Terms and Conditions

Whispertrades Terms and Conditions

These Terms govern the use of Whispertrades, and, any other related Agreement or legal relationship with Whispertrades in a legally binding way.

As a User of Whispertrades, please review this document carefully.

Whispertrades is provided by:

Whispertrades, LLC

2131 Woodruff Road, Suite 2100 #350, Greenville, SC 29607

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using Whispertrades. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. Your access and use of Whispertrades constitutes your agreement with all Terms and Conditions herein.

Conditions for account registration

Registration of User accounts on Whispertrades is subject to the conditions outlined below. By registering, Users agree to meet such conditions.

  • User must qualify as non-professional.
  • User is at least 18 years of age.
  • Unless otherwise specified, each User must register only one account.
  • Unless explicitly permitted, a User account may not be shared with other persons.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by Whispertrades.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform Whispertrades via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account termination

Users can terminate their account and stop using the Service at any time by directly contacting Whispertrades at the contact details provided in this document.

Account suspension and deletion

Whispertrades reserves the right to suspend or terminate the User's account at any time and without notice, at Whispertrades's sole discretion, in these cases:

  • User has violated these Terms; and/or
  • User's access or use of Whispertrades may cause injury to Whispertrades, other Users or third parties; and/or
  • The use of Whispertrades by the User may cause violation of law or regulations; and/or
  • In case of an investigation by legal action or governmental involvement; and/or
  • The account or its use is deemed to be, at Whispertrades’s sole discretion inappropriate or offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on Whispertrades

Unless where otherwise specified or clearly recognizable, all content available on Whispertrades is owned or provided by Whispertrades or its licensors.

Whispertrades undertakes its utmost effort to ensure that the content provided on Whispertrades infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are asked to report related complaints using the contact details provided in this document.

Rights regarding content on Whispertrades - All rights reserved

Whispertrades holds and reserves all intellectual property rights for any such content. Users may not use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on Whispertrades, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Whispertrades, the User may download, copy and/or share some content available through Whispertrades for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by Whispertrades are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Acceptable use

Whispertrades and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Whispertrades and/or the Service violates no applicable law, regulations or third-party rights. Whispertrades reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to Whispertrades or the Service, terminating contracts, reporting any misconduct performed through Whispertrades or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct restrictions

  • concealing their identity or stealing someone else's identity or pretend to be or represent a third-party, if not allowed to do so by such third-party;
  • probing, scanning or testing the vulnerability of Whispertrades, including the services or any network connected to the website, nor breaching the security or authentication measures on Whispertrades, including the services or any network connected to Whispertrades;
  • installing, embedding, uploading or otherwise incorporating any malware into or via Whispertrades;
  • using Whispertrades or the technical infrastructure in an abusive, excessive or otherwise inappropriate way;
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on Whispertrades or the Service;

Excessive use of the Service

  • using a resource of Whispertrades excessively in relation to other Users of Whispertrades – in such cases, Whispertrades, at its sole discretion, additionally reserves the right to suspend the User’s account or limit the related activity until the User reduces the excessive consumption;

User protection

  • misappropriating any account in use by another User;
  • harvesting or collecting any personally identifying information of other Users including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on Whispertrades or by any other means;
  • using any information relating to other Users, including personal or contact data, for purposes other than those Whispertrades is intended for;

Commercial use restrictions

  • registering or using Whispertrades in order to promote, sell or advertise products or services of any kind in any way;
  • indicating or trying to imply in any manner, that a User stands in a qualified relationship with Whispertrades or that Whispertrades has endorsed the User, the User’s products or services or any third party's products and services for any purpose;

TERMS AND CONDITIONS OF SALE

Paid Services

Some of the Services provided on Whispertrades are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Services are described below and in the dedicated sections of Whispertrades.

To purchase Services, the User must register or log into Whispertrades. Prices, descriptions or availability of Services are outlined in the respective sections of Whispertrades and are subject to change without notice.

