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Whispertrades Terms of Service

These Terms of Service govern your use of the website located at https://whispertrades.com and any related services provided by Whispertrades, LLC.

By accessing https://whispertrades.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Whispertrades.

Your use of Whispertrades services is subject to the attached Risk Disclosure.

We reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on March 22, 2024.

Conditions for Account Registration

Registration of a user account on Whispertrades is subject to the conditions below. By creating an account, you agree to meet the following conditions:

  • You must qualify as a non-professional as described in the next section
  • You are at least 18 years of age
  • You may not share your account with another person
  • Unless explicitly permitted, you must register only one account

Non-Professional Use Only

By accepting these Terms of Service, you represent and warrant that you are a “Non-Professional” as defined by Options Price Reporting Authority (OPRA).

You represent and agree that the following statements are and will continue to be true for so long as you use Whispertrades as a non-professional:

You are either a “natural person” (an individual human being). You are not a corporation, partnership, limited liability company, or other form of entity (including any form of trust that does not qualify as a qualifying trust).

You shall use Whispertrades solely in connection with your personal investment activities and the personal investment activities of your immediate family members and qualifying trusts of which you are the trustee or custodian.

You are not a “Professional.” For a natural person who works in the United States, a “Professional” is a natural person who is: (i) registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange/association, or any commodities/futures contract market/association, (ii) engaged as an “investment adviser,” as that term is defined in the Investment Advisers Act of 1940 (whether or not registered or qualified under that Act); or (iii) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require you to be so registered or qualified if you were to perform such functions for an organization not so exempt. For a natural person who works outside of the United States, a “Professional” is a natural person who performs the same functions as someone who would be considered a “Professional” in the United States.

You agree to notify Whispertrades promptly if your circumstances change such that any of the statements above would no longer be true for you.

Investment Disclaimer

The information provided on 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 and voluntary, 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. Some of this data is securely stored on Whispertrades servers to meet service needs. 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.

Whispertrades does not suggest, recommend, or make trading or investment decisions for you. Whispertrades does not fill or execute orders for securities or options. Whispertrades sends order requests to your connected brokerage account for your brokerage firm to execute.

Limitations of Use

By using this website, you warrant on behalf of yourself and other parties that you will not:

  1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
  2. remove any copyright or other proprietary notations from any materials and software on this website;
  3. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Whispertrades provides;
  4. install or embed malware into the Whispertrades platform;
  5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
  6. use this website or its associated services in violation of any applicable laws or regulations;
  7. use this website in conjunction with sending unauthorized advertising or spam;
  8. harvest, collect, or gather user data without the user’s consent; or
  9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
  10. use this website or service to promote or sell products or services in any manner;
  11. indicate or suggest that Whispertrades or any official representative endorses you or is in a qualified relationship with you, personally or professionally;

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Whispertrades, LLC and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Whispertrades at any time.

Disclaimer of Warranty

You acknowledge and agree that our services are provided for use "as is", without any warranties of accuracy, reliability, likely-result, merchantability, fitness for a particular purpose, non-infringement, compatibility, security, or being up-to-date. Any usage of the service is at your sole and exclusive risk. To the maximum extent permitted by law, we expressly disclaim any and all warranties, conditions, representations, and guarantees with respect to the service, the accuracy, reliability, adequacy, or completeness of the service, or any other material provided by any link to another website or service, whether express or implied, arising by law, custom, prior oral or written statements, or otherwise, including without limitation, any warranty of merchantability, likely-result, fitness for a particular purpose or non-infringement. No representation or other affirmation of fact, including without limitation, statements regarding capacity, suitability for use, or performance of the service whether made by our employees or otherwise, which is not contained in the terms, will be deemed to be a warranty by us for any purpose, or give rise to any liability of us whatsoever.

We will make efforts to run the service efficiently and accessible at all times. However, the service's operation is dependent upon various factors such as software, hardware, and communication networks. By their nature, these factors are not fault free. We do not warrant that the service will operate in an uninterrupted or error-free manner, or that the service will always be available, free from all harmful components, or that at all times the service will completely safe, and secured from unauthorized access to our computers, immune from damages, free of malfunctions, bugs or failures, including but not limited to, hardware failures, software failures and software communication failures, originating either in us or any other service provider. Such incidents will not be considered as a breach of the Terms.

Limitation of Liability

In no event shall Whispertrades or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Whispertrades or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Fair Use

We provide our facilities with the assumption your use will be “business as usual”, as per our offerings. If your use is considered to be excessive, your access to our website and services may be revoked.

We are opposed to all forms of abuse, discrimination, rights infringement, and/or any action that harms or disadvantages any group, individual, or resource. We expect our customers to likewise engage our services with similar intent.

Customer Accountability

We regard our customers as being responsible for their own actions when using our services. This responsibility also applies to anyone using our services on an unauthorized basis as a result of the customer’s failure to put in place reasonable security measures. It is your responsibility to secure your email address and password and immediately inform Whispertrades if your login information is compromised.

If a customer — or anyone using our services as a result of the customer — violates our Terms of Service, we reserve the right to terminate any access associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate, without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from any violation of our Terms of Service.

Unethical, Exploitative, and Malicious Activity

Our service must not be used for the purpose of advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this Terms of Service or the Terms of other service providers. This includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.

Our service must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorized to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).

Our service must not be used for the purpose of intentionally or recklessly introducing viruses or malicious code into our systems.

Our service must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate-speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.

Other activities considered unethical, exploitative, and malicious include:

  1. Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
  2. Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
  3. The unauthorized access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users, by any means or device;
  4. Using our facilities to interfere with the use of our facilities and network by other customers or authorized individuals;
  5. Any act or omission in violation of consumer protection laws and regulations;
  6. Any violation of a person’s privacy.

Unauthorized Use of Whispertrades, LLC Property

We prohibit the impersonation of Whispertrades, LLC, the representation of a significant business relationship with Whispertrades, LLC, or ownership of any Whispertrades, LLC property (including our service and brand) for the purpose of fraudulently gaining service, custom, patronage, or user trust.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Whispertrades does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Paid Services

Some access or services provided by Whispertrades are provided on the basis of payment. Payment required for such services are presented prior to consumption.

Payment processing is performed by a third-party merchant, PayPal, who may collect and process your personal information in accordance with their own Terms. Whispertrades does not collect and has no responsibility for data collected by third-party payment processors.

If payment is rejected by the payment processor, Whispertrades has no duty or obligation to provide the requested product or service.

Except when required by law, all payments are non-refundable.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service or for any reason that puts the Whispertrades platform, service, or users at risk. Suspension or deletion of your account does not entitle you to compensation or reimbursement for damages.

You reserve the right to terminate your account and use of our services either by ceasing to use our services or by contacting us and requesting termination.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of South Carolina. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Dispute Resolution

You may bring any disputes to Whispertrades via the website contact form to be resolved 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. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association.

Award to you can only extend to payment for services and not beyond. 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.

The cost of arbitration, including but not limited to the fees of the arbitrators and attorneys, shall be borne by the losing party unless a Court of Arbitrators shall decide that, in light of the circumstances, such would be inequitable, in which case the arbitrators shall allocate costs among the parties.

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