Terms and Conditions

Before becoming a subscriber to SMARE Investment Group, LLC and/or Newbie-Trader.com, also known as the “Service”, you must read and agree to the following terms and conditions of use “Terms and Conditions” which govern your use of this Website and your relationship with SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown . If you do not agree to these Terms and Conditions, do not use the Service or Products. We may change the Terms and Conditions from time to time, and at any time, without prior notice to you, by posting such changes on this Website. By using the Service you agree to abide by any modifications to these Terms and Conditions, and you agree to be bound by any such modifications to the Terms and Conditions.

Although we believe this information to be accurate, neither SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown nor its affiliates guarantee the accuracy nor assume any liability. Past performance is not a guarantee of future results. Hypothetical, or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. No assumption should be made that any account will achieve profits or losses the same as shown.

As is true with all information obtained from any given source, you are solely responsible for how you choose to use it. We are NOT making any recommendations to buy and/or sell any stocks, options or futures. 
By signing up for the service you agree to hold SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown harmless for any monetary loss, and/or emotional damage.

Important Information

The information provided on this site is not intended for distribution to, or use by, any person or entity in any authority or country where such distribution or use would be contrary to law or directive or which would subject SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown or its affiliates to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.

By using SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown’s service, including any software and content contained therein, you agree that use of the Service is entirely at your own risk. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown is not a registered investment advisor or a broker dealer. You understand and acknowledge that there is a very high degree of risk involved in trading securities and futures. Past results of any individual trader published on this website are not indicative of future returns by that trader, and are not indicative of future returns which be realized by you. We assume no responsibility or liability for your trading and investment results. The signal tools, indicators, strategies, columns, articles, forums and all other features of SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. The analysts and employees or affiliates of SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown may hold positions in the stocks, futures or industries discussed here. You should not rely solely on the Information in making any investment or trading decision. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding the investments or trades. Factual statements in this web page are made as of the date stated and are subject to change without notice.

By using the Information from SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, or any other service providers.

Disclaimer of Warranty and Limitation of Liability

The information on this site is provided “AS IS”. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this site. Although the information provided to you on this site is obtained or compiled from sources we believe to be dependable, SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown cannot and does not assure the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this site, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of SMARE Investment Group, LLC; Newbie-Trader and/or Matt Brown or of any vendor providing software or services support. In no event will SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, its affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown or any other party have been advised of the possibility thereof.

Third Party Provided Content

Price quotes, charts, news, market update, portfolio tracking, historical and other information on SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown are provided by third-party data providers. Daily updates are subject to market fluctuations and are based on the latest quotes received from third-party data contributors and is subject to a 20-minute delay. Market quotes and certain other information on this Website, as well as reference materials or links to other sites, are for general informational purposes only, and are not intended to be relied upon for transactional purposes. Neither SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

We have no obligation to monitor the Service. You acknowledge and agree, however, that we do retain the right to monitor the Service and, subject to the limitations of the SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown Privacy Policy, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

Use of Links

Should the viewer leave this site via a link contained herein, and view content that is not provided by SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, the viewer does so at its own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, and therefore, is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or punitive. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality of any electronic content.

Failure to Comply With Terms and Conditions and Termination

Subscription to this Service may be terminated at any time, and without cause, by SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown upon notification by telephone, fax or email.

You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe to violate any of these Terms and Conditions, violate the rights of SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, or are otherwise inappropriate for continued access.

You acknowledge and agree that we may, in our sole discretion, deny you access, through SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

You agree to defend, indemnify and hold SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.

Copyright

If you chose to download any information or software from this site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Miscellaneous

The Terms and Conditions and the relationship between you and SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown shall be governed by the laws of the State of South Carolina, without regard to its conflict of law provisions. You and SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown each agrees to submit to the personal and exclusive jurisdiction of the courts located within the state of South Carolina.

The failure of SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Information and opinions presented are not intended for use by investors seeking long-term capital appreciation of their investments. The comments are technical observations only. They are provided as suggested start-points for additional research by investors who are highly sophisticated in the market and are willing and able to risk loss of invested capital.

As is true with all information obtained from any given source, you are solely responsible for how you choose to use it. We are NOT making any recommendations to buy and/or sell any stocks, options or futures. By signing up for the service you agree to hold SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown harmless of any liability for monetary, and/or emotionally loss and/or damage.

There is a risk of loss in trading futures.

Billing Procedures

Except as otherwise noted, subscriptions are renewed automatically at the beginning of each subscription period. By subscribing you agree to have your subscription renewed automatically until you cancel your subscription.

