This agreement details the arrangements and understandings in place as part of the services to be provided by daytradingpsychology.com and Kenneth Reid. For the purposes of this agreement, the “product” refers to the daytradingpsychology.com website, downloadable content and all services supplied by daytradingpsychology.com and Kenneth Reid.
1. The lessons and Mp3 products associated with the Winning Trader Mindset Training Course modules may be emotionally activating for some individuals. Some of Kenneth Reid’s products and programs induce mild altered states of consciousness, like hypnosis. Because altered states of awareness are involved, you should not use Kenneth Reid’s products when driving, using machinery or doing anything which requires your attention.
2. You, the customer, understand that the downloadable products are for educational purposes only and are not psychological treatment of any sort. Therefore, if you think you have or may have a psychological disorder of any kind then you agree to seek appropriate professional advice and only use Kenneth Reid’s products with the consent and guidance of your doctor or therapist.
3. Do not use any product or service provided by daytradingpsychology.com if you are currently under the care of a licensed therapist or mental health professional. If you are under such care, you must notify the mental health professional and not use the product until it has been approved by your mental health practitioner.
4. You, the customer, agree not to listen to any audio products if you suffer from epilepsy, psychological problems, any other nervous or psychiatric condition or while driving or operating machinery. The products provided are not a substitute for proper psychological advice or treatment. If in doubt, you agree to consult with your doctor or licensed medical practitioner before using any daytradingpsychology.com product.
5. You, the customer, confirm that you do not have reason to suspect that you currently have or may have clinical depression and/or any other psychological illness. You also affirm that if you have ever been diagnosed with clinical depression and/or any other psychological disorder, that you fully recovered at least two years before the purchase of the Winning Trader Mindset course and that you have obtained your doctor’s approval to listen to the training course and that you do so with informed consent.
6. Please note that information, products and services provided by daytradingpsychology.com are generic and not a substitute for individualized psychological advice or treatment and cannot replace the advice or treatment of your psychological practitioner. Kenneth Reid accepts no liability for your use of daytradingpsychology.com and for the information contained on this website and the Winning Trader Mindset training course.
7. Kenneth Reid is not a financial advisor and does not offer financial advice. You, the customer, attest that you are of sound mind and judgment and acknowledge that every trading and investing decision you make and their resulting outcomes are solely your responsibility and you understand and accept that daytradingpsychology.com and Kenneth Reid are not liable or responsible in anyway whatsoever for your trading results.
8. You acknowledge that no representation or implication is being made that using the information on the daytradingpsychology.com website or its downloads will generate profits or ensure freedom from losses. You understand there is no guarantee of a positive result in your trading and all products and services are sold as-is, with no guarantee.
9. You acknowledge that as you have not received any personalized psychological advice from Kenneth Reid. Kenneth Reid is not liable for the suitability of the products and /or the information provided as part of his services to your particular circumstances and for any consequences thereof, and you acknowledge that usage of any of these products and services is at your own risk. Furthermore, no guarantee is being given of any outcome as a result of your use of any of these products and/ or services.
10. Kenneth Reid and daytradingpsychology.com will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these terms and conditions for any:
1) Economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
2) Loss of goodwill or reputation; or
3) Special or indirect losses, or
4) Other losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
11. Notwithstanding the above, Kenneth Reid’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to $1.00 or a sum equal to the amount paid or payable by you for the product(s) and/or services in respect of one incident or series of incidents attributable to the same cause, whichever is the greater.
12. Paragraph 11 does not affect your statutory rights as a consumer.
13. You agree to hold blameless Kenneth Reid and daytradingpsychology.com, his products and/or services. You agree to indemnify Kenneth Reid for all fees, legal fees and costs which may arise out of your breach of these terms and conditions.
(a) This agreement is subject to U.S. law and jurisdiction.
(b) These terms and conditions represent the complete agreement between you and Kenneth Reid and regulate all of your use of any and all of Kenneth Reid’s goods and services (including, but not limited to: website(s), training courses, coaching sessions, articles, podcasts, CD’s, downloads and books) and these terms and conditions replace any previous agreements made between you and Kenneth Reid.
(c) You may not assign my rights under these terms and conditions.
(e) If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
(f) No delay or failure by Kenneth Reid to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of Kenneth Reid
(g) This Agreement is governed by the laws of the State of New Mexico USA, and the New Mexico laws which apply therein. Any controversy, dispute, or dissent arising out of this Agreement shall be settled amicably in good faith first; any disputes which cannot be amicably resolved between the parties shall be settled by binding arbitration in Santa Fe, NM. The decision of arbitration shall be final. Enforcement of the award may be requested by either party through application to any court having jurisdiction.
14. Information provided by Kenneth Reid’s books, printed course manuals, products, courses , websites and podcasts is for informational and / or entertainment purposes only. Information provided in Kenneth Reid’s books, printed manuals, courses, websites, products and podcasts does not constitute professional training in hypnosis, hypnotherapy, counseling, NLP, coaching, psychotherapy or other form of therapy; business, personal, spiritual, or career advice, nor should any information in Kenneth Reid’s audio products and / or emails and / or published books and / or printed manuals and / or websites and / or podcasts be taken to mean that you are being advised to act or not act in any specific way by Kenneth Reid.
15. daytradingpsychology.com and Kenneth Reid reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions
16. You acknowledge that you have read, understood and AGREE TO these terms and conditions.