the Site were received through text, audio or video submission from customers or members. The endorsements, testimonials or descriptions of past performance (text, audio and/or video) are verbatim except for correction of grammatical or typing errors and editing for length. In other words, not the whole message received by the customer or member may be displayed, when it seemed lengthy or not all content seemed relevant for the general public. No endorsements, testimonials or descriptions of customers or members that appear on the Site involved payment or compensation therefor.
- Chris Capre, Sascha Gogolin or any other 2nd Skies Trading staff member’s experience with trading is not typical, nor is the experience of individuals featured in testimonials. They are experienced traders. Becoming an experienced trader takes hard work, dedication and a significant amount of time.
- We do not track the typical results of our current or past students. As a provider of educational courses, we do not have access to the personal trading accounts or brokerage statements of our customers. Available research data suggests that most day traders are not profitable.
- Third Party Websites
- The Site, and other products and services of 2nd Skies Trading, may contain links to other websites or applications. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. 2nd Skies Trading has not reviewed all of the sites linked to or from the Site, or other products and services of 2nd Skies Trading, and is not responsible for the content of any such linked website. We do not exercise control over third party websites. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of 2nd Skies Trading, nor do we make any representation or warranties, express or implied, with respect to any such website, any content of such websites, or any products or services offered by any such websites, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.
- Limitations of Liability
- WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, 2ND SKIES TRADING, AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, SHALL NOT BE LIABLE TO YOU, UNDER ANY LEGAL OR EQUITABLE THEORY, FOR (A) ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES AND BUSINESS, ARISING OUT OF, UNDER OR RELATING TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF 2ND SKIES TRADING, OR (B) ANY DAMAGES OF ANY KIND ARISING OUT OF, UNDER OR RELATING TO THE SITE OR OTHERWISE RELATED TO OR ARISING FROM THE PRODUCTS OR SERVICES OF 2ND SKIES TRADING, IN EXCESS OF THREE TIMES THE MOST RECENT ANNUAL FEE PAID BY YOU IN CONNECTION WITH THE SITE, IF ANY, OR $250, WHICHEVER AMOUNT IS GREATER.
- THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, AND SHALL NOT APPLY TO ANY DAMAGE TO YOU INTENTIONALLY CAUSED BY 2ND SKIES TRADING IN VIOLATION OF THESE TERMS AND CONDITIONS OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED BY THESE TERMS AND CONDITIONS.
- Indemnification
- You shall, and hereby agree to, indemnify and hold harmless, 2nd Skies Trading, and its officers, directors, shareholders, employees, agents and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to your (i) breach of a representation or warranty contained in these Terms and Conditions, (ii) breach of, or failure to comply with, any term contained in these Terms and Conditions, (iii) use of the Site or any products or services of 2nd Skies Trading, or (iv) use of, access to or other activity engaged in, on, through, related to or in connection with the Site.
- Privacy and Personal Information
- 2nd Skies Trading shall have the right to use and disclose any information provided by you through the Site, or other products or services of 2nd Skies Trading (including but not limited to information provided through e-mail) or made available through your use of the Site, for any lawful purpose, unless you indicate otherwise in accordance with the policies and procedures therefor of 2nd Skies Trading. In no event shall you be entitled to any compensation for the use of any of such information. Please see the Privacy Policy for further details.
- Modifications
- 2nd Skies Trading reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions and the Privacy Policy.
- 2nd Skies Trading may make changes to the Site, and the other products and services of 2nd Skies Trading, at any time without notice. 2nd Skies Trading does not, however, make any commitment to update the Site, and the other products and services of 2nd Skies Trading.
- Governing Law
- Any claim under these Terms and Conditions or otherwise related to the Site or 2nd Skies Trading shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Nevada. You agree to submit to the personal jurisdiction of the courts located within Nevada, or another location of 2nd Skies Trading’s choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that 2nd Skies Trading shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to the provision of services or materials by 2nd Skies Trading, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration.
- The Site, and the other products and services of 2nd Skies Trading, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use the Site, and the other products and services of 2nd Skies Trading, from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. 2nd Skies Trading reserves the right to limit the availability of the Site, and any other products or services of 2nd Skies Trading, to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion.
- Severability
- If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision 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 of these Terms and Conditions will not be affected in any way.
- Entire Agreement
- You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the Site and the products and services of 2nd Skies Trading, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and Conditions. The provisions of these Terms and Conditions shall survive any termination thereof indefinitely.
- Waivers
- Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
- Questions?
Questions about these Terms and Conditions should be addressed to web@2ndskiesforex.com. Questions about billing should be addressed to support@2ndskiesforex.com. - IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THE SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.