Member Agreement

Last modified: June 19, 2021

DISCLAIMER: The BANC Trade Alerts website (www.banctradealerts.com) is designed to help investors and those interested in investing obtain information concerning stocks and exchange-traded funds (ETFs).  IF YOU DO NOT AGREE WITH THE TERMS OF THIS DISCLAIMER, EXIT THIS SITE IMMEDIATELY.  PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE INFORMATION PROVIDED HEREIN SHALL INDICATE YOUR CONSENT TO AND AGREEMENT WITH THESE TERMS.

BANC TRADE ALERTS DOES NOT PROVIDE INDIVIDUAL INVESTMENT ADVICE.  We provide information in the form of “Buy” and “Sell” alerts (“Alerts”) that we believe to be accurate and that constitutes our opinion as to the subject matter covered in the Alert.  We are not an investment advisor and we are not licensed as such (or in any other capacity) by the U.S. Securities and Exchange Commission (SEC) or any other federal or state regulatory authority.  All information provided by BANC Trade Alerts is only to be construed as opinion and is to be used as an information service only.

BANC TRADE ALERTS PERSONNEL ACTIVELY TRADE IN STOCKS, INCLUDING IN ALERTED SECURITIES. BANC Trade Alerts is a company comprised of investors and as such, those responsible for publishing Alerts and other information on this site actively trade in the stocks and ETFs mentioned by the Service. In most cases, due to the way the Service operates, the managers and/or other personnel of BANC Trade Alerts will have already bought or sold the stock or ETF covered by an Alert. 

YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS. BANC Trade Alerts will not be responsible for any errors or omissions in any information on our website, or on any hyperlinked sites, or for any results obtained from the use of such information. BANC Trade Alerts will not be liable for any loss or damage caused by a reader’s reliance on information obtained on our website, or from a hyperlinked site. If you don’t accept this responsibility for yourself, then you should not use BANC Trade Alerts. 

BANC TRADE ALERTS MAKES NO REPRESENTATION THAT YOU WILL PROFIT FROM ANY TRADES MADE BASED ON INFORMATION WE PROVIDE.  Furthermore, in no event shall BANC Trade Alerts be liable for direct, indirect, or incidental damages resulting from the use of the information found on, linked or distributed through our website. BANC Trade Alerts shall be indemnified and held harmless from any actions, claims, proceedings, or liabilities with respect to the information we provide and its use.

IF YOU CHOOSE NOT TO DO INDEPENDENT RESEARCH, THAT’S ENTIRELY YOUR DECISION. We strongly suggest you do your own research of industries, companies, and stocks, and not rely solely on information, Alerts or other opinions found in our site or in a hyperlinked site.  You should use this site and others as just a part of your independent research on companies and on investing in general.  Choosing not to do such research is a conscious, willing, free and personal decision on your part and an acceptance of the risk involved in such decision. It’s also most likely a mistake. You should also strongly consider seeking the advice of a duly licensed, professional investment advisor. 

WE CANNOT GUARANTEE RELIABILITY OF THIRD-PARTY DATA AND ANALYSIS.  We obtain data from various sources that we believe to be reliable, such as finance.yahoo.com and finance.google.com.  We cannot however, guarantee that such data is always accurate or that it will be accurate in the future. Accordingly, BANC Trade Alerts makes no claims or representations as to the accuracy, completeness, or truth of any material or information contained in our website. BANC Trade Alerts is not liable for any errors or delays in the content or transmission of the data on our site.

RISK DISCLOSURE

BANC Trade Alerts will not be liable for any investment decision you make, or action you take based upon reliance on any Alert, other opinion or other material you view on our website. Your subscription fee only pays for you to access the Service subscribed for. As noted above, this site only expresses our opinion on the investments described herein and in Alerts. Our opinion may and will be wrong at times due to the inherent limitations of technical analysis. Technical analysis is not a science that predicts precise and accurate results. Technical analysis cannot be used with any degree of accuracy to predict or forecast the unknown factors that make up the short-term volatility, trends and the future direction of the stock market or of any individual stocks or ETFs. The information on the site should not be relied upon for purposes of transacting in stocks or other investments. We cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. The stocks and related actions mentioned on our site or in Alerts may be unsuitable for investors depending on their specific investment objectives and financial position. There is a substantial amount of risk in trading stocks, and the possibility exists that you can lose all or a portion of your capital. There is a substantial amount of risk if you use our opinions expressed on this site or in any Alerts to buy and sell stocks. 

WE MAY PUBLISH THE RESULTS OF SIMULATED OR HYPOTHETICAL TRADES OR ACCOUNTS.  To the extent we do so the following specific disclaimer applies to such results: These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.  Past performance is never indicative of future results. 

