Last updated: October 21, 2022
Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the https://positionforex.com website. Sea Lion Capital Management LLC is a limited liability company located in Nanuet, New York, United States.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. It also applies to any customer who makes a purchase of “Position Forex Premium”
By purchasing or using Position Forex Premium, you agree to be bound by the following Terms and Conditions. If you disagree with any part of the Terms then you may not access the Service.
OVERVIEW
The “Sea Lion Capital Management” refers to Sea Lion Capital Management LLC, a limited liability company headquartered in Nanuet, New York, United States of America. The term “Position Forex Premium” refers to a membership service owned and operated by Sea Lion Capital Management LLC. The terms “user,” “you,” and “your” refer to Position Forex Premium customers, members, and any others who may access the Service.
SERVICE
Position Forex Premium is a membership site designed to provide helpful information and tactics that you may use to trade Forex. Use of Position Forex Premium, including all materials presented herein and all online services provided by Sea Lion Capital Management LLC, is subject to these Terms and Conditions. The resources of Position Forex Premium are defined as any page on positionforex.com that requires a password to access, or any forum, community, resource, video, or other content embedded in those pages or linked to from those pages which are designed to convey information for Position Forex Premium members. You understand and agree that Position Forex Premium provides information and education for those who want to trade forex. The scope of this Service is limited to the resources, information, and tools mentioned on the Position Forex Premium sales page. You agree that Sea Lion Capital Management LLC will not provide any services or individualized help other than as promised on the Position Forex Premium sales page. Sea Lion Capital Management LLC reserves the right to substitute services equal to or comparable to the services listed as the Service changes without any prior notice. By accessing this Service, you understand and agree that “Position Forex Premium” is not a promise or guarantee of trading success or profits in any specific time frame. Your success is your responsibility. Not all Position Forex Premium members succeed.
YOUR REPRESENTATIONS TO Sea Lion Capital Management LLC
You represent that you are at least 18 years of age and have the legal authority to agree to these Terms and Conditions with Sea Lion Capital Management LLC. Position Forex Premium is not open to minors. To access Position Forex Premium, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. You understand and agree that Sea Lion Capital Management LLC, in its sole discretion, may refuse service to customers or potential customers it chooses not to serve for any reason. While Sea Lion Capital Management LLC makes reasonable efforts to ensure the accuracy of the information provided, it does not guarantee or warranty that the information is free from errors. By accessing Position Forex Premium, you agree to hold Sea Lion Capital Management LLC harmless for mistakes, imperfections, or errors in the information provided. You may use Position Forex Premium for lawful purposes only. You shall not post or transmit through the Service any material which violates or infringes the rights of others.
MISCONDUCT OF Position Forex Premium MEMBERS
Purchasers of Position Forex Premium may be terminated at any time by an authorized representative of Sea Lion Capital Management LLC for violation of any of the following rules, among others:
- You may not download, screen record, or capture any video, PDF, lesson, or other content in Position Forex Premium, except for those few videos which specifically state that a download of that particular video is allowed. You will know if a video is allowed to be downloaded because there will be a clear hypertext link in the body of the page with a link that says “download.” You may not take the content in Position Forex Premium and sell or distribute it to any third party.
- You may not publish affiliate links in the Community except through private message where a user has previously directly asked for your affiliate link.
- You may not link to a page from the Community which is designed to capture email addresses of our members.
- You may not promote your own information product, tool, automation, software, or plugin related to internet marketing from within our Community or to our members. Services may be promoted in the Networking/Services/Promotion category of the Community.
- You may not belittle other users of the Community, post in a way that is likely to be a nuisance to other members as determined by Sea Lion Capital Management, or malign Sea Lion Capital Management in your community posts.
- You may not spam or proposition other members to purchase your product or service, or to visit your website, in a way that Sea Lion Capital Management LLC determines is likely to annoy other customers.
- You may not represent yourself as, or give the impression that, you are an official representative or employee of Sea Lion Capital Management LLC, or the Position Forex Premium Service.
- Position Forex Premium contains trade secrets and proprietary processes which cannot be shared to third parties. You agree not to divulge information or tactics that Sea Lion Capital Management has not publicly shared on its Youtube Channel or public-facing pages.
- You agree to not divulge that information shared in the Position Forex Premium community forum to any third party. The purpose of this policy is to protect the privacy and business practices of our members.
- Generally being a nuisance and hurting the experience of other Position Forex Premium members. Any action you take likely to cause annoyance and disturbance of the experience of other members of Position Forex Premium is grounds for termination.
Violating any of these rules or creating a nuisance in Position Forex Premium for other members is grounds for termination of access to the Service without a refund. You agree and understand that violation of any of the aforementioned rules may give rise to Sea Lion Capital Management permanently or temporarily suspending your ability to post and/or read content in the Position Forex Premium community, as well as the potentially being removed from Position Forex Premium access entirely.
ACCOUNTS AND ACCESS TO Position Forex Premium THROUGH YOUR ACCOUNT
You agree to provide accurate and up-to-date contact information to Sea Lion Capital Management at the time of creating an account which includes your registration name, email address, and physical address. You represent and agree that you will not use this Service in any way that would violate any laws in your jurisdiction. A paid membership in Position Forex Premium allows you, and only you, access to the Service for the duration of the paid membership period. You agree to never divulge your Position Forex Premium username, password, or license email address to any third party. You agree to not allow any third party to access Position Forex Premium through your account or sign-on.
