OVERVIEW

Welcome to Firebird. Firebird Trading Systems, LLC and/or its affiliates (hereafter “Firebird”), provides a service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://firebirdtradingsystems.com/tos

In addition, when using particular Firebird services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
Firebird provides a website, including all the information, tools, and services available on the site, to our users. By using our website, you agree to be bound by the following Terms of Service (“Terms”), which apply to all users of our site.

Please carefully read these Terms before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By using any part of the site, you agree to be bound by these Terms of Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to our website shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted by FLYWHEEL, which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By using our website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Firebird is not responsible if the information provided on its website is not accurate, complete, or current. The material provided on the website is for general information only and should not be used as the sole basis for making decisions. Users should consult primary, more accurate, more complete, or more timely sources of information before making any decisions. Any reliance on the material provided on the website is at the user’s own risk.

The website may contain historical information that is not current and is provided for reference only. Firebird reserves the right to modify the contents of the website at any time without any obligation to update any information. Users are responsible for monitoring changes to the website.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for products offered by Firebird are subject to change without notice. Firebird reserves the right to modify or discontinue the Service, or any part or content thereof, at any time without notice. Firebird shall not be liable to users or any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the Firebird website. These products or services may have limited quantities and are subject to return or exchange only according to the Return Policy. Firebird has made every effort to display the colors and images of its products as accurately as possible but cannot guarantee that the user’s computer monitor’s display of any color will be accurate.

Firebird reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region, or jurisdiction. Firebird may exercise this right on a case-by-case basis. Firebird reserves the right to limit the quantities of any products or services that it offers. All descriptions of products or product pricing are subject to change at any time without notice at the sole discretion of Firebird. Firebird reserves the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Firebird does not warrant that the quality of any products, services, information, or other material purchased or obtained by the user will meet their expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

Firebird reserves the right to refuse any order placed by a user. Firebird may, at its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If Firebird makes a change to or cancels an order, it may attempt to notify the user by contacting the email and/or billing address/phone number provided at the time the order was made. Firebird reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors.

Users agree to provide current, complete, and accurate purchase and account information for all purchases made at Firebird. Users agree to promptly update their account and other information, including their email address and credit card numbers and expiration dates, so that Firebird can complete transactions and contact them as needed.

For more detail, users should review the Return Policy https://firebirdtradingsystems.com/return-policy/.

SECTION 7 – OPTIONAL TOOLS

Firebird may offer you access to third-party tools. However, we do not monitor or control these tools, nor do we endorse them in any way. We provide them “as is” and “as available” without any warranties, representations, or conditions. We will not be liable for any damages or losses arising from your use of these optional third-party tools. Your use of these tools is entirely at your own risk, and you should review and approve the terms of service provided by the relevant third-party provider(s). Any new services or features offered through the website will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Firebird may include content, products, and services from third-party providers. Third-party links on our site may direct you to websites that are not affiliated with us, and we do not evaluate or examine their content or accuracy. We do not warrant or assume any liability for any third-party materials, products, or services. We will not be responsible for any harm or damages arising from your use of third-party websites or any transactions made in connection with them. You should carefully review the third-party’s policies and practices and ensure that you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If we request certain specific submissions or if you send creative ideas, suggestions, proposals, plans, or other materials, whether online or offline, you agree that we may use them in any medium without restriction. We are not obligated to maintain any comments in confidence, pay compensation for any comments, or respond to any comments. We may, at our discretion, monitor, edit, or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Your comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone else, or mislead us or third-parties as to the origin of any comments. You are solely responsible for the accuracy of your comments. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy. By submitting your information, you acknowledge that you have received, read, and agree with the terms of our Privacy Policy. You consent to be contacted by Firebird, including by auto-dialed telemarketing calls, SMS, and/or emails, regarding our products and services. We may share your information with our affiliates and vendors.