TESTIMONIALS DISCLAIMER

In accordance with 16 CFR 255 and Federal Trade Commission Guidelines concerning use of endorsements and testimonials in marketing and advertising, please be aware of the following:

Testimonials appearing on this site are received via text, audio or video submission. They are individual experiences, reflecting real life experiences of those who have used our services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that consumers will generally achieve, nor can we make any guarantees for the results of individuals using the Service.  The testimonials are not necessarily representative of all of those who will use our products and/or services.  The testimonials are not indicative of future performance and should not replace a subscriber’s due diligence.

The testimonials displayed (text, audio and/or video) are given verbatim except for correction of grammatical or typing errors. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.

Testimonials that appear on BANC Trade Alerts were not paid or compensated for said statements.

CHECK OUT OTHER VALUABLE INFORMATION SOURCES. Among them, the SEC and other regulatory authorities, including the Financial Industry Regulatory Authority (FINRA) and the North American Securities Administrators Association (NASAA) maintain websites that include valuable information on numerous subjects including cyberfraud, online stock trading and other relevant topics. See, http://www.sec.gov, http://www.finra.org, and http://www.nasaa.org respectively.

TERMS OF SERVICE: Welcome to BANC Trade Alerts Buy/Sell Alert Service (the “Service”). This page sets forth the special Terms and Conditions by which BANC Trade Alerts provides you with access to the Service (the “Terms”). By subscribing to and using the Service you are agreeing to abide by these Terms INCLUDING THE BINDING ARBITRATION AND CLASS ACTION WAIVER DETAILED BELOW.

Buy/Sell Alert Service

The Service provides recommendations for buying and selling stock in publicly-traded companies and exchange-traded funds (“ETFs”), as well as suggesting a percent allocation of total portfolio value for each “Buy” or Sell” alert (each, an “Alert”). The Service is restricted in its recommendations to publicly-traded securities including stocks and ETFs. You will also receive weekly newsletters and Alert summaries. From time to time, we may remove, add to or change the features, offerings and specific services included in your Service membership but we will provide you with advance notice via email of any material changes.

All services and features provided included with the Service are provided “AS IS.” BANC Trade Alerts assumes no responsibility for the timeliness or delivery of any content or the functionality or suitability of the Service.

Not Investment Advice

BANC Trade Alerts does not offer personalized investment advice. The Alerts and information provided by the Service do not constitute a recommendation that a particular security, strategy or action is suitable for you or any specific person for that matter.  No information on the site is intended as investment advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement or recommendation of any company, security, or fund.

Trading Disclosure

BANC Trade Alerts personnel actively trade in stocks, including in alerted securities. BANC Trade Alerts is a company comprised of investors and as such, those responsible for publishing Alerts and other information on this site actively trade in the stocks and ETFs mentioned by the Service. In most cases, due to the way the Service operates, the managers and/or other personnel of BANC Trade Alerts will have already bought or sold the stock or ETF covered by an Alert. 

Disclaimer of Warranties and Liabilities

By using the Service, you agree that BANC Trade Alerts, its directors, officers, managers, members, employees, agents and representatives will not be liable for any investment decision made or action taken by you and others based upon reliance on any information we publish. Please remember that past results are not necessarily indicative of future performance.

Under no circumstances will BANC Trade Alerts, its directors, officers, managers, members, employees, agents or representatives be liable for direct, indirect, incidental, or any other type of damages resulting from your use of any information material on our site, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by things beyond our control in creating or delivering the Service or any other products or services. This disclaimer of liability does not apply in any state where it may be contrary to applicable law.

ALL INFORMATION PROVIDED OR MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS.” BANC TRADE ALERTS HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. WITH RESPECT TO OUR WEBSITE, OUR SERVICES, ANY CONTENT, TOOLS, OR PRODUCTS, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY AND COMPLETENESS OF ITS CONTENT.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third-party content providers will be limited to the greatest extent permitted by law.

The Service Is Intended for U.S. Residents Only

This website and the Service is aimed at and published for individuals residing in the United States. BANC Trade Alerts makes no representation that the materials provided herein, and actions recommended by the Service are appropriate for users outside the United States or permitted under the laws of other jurisdictions. If you choose to access or use the Service from a location other than the United States, you do so at your own initiative and risk, and you bear full responsibility for compliance with any applicable local laws. 

Changes

These Terms govern your use and access to the website and all our Services. We may change these Terms at any time, but we will post a notice on this website of any material changes. Your continued use of the Service means that you accept any new or modified terms and conditions. Be sure to review these Terms periodically to ensure familiarity with the most current version.