While Services on Whispertrades are presented with the greatest accuracy technically possible, representation on Whispertrades through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Service.

The characteristics of the chosen Service will be outlined during the purchasing process.

Purchasing Process

The purchasing process determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

In case the purchased Service requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of Whispertrades.

Payment Processing

All payments are independently processed through third-party services. Therefore, Whispertrades does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, Whispertrades shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

Except when required by law, paid Service fees are non-refundable.

INVESTMENT DISCLAIMER

The information provided by Whispertrades is for general information purposes only. No information, materials, services and other content provided on this website constitute solicitation, recommendation, endorsement or any financial, investment, or other advice. Seek independent professional consultation in the form of legal, financial, and fiscal advice before making any investment decision.

Past performance may not be indicative of future results. Different types of investments involve varying degrees of risk, and there can be no assurance that the future performance of any specific investment, investment strategy, or product made reference to directly or indirectly on this website, will be profitable, equal any corresponding indicated historical performance level(s), or be suitable for your portfolio. Due to various factors, including changing market conditions, the content may no longer be reflective of current opinions or positions.

PERSONAL RESPONSIBILITY AND FINANCIAL RISK

You acknowledge that your use of Whispertrades is personal, voluntarily, and you are solely responsible for your own use, proper or improper, of our Service. You assume full responsibility of your use of our Service. Financial loss from options trading can be substantial. It is your responsibility as a user of our service to understand risks associated with option trading. Do not invest money that you cannot afford to lose. You acknowledge that losses from option trading can total more than your original investment.

BROKERAGE ACCOUNT CONNECTION

You acknowledge that your use of Whispertrades requires a direct connection from Whispertrades to your existing, and personal, brokerage account. Whispertrades has entered a mutual agreement with your personal broker to access your brokerage account via the broker's API and pass the use of this API onto you through the Whispertrades service. This service is granted permission to execute actions such as, but not limited to, buy and sell financial instruments, retrieve account balance and position information, and retrieve financial market information from your brokerage account. Whispertrades makes no representations or warranties about the security or accuracy of broker's API or data. Whispertrades is in no way affiliated with the brokerage through which you connect.

DISCLAIMER OF WARRANTIES

Whispertrades is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, Whispertrades expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Whispertrades, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service. Whispertrades does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Whispertrades shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services. The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Whispertrades cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall Whispertrades, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of Whispertrades’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Whispertrades, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Whispertrades hereunder in the preceding 12 months, or the period of duration of this agreement between Whispertrades and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Indemnification

The User agrees to defend, indemnify and hold Whispertrades and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver
Whispertrades’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption
To ensure the best possible service level, Whispertrades reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, Whispertrades may also decide to suspend or terminate the Service altogether. If the Service is terminated, Whispertrades will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside Whispertrades’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of Whispertrades and of its Service without Whispertrades’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of Whispertrades.

Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Whispertrades are the exclusive property of Whispertrades or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Whispertrades are, and remain, the exclusive property of Whispertrades or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms
Whispertrades reserves the right to amend or otherwise modify these Terms at any time. In such cases, Whispertrades will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Governing law
These Terms shall be governed and construed in accordance with the laws of South Carolina without regard to its conflict of law provisions.

Dispute resolution
Users may bring any disputes to Whispertrades who will try to resolve them amicably. Whispertrades will process the complaint without undue delay and within 14 days of receiving it.

In the event that a dispute cannot be solved amicably, the dispute is to be settled by binding arbitration. The arbitration shall be conducted in the state of South Carolina or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all decisions. An award of arbitration may be confirmed in a court of competent jurisdiction.

Contact

If you have any questions about the Terms, please contact us:

By email or by visiting this page on our website: https://whispertrades.com/contact.

Mail should be directed to:

Whispertrades, LLC

2131 Woodruff Road

Suite 2100 #350

Greenville, SC 29607

ACKNOWLEDGEMENT

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.