You may cancel at any time, but it is your responsibility to initiate the process via the contact us support desk link on the main website 14 days prior to the next billing cycle. Example:  If you purchased your product on the 22nd of the month and you are on a 30 day billing cycle, your next subscription fee will post on the 21st of the following month.  If you wish to unsubscribe, you need to send a support ticket thru the contact us link on the main website by the 7th of the month in which you wish for your subscription to stop.  Simply state in your notification to cancel your membership and/or recurring billing.  No refunds will be given for any subscription that are billed automatically at the beginning of the subscription period or fall within this cancellation window.  Cancellation is entirely in your hands. SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown has no access to your credit card information and no authority to change your payments we can only cancel your account and recurring billing on your behalf if you submit a support ticket through the contact us section of the main website at www.Newbie-Trader.com/support/  Be sure to include your email account used for the initial purchase in the support ticket request.  This is the only official communication that will result in account cancellation.  Normal email notifications are not guaranteed to result in a subscription cancellation.

If you cancel your subscription to the Ultimate Delta ES, the Ultimate Delta Multi-Market, the Ultimate Fractal Swing Tool, the Live Trading Room and/or Ninja KIS Tool, you will continue to have access to the specified product until the end of the current subscription period. You should not receive any further charges from SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown as long as you unsubscribe at least 14 days prior to the next billing cycle. Your access to the main web site members area will also terminate at the end of the aforementioned subscription period.

All discounted trading room rates and trading room access associated with the Ultimate Delta ES, the Ultimate Delta Multi-Market, the Ultimate Fractal Swing Tool and/or Ninja KIS Tool will also terminate at the end of the terminated billing cycle.  If you wish to continue to have access to the live trading room after your tool subscriptions have expired you will have to open a new trading room subscription account at the full stated price on the main website at Newbie-Trader.com.

Agreement & Refund Policy

The Purchaser (buyer) accepts full responsibility for their own actions as they relate to the purchase of (SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown.) software, services, information, and any recorded or published material. Purchaser hereby holds (SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown ), or any other entity of his harmless of any damages, or liabilities incurred by using such software, information provided, and/or services.

The Purchaser further understands that there is a 30 day refund policy on the initial purchase of the Ultimate Candle ES Indicator, Ultimate Bands Multi-Market Candle Indicators and the Ultimate Fractal Swing Tool Indicators only,  and that there are no refunds and no guarantees of any kind given on any other products than the three previously listed, no refunds on any trials of products or indicators, and no refunds on trading room subscriptions, and no refunds on any 1-on-1 coaching sessions.  Other than the Ultimate Delta ES Indicators, Ultimate Delta Multi-Market Indicators and the Ultimate Fractal Swing Tool Indicators, all other products and services are sold “as is”, without a refund of any kind offered.  The amount refunded will be the initial price less any pre-paid trading room and/or administration fees.   There are no refunds of Administration or Setup Fees.  Purchaser enters into this agreement of their own accord, without coercion of any kind from (SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com; VirtualWealthCoach.com and/or Matt Brown) or any other affiliate of his. Purchaser further holds (SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com; VirtualWealthCoach.com and/or Matt Brown) harmless of any monetary loss, and/or emotional damage that may result from any decision(s)/action(s) Purchaser may make trading, or in the course of otherwise using the products, supplied information, and/or services.

Any Refunds, Credits, Correction to Billing Errors or the like may be made by check from SMARE Investment Group, LLC; Newbie-Trader.com; EminiJunkie.com and/or Matt Brown.  Please allow up to 30 days from credit request to receive any such adjustment via mail.  In the event that any correction or credit is requested via the issuers original credit card and/or Paypal there will be a 15% restocking/processing fee deducted from the initial billing amount.  Example:  If you purchase a product costing $100 and asked for a refund via your credit card, the refund would be $100 – $15 = $85; However, if you requested the same refund via check you would receive the full $100 via check delivered to your billing address on file.

The Purchaser agrees and understands that the 30 day “period” for the refund policy for the Ultimate Delta ES Indicators, Ultimate Delta Multi-Market Indicators and/or the Ultimate Fractal Swing Tool Indicators begins with the initial date of purchase.  The initial date of purchase is defined as the earlier of the (trial start date, subscription start date or tool purchase date – ie the date of which initial member site access was given).  The purchaser also understands that although the trial start date can be used a the initial date of purchase for the 30 day refund period that there are no refunds and no guarantees of any kind given on any trials or trading room subscriptions or products outside of the Ultimate Delta ES Indicators, Ultimate Delta Multi-Market Indicators and/or the Ultimate Fractal Swing Tool Indicators.

The Purchaser has read this agreement, understands, and agrees to all of the above in full.  If any of this agreement is in violation of a sate or federal law, the remainder will remain intact and enforce.

Clicking on the Submit Order Button, Buy Now Button, Subscribe Now or any similarly named button on our web site serves as Purchaser’s signature attesting to Purchaser having read, understanding, and agreeing to this agreement in full.

We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs.

Trading of stocks, and especially options and futures, may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money .If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker.In addition, prior to buying or selling a stock, option, or futures contract, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments…

All Membership Access, Software Sales, E-books, DVDs, Recordings, Electronic Downloads and Subscription Services are final.