In addition, we may also change any subscription fees or charges for use of the Service; provided, however, no such changes shall affect any pre-paid subscriptions or the monthly subscription charges you pay until the next billing date.  You will receive written notice via email or on the website of any such changes at least thirty (30) days prior to the effective date of the change.  Your continued use of the Service after such 30 days will be deemed to be acceptance of such changes.

Registration

If you subscribe to the Service, you will be asked to create a password, which you’ll need to access the Service. As a registered subscriber, you can update your account settings, including your email address (which serves as your user name), by logging into your account. There, you can also change your password at any time. Also, if you forget your password, you can go to this page for help.

When subscribing to the Service, you will need to provide us with your name, email address, phone number and billing address, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.

You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, BANC Trade Alerts reserves the right to cancel or suspend your subscription.

We reserve the right to refuse or discontinue the supply of a Service to any user at any time at our sole discretion.

Unless stated otherwise, membership to the Service is for online and/or electronic access only. Certain promotions may offer features that are issued in physical form. Shipping of any goods or service associated with these promotions is limited to the U.S./APO. Physical fulfillment of goods or services not specifically mentioned in a promotion is at the sole discretion of BANC Trade Alerts.

Our Services generally deliver their content via email and/or text message including Alerts and newsletters and other subscriber communications. There is no opt-out choice available for these emails (unless you cancel your subscription).

Automatic Billing and Cancellation Policy

Subscriptions are month-to-month unless otherwise specified in an offer.  Your membership will automatically be billed and your credit card charged at the then-current rate, until you cancel your subscription by notifying us of your decision to cancel in advance of the next billing date. If you terminate, you will still have access to the Service for the remainder of your paid subscription term (until the next billing date). In some cases, subscribers will have the option to pay for 12 months in advance in exchange for a discounted monthly rate.  .BY NOT CANCELING YOUR SERVICE, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE ON THE NEXT BILLING DATE. Accordingly, you agree that your subscription fee (monthly or annual) will be billed automatically each billing date at the then-current rate (plus sales tax, if applicable) to the credit card on file with us.

BANC Trade Alerts reserves the right to increase Service fees or institute new charges upon reasonable notice. Service fees are due in advance of Service activation. There are no refunds, but you may cancel at any time prior to the next billing date to avoid being charged.  If your credit card is expired or otherwise is unable to be billed, your Service may be suspended at our discretion until you provide a valid credit card.

Occasionally, BANC Trade Alerts may provide a free trial or reduced rate introductory offer to the Service. If such an offer is provided, only one person per household is allowed to subscribe at any given point in time. In addition, there is a limit of one trial per person and household in any given 12-month period. When signing up under an introductory offer, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don’t cancel your subscription within the trial offer period, we will charge the credit card you provided during the sign-up process at the end of the promotional period.

In order to cancel your subscription you must notify us at http://www.banctradealerts.com or by email to BANCTradeAlerts@gmail.com. Notices of cancellation must be received prior to the next billing date to avoid being charged.

Transfer

You cannot transfer your subscription to someone else, except through bequeathment or by a court order. In the event a subscription is transferred, it will continue through the end of its term and can be renewed at the then-current price and conditions. For assistance in this situation, please contact BANCTradeAlerts@gmail.com.

Conduct on Subscriber Forums

BANC Trade Alerts operates a private Discord server where paid subscribers may interact and post their own messages.  BANC Trade Alerts requires only that all forum postings and interaction are done in a lawful and civil manner.  Accordingly, you agree to use BANC Trade Alerts forum area for lawful purposes only.

PLEASE READ: The opinions, beliefs and viewpoints expressed by the forum participants are not those of BANC Trade Alerts and do not reflect the opinions, beliefs and viewpoints of BANC Trade Alerts.  BANC Trade Alerts is not in any way responsible for the content posted by subscribers or other participants in the subscriber forums.  The subscriber forums are not moderated or otherwise monitored by BANC Trade Alerts, except that we will investigate reports of improper conduct when they are brought to our attention.  You should never trade or make any investments decisions based on information posted on the subscriber forums.  If you do, you do so entirely at your own risk.  BANC Trade Alerts is not in any way liable for any content posted in the subscriber forums. 

Forum Rules: You may not use the subscriber forums, or allow others to use your Service subscription, to:

  • Post or transmit or link to any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, sexually explicit, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person;
  • Post or transmit any material that you don’t have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
  • Redistribute any alerts generated by BANC Trade Alerts on any other platforms, Discords, and/or other means;
  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post or transmit any advertising, promotional materials, or other forms of solicitation, including (but not limited to) chain letters and pyramid schemes;
  • Violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission, any state securities regulatory agencies and the national or other securities exchanges (especially and including any rules against making false or misleading statements to manipulate the price of any security);
  • Offer, sell, or buy any security;
  • Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone’s computer;
  • Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
  • Use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites; or
  • Take any action that damages or disrupts the functioning of our systems or Services.