SECTION 11 – TEXT MESSAGING & NOTIFICATIONS

By subscribing to our text messaging service, you agree to receive automated marketing messages and shopping cart reminders at the phone number you provide. Your consent is not a requirement for making purchases. You can unsubscribe from our service at any time by sending STOP, CANCEL, QUIT, END, or UNSUBSCRIBE to any mobile message you receive from us. Standard messaging and data rates may apply. We use cookies to determine if a user has opted-in for text marketing and to detect abandoned carts. If you opt-in for our service, you may receive occasional messages about text alerts, surveys, welcome messages, customer win-backs, text campaigns, giveaways, flash sales, and upsells. If your device does not support MMS, we will send a standard SMS instead, without the image. Carriers (such as AT&T, T-Mobile, Verizon, Sprint, Rogers, and MetroPCS) are not responsible for undelivered or delayed messages.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site or service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information in our service is inaccurate, without prior notice. We are not obligated to update, amend or clarify information in our service, including pricing information, except as required by law. We are not responsible for any modifications or updates in the service or related website.

SECTION 13 – PROHIBITED USES

Our site and service are subject to the following prohibitions, including but not limited to:

(a) Using the site or its content for any unlawful purpose;

(b) Soliciting others to perform or participate in any unlawful acts;

(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;

(d) Infringing upon or violating our intellectual property rights or the intellectual property rights of others;

(e) Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) Submitting false or misleading information;

(g) Uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or related websites;

(h) Collecting or tracking the personal information of others;

(i) Spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) Using the site or its content for any obscene or immoral purpose;

(k) Interfering with or circumventing the security features of the service or any related website;

(l) Gaining unauthorized access to the company’s data or the data of other users;

(m) Altering, modifying, adapting, reverse engineering, decompiling, disassembling, or hacking the company’s intellectual property;

(n) Breaching, or attempting to breach, the website’s security systems;

(o) Enabling third parties to violate the Terms of Use.

We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

SECTION 14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE OR PRODUCTS IS AT YOUR SOLE RISK. THE SERVICE OR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIREBIRD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FIREBIRD MAKES NO WARRANTY THAT (i) THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FIREBIRD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

SECTION 15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FIREBIRD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FIREBIRD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR PRODUCTS; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS.

SECTION 16. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

SECTION 17. SPECIAL ADMONITION FOR PEOPLE RELYING ON THE BUY/SELL TRADING SIGNALS OF OTHERS

The phrase “Let the investor beware” is important to remember. The Service is provided for informational purposes only, and no Content included in the Service is intended to be the sole or primary means of making decisions for trading or investing purposes. Firebird shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

SECTION 18. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

SECTION 19. CONSENT TO ELECTRONIC NOTIFICATION

By using this site, you agree to receive all legal and business notifications through email delivered to the email address for you which we have on record.

SECTION 20. ARBITRATION

In the event of any dispute between you and Firebird, relating to this Agreement, the parties hereto agree that such dispute shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The prevailing party in the arbitration proceeding shall be entitled to recover its expenses, including the costs of the arbitration proceeding and reasonable attorneys’ fees. Arbitration shall be held within the State of South Carolina, Georgetown County, USA, unless the parties agree to an alternative location.

SECTION 21 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Firebird and our subsidiaries, affiliates, officers, agents, partners, directors, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 22 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 23 – TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If, in our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service or we suspect that you have done so, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof) accordingly. The parties’ obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 24 – ENTIRE AGREEMENT

If we fail to enforce any right or provision of these Terms of Service, it does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or rules posted by us on our website or in relation to our service, constitute the entire agreement between you and Firebird, governing your use of our service and superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 25 – GOVERNING LAW

These Terms of Service and any separate agreements that we enter into with you for our service will be governed by and construed in accordance with the laws of the State of South Carolina, United States, without giving effect to any principles of conflicts of law.

SECTION 26 – CHANGES TO TERMS OF SERVICE

You can always find the most current version of our Terms of Service on our website. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically review our website for any changes. Your continued use of our service after we post any modifications to these Terms of Service constitutes your acceptance of those changes.

SECTION 27 – REGULATORY DISCLAIMERS

Author is not registered as a securities broker-dealer or an investment advisor either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities regulatory authority. Author is not licensed to provide investment advice,
U.S. Government required disclaimer-commodity futures trading commission states: futures and options trading has large potential risks and be willing to accept them in order to invest in the futures and options market. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures, stocks or options on the same. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4-41-HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.*CFTC Rule 4.41: 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.

SECTION 28 – CONTACT INFORMATION
If you have any questions or concerns about our Terms & Conditions, please email us at tom@firebirdtradingsystems.com.