Trading Tribe Personal Growth Seminar

advertisement
Trading Tribe Personal Growth Seminar
Disclaimer
As and for further consideration for my enrollment as a participant in Trading Tribe educational
seminars for personal growth, I hereby agree to waive any claims and hold harmless Ed
Seykota and all seminar participants to the full extent the law allows for any and all tortuous
conduct which may arise in or from the seminars. Such tortuous conduct includes, but is not
necessarily limited to slander, libel, trade libel, invasion of privacy, personal injury and
negligence of all kinds, including but not limited to: negligent misrepresentations, negligent
infliction of emotional distress, negligent interference with contract, negligent interference with
prospective economic advantage, and professional malpractice.
I understand that the free flow of information, thoughts, opinions and advice which may be
expressed in the seminars by the participants do not necessarily reflect those of Ed Seykota.
Reference to any specific commercial products, processes or services by trade name,
trademark, manufacturer, or otherwise does not necessarily constitute of imply its
endorsement, recommendation or favoring by Ed Seykota. Nor shall any information or
statements made in the seminar be used for advertising or to imply an endorsement or
recommendation.
With respect to any documents referenced in the seminars, neither Ed Seykota nor any of the
participants make any warranty, express of implied, including but not limited to the warranties
of merchantability and fitness for a particular purpose. Further, neither Ed Seykota nor any of
the participants assumes any legal liability or responsibility for the accuracy, completeness or
usefulness of any information, apparatus, product or process disclosed; nor do they represent
that its use would not infringe privately owned rights.
Neither Ed Seykota nor any of the participants are licensed psychiatrists, psychologists, or any
other kind of professionally licensed psychotherapists. Any participants who may be in need of
professional psychotherapy diagnosis, counseling or treatment hereby expressly acknowledges
that he or she should seek such services form a duly licensed professional. It is further
understood that the information, ideas, and opinions which may be imparted to the seminar
participants are no substitute for professional psychotherapy diagnoses, counseling or
treatment. Further, any information disclosed by any participant is not privileged in any
manner from further dissemination and is exempt from psychotherapist-patient confidential
communication privilege.
LIMITATION OF LIABILITY.
IN NO EVENT WILL ED SEYKOTA, HIS AFFILIATES,
CONTRACTORS, AND/OR OTHER WORKSHOP PARTICIPANTS (COLLECTIVELY, THE “SEYKOTA
GROUP”) BE LIABLE FOR ANY LOST PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM
THE SEMINAR, THESE TERMS, YOUR USE OF ANY INFORMATION FROM THE SEMINAR AND/OR
ANY TRANSACTION BETWEEN OR AMONG MEMBERS OF THE ED SEYKOTA GROUP, EVEN IF
WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH
OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5)
NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH
EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE
DISSATISFIED WITH THE SEMINAR, YOU DO NOT AGREE WITH ANY PART OF THIS
AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANOTHER
SEMINAR PARTICIPANT OR ED SEYKOTA WITH RESPECT TO THESE TERMS OR THE SITE,
THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO QUIT THE SEMINAR. IN ALL
EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE SEYKOTA GROUP, TO
Trading Tribe Personal Growth Seminar
Page 1
YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION
WITH THE SEMINAR IS LIMITED TO $100.00 IN THE AGGREGATE.
INDEMNITY. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE ANY MEMBER OF
THE SEYKOTA GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND
AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR PARTICIPATION IN THE SEMINAR
(INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN MEMBERS OF THE SEYKOTA
GROUP REGARDING ANY TRANSACTION), ANY INFORMATION CONVEYED BY YOU IN THE
SEMINAR OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS,
WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING, WITHOUT LIMITATION,
ATTORNEYS' FEES AND COSTS.
YOU SHALL COOPERATE AS FULLY AS REASONABLY
REQUIRED IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN
EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE
SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY
MATTER WITHOUT OUR WRITTEN CONSENT.
CHOICE OF LAW AND FORUM. ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER
ARE PERFORMABLE AND/OR SOLD IN THE STATE OF NEVADA, UNITED STATES OF AMERICA,
AND YOU IRREVOCABLY AGREE THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN
CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED
IN WASHOE COUNTY, NEVADA WHICH WILL BE THE VENUE OF ANY LEGAL DISPUTE. YOU
ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS
OF THE STATE OF NEVADA.
These terms constitute the entire agreement between us and you with respect to the subject
matter hereof. We may immediately terminate any person’s access to or participation in the
seminar due to such person’s breach of these Terms or other unauthorized conduct. Any
cause of action you may have hereunder or with respect to the seminar must be commenced
within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce
any right or provision of these Terms shall not constitute a waiver of any such right or
provision. If for any reason a court of competent jurisdiction finds any provision of these
Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of these Terms, and the remainder of
these Terms shall continue in full force and effect.
Read, understood and agreed to, on Friday, April 24, 2008 at Reno, Nevada.
Signature of Seminar Participant
Trading Tribe Personal Growth Seminar
Page 2
Download