Full Risk Disclosure

The following statement is furnished pursuant to Commodity Futures Trading Commission (“CFTC”) Regulation 1.55(c).This brief statement does not disclose all of the risks and other significant aspects of trading in futures, forex and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures, forex and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.

The risk of loss in trading commodity futures contracts and foreign currency can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:

  1. You may sustain a total loss of the funds that you deposit with your broker to establish or maintain a position in the commodity futures market or foreign exchange market, and you may incur losses beyond these amounts. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required by your broker, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.
  2. The funds you deposit with a futures commission merchant for trading futures and forex positions are not protected by insurance in the event of the bankruptcy or insolvency of the futures commission merchant, or in the event your funds are misappropriated.
  3. The funds you deposit with a futures commission merchant for trading futures or forex positions are not protected by the Securities Investor Protection Corporation even if the futures commission merchant is registered with the Securities and Exchange Commission as a broker or dealer.
  4. The funds you deposit with a futures commission merchant are generally not guaranteed or insured by a derivatives clearing organization in the event of the bankruptcy or insolvency of the futures commission merchant, or if the futures commission merchant is otherwise unable to refund your funds. Certain derivatives clearing organizations, however, may have programs that provide limited insurance to customers. You should inquire of your futures commission merchant whether your funds will be insured by a derivatives clearing organization and you should understand the benefits and limitations of such insurance programs.
  5. The funds you deposit with a futures commission merchant are not held by the futures commission merchant in a separate account for your individual benefit. Futures commission merchants commingle the funds received from customers in one or more accounts and you may be exposed to losses incurred by other customers if the futures commission merchant does not have sufficient capital to cover such other customers’ trading losses.
  6. The funds you deposit with a futures commission merchant may be invested by the futures commission merchant in certain types of financial instruments that have been approved by the Commission for the purpose of such investments. Permitted investments are listed in Commission Regulation 1.25 and include: U.S. government securities; municipal securities; money market mutual funds; and certain corporate notes and bonds. The futures commission merchant may retain the interest and other earnings realized from its investment of customer funds. You should be familiar with the types of financial instruments that a futures commission merchant may invest customer funds in.
  7. Futures commission merchants are permitted to deposit customer funds with affiliated entities, such as affiliated banks, securities brokers or dealers, or foreign brokers. You should inquire as to whether your futures commission merchant deposits funds with affiliates and assess whether such deposits by the futures commission merchant with its affiliates increases the risks to your funds.
  8. You should consult your futures commission merchant concerning the nature of the protections available to safeguard funds or property deposited for your account.
  9. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”).
  10. All futures, forex and options positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
  11. The high degree of leverage (gearing) that is often obtainable in futures and forex trading because of the small margin requirements can work against you as well as for you. Leverage (gearing) can lead to large losses as well as gains.
  12. In addition to the risks noted in the paragraphs enumerated above, you should be familiar with the futures commission merchant you select to entrust your funds for trading futures positions. As of July 12, 2014, the Commodity Futures Trading Commission requires each futures commission merchant to make publicly available on its Web site firm specific disclosures and financial information to assist you with your assessment and selection of a futures commission merchant. Information regarding this futures commission merchant may be obtained by visiting the websites of the respective FCM partner of NinjaTrader Brokerage: Dorman Trading ( www.dormantrading.com), Phillip Capital ( www.phillipcapital.com), FXCM (www.fxcm.com)

ALL OF THE POINTS NOTED ABOVE APPLY TO ALL FUTURES AND FOREX TRADING WHETHER FOREIGN OR DOMESTIC. IN ADDITION, IF YOU ARE CONTEMPLATING TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS, YOU SHOULD BE AWARE OF THE FOLLOWING ADDITIONAL RISKS:

  1. Foreign futures transactions involve executing and clearing trades on a foreign exchange. This is the case even if the foreign exchange is formally “linked” to a domestic exchange, whereby a trade executed on one exchange liquidates or establishes a position on the other exchange. No domestic organization regulates the activities of a foreign exchange, including the execution, delivery, and clearing of transactions on such an exchange, and no domestic regulator has the power to compel enforcement of the rules of the foreign exchange or the laws of the foreign country. Moreover, such laws or regulations will vary depending on the foreign country in which the transaction occurs. For these reasons, customers who trade on foreign exchanges may not be afforded certain of the protections which apply to domestic transactions, including the right to use domestic alternative dispute resolution procedures. In particular, funds received from customers to margin foreign futures transactions may not be provided the same protections as funds received to margin futures transactions on domestic exchanges. Before you trade, you should familiarize yourself with the foreign rules which will apply to your particular transaction.
  2. Finally, you should be aware that the price of any foreign futures or option contract and, therefore, the potential profit and loss resulting therefrom, may be affected by any fluctuation in the foreign exchange rate between the time the order is placed and the foreign futures contract is liquidated or the foreign option contract is liquidated or exercised.

THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY AND FOREIGN CURRENCY MARKETS.