Unauthorized access of our site is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites.  BANC Trade Alerts may at any time, without prior notice and at our sole discretion, remove any post, terminate any subscription, or take any action for violating the above provisions. In the event we terminate your subscription on such basis, you will not be entitled to a refund of any amounts paid.

You are responsible for statements made and actions taken through the use of your username and password, so please maintain the confidentiality of your password. You agree to immediately notify BANC Trade Alerts at BANCTradeAlerts@gmail.com of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.

If you see something that you feel is a violation of the above rules, please notify us immediately at BANCTradeAlerts@gmail.com.

Additional and Third-Party Terms of Use

Please note that certain individual Services or products may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual Service will control with respect to the Service in question. So please be sure to review any additional terms and conditions with respect to any specific Service before subscribing.

Intellectual Property

All of the Content on our website and any Service we provide is protected by U.S. and international copyright laws and is the property of BANC Trade Alerts and/or third-party providers of the Content under license with BANC Trade Alerts. By “Content” we mean any information including, but not limited to any Alerts or other recommendations, newsletters, mode of expression, or other materials and services found on BANC Trade Alerts. This includes software, written information, graphics, videos, and any and all other features.

You may make one copy of the Content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: “Copyright 2021 (or whatever the current year is) BANC Trade Alerts. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is strictly prohibited without BANC Trade Alerts’s prior written permission. This means you may not sell, auction, transfer, give away or barter your subscription or any Content.

You also may not republish, post, transmit, or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets, or anywhere else without our signed written consent. You further agree not to create abstracts from or scrape our Content, for use on another website or service (including our own personal forums and blogs). In short, you may not post our Content anywhere else online.

Please note that to the extent you post or publish any content that you author on our site or deliver same to us, including but not limited to any testimonials, forum posts, feedback or survey responses, you hereby grant us an unlimited license to use it. Specifically, by posting content, you agree that BANC Trade Alerts has an irrevocable, perpetual, and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense, and promote anything you post on our website or otherwise communicate to us. This includes the rights to syndicate and make derivative works out of your content. We won’t republish your posts in advertising without your express permission.

You agree not to display any of BANC Trade Alerts’s trademarks or use them in any manner without our express written permission.

Financial Advisors and Related Persons May Not Subscribe

If you are an investment professional or financial advisor or if you are related in any way to an investment professional or financial advisor you may not be a subscriber to the Service.  If you would like BANC Trade Alerts to provide any services for use by your client accounts, you will need a contractual agreement with BANC Trade Alerts. Contact us at BANCTradeAlerts@gmail.com to request our licensing agreement. Broker checks with FINRA will be performed on all subscribers. If BANC Trade Alerts determines that this policy is broken in any way, your subscription to our Service will be promptly revoked and you will not be refunded.

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold BANC Trade Alerts, its employees, members, officers, agents and representatives harmless from and against any and all claims, damages, losses, expenses (including reasonable attorney fees), or other expenses that arise directly, indirectly, consequently, or incidentally, from your use of the Service. Your sole remedy for dissatisfaction with the Service and/or content contained within the Service is to stop using the Service.

Applicable Law

You agree that these Terms and any dispute arising out of your use of BANC Trade Alerts website, the Service or other products or services provided by BANC Trade Alerts will be governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions.

Dispute Resolution by Binding Arbitration and Class Action Waiver

If a dispute arises in connection with your use of our Services or in relation to any of these Terms (collectively, “Disputes”) our hope is that we can resolve the matter informally. Accordingly, in the event of a Dispute, we agree to first contact each other via email with a description of the Dispute and any proposed resolution. You must email BANCTradeAlerts@gmail.comwith your concern and BANC Trade Alerts will contact you via the email address we have on file for you.

If a Dispute cannot be resolved informally, we each agree that except as provided below, the Dispute will be submitted to final and binding arbitration before a panel of three arbitrators of the American Arbitration Association (“AAA”) in Orlando, Florida. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Each party will pay half of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

EXCEPTIONS: Notwithstanding the foregoing, the following will not be subject to arbitration and may be adjudicated only in the state courts of Brevard County, Florida or the federal courts of the Middle District of Florida: (i) any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You may also file an individual action in a small claims court in lieu of arbitration.

Private Privacy: Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.