AVAILABILITY OF SERVICE
You understand and agree that server outages, technical problems, and other errors can make the Position Forex Premium Service unavailable temporarily. You agree that no breach of these Terms or breach of contract legal action may be initiated against Sea Lion Capital Management LLC in the event of these reasonable delays and outages. Sea Lion Capital Management LLC will strive to provide a reliable service.
DURATION OF AGREEMENT
Sea Lion Capital Management reserves the right to terminate the Service, and or access to any feature(s) of the Service, with or without prior notice. It may substitute features of the Service or discontinue them.The term “lifetime access” or any membership with no declared end date, will end when the service is discontinued. “Lifetime access” does not mean your lifetime, but the lifetime of the Service. If you purchase the Service on a yearly plan, billing will continue each year until you cancel your subscription. Failure to pay your subscription payment will result in termination from access to Position Forex Premium. If you purchase the Service on a monthly plan, billing will continue each month until you cancel your subscription. Failure to pay your subscription payment will result in termination from access to Position Forex Premium. You may cancel the automatic renewal of your subscription at any time by visiting the Contact page on Position Forex Premium and notifying Sea Lion Capital Management of you wish to cancel, and your access to the Site will end at the end of the current contracted term.
CANCELLATIONS & REFUNDS
Position Forex Premium is a recurring subscription which automatically renews at the renewal price until canceled. You agree to our refund policy, which you can access here. It is your responsibility to cancel your account before it renews. Only you can know when you choose to cancel your subscription, so Sea Lion Capital Management will not cancel your account for you. No partial refunds are given should you terminate a subscription before your renewal date; however you will retain access to Position Forex Premium until the end of your payment term.
CONTENT YOU TRANSMIT THROUGH OR TO THE Position Forex Premium SERVICE
You agree to not upload, post or otherwise make available on Position Forex Premium, positionforex.com, the Position Forex Premium community forum, or any other Position Forex Premium resource, any videos, photos, or other copyrighted work, trademark, or other proprietary right without the express written permission of the rights holder. By posting any content to Position Forex Premium, including the forum, you represent that you have the rights to post the content and that doing so will not create legal liability for Sea Lion Capital Management LLC.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Sea Lion Capital Management LLC claims no intellectual property rights over the material you transmit through or to the Position Forex Premium Service. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. You agree to hold Sea Lion Capital Management LLC harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant Sea Lion Capital Management LLC and its assigns, licensees, and sublicensees, a worldwide, nonexclusive, irrevocable license to use the material for promotional, development, and marketing purposes.You consent to recordings being made of calls, videos, or webinars provided as part of the Service. You consent to your name, site, words, voice, and likeness being used by Sea Lion Capital Management LLC for promotional, development, and/or marketing purposes, without compensation to you.
OUR INTELLECTUAL PROPERTY
Your Position Forex Premium membership contains trademarks, copyrighted materials, proprietary information, proprietary techniques and processes, and other intellectual property of Sea Lion Capital Management LLC. This content is provided to you as part of the Service for your individual use only. All intellectual property, including copyrighted materials, shall remain the sole property of Sea Lion Capital Management LLC. No license to sell or distribute our materials is granted or implied.You may not create derivative works from, modify, transmit, publish, divulge to any third party, participate in the transfer or sale of, distribute, or in any way exploit in any format whatsoever any of the Service Content or intellectual property, in whole or in part, without our prior written consent.All techniques and processes showed in Position Forex Premium but not also shown publicly on our Youtube channel or other social media channels, are proprietary to Position Forex Premium. Sometimes we show a small portion of techniques publicly, but many details of how we do that process or tactic are proprietary and you agree not to divulge that information to any third party.Except as allowed by Fair Use, you agree not to post screenshots of any material from Position Forex Premium publicly online. This includes but is not limited to screenshots taken of the Position Forex Premium community forum, PDFs in the course, or of any lessons in the course.We reserve the right to immediately remove or suspend you from the Service, without refund, if you are caught violating this intellectual property policy.
By purchasing any membership, service, or product produced by Sea Lion Capital Management, or using any Sea Lion Capital Management product or service, you agree to not use these products for any illegal purpose.
CHANGED TERMS
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
LIMITATION OF LIABILITY
You agree that Sea Lion Capital Management LLC shall not be liable for direct, indirect, consequential, special, punitive, or any other damages arising out of your use of the Service.You agree to not hold Sea Lion Capital Management LLC liable for any loss of revenue, expected profits, money, goodwill, or data.You agree that, in no event, shall Sea Lion Capital Management LLC’s total and complete liability to you exceed the purchase price of the Service you paid to Sea Lion Capital Management LLC. If no purchase was made by you, Sea Lion Capital Management LLC’s total liability to you shall not exceed $100.
THIRD-PARTY RESOURCES
Sea Lion Capital Management LLC, through Position Forex Premium, recommends products and services provided by third-party companies. It also links to other resources and content around the web. You acknowledge sole responsibility for and assume all risk arising from using any such websites or resources. Sea Lion Capital Management LLC does not guarantee you will have a positive experience from these third-party services, products, and pieces of content.
INDEMNIFICATION
You shall indemnify and hold Sea Lion Capital Management LLC harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Service.
ENTIRE AGREEMENT, WAIVER, EXPENSES
This Agreement constitutes the entire agreement between you and Sea Lion Capital Management LLC pertaining to the Service and supersedes all prior and contemporaneous agreements, representations, and understandings. No waiver of any of the provisions of this Agreement by Sea Lion Capital Management LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Sea Lion Capital Management LLC.If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
CHOICE OF LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States of America without regard to such state’s conflict of laws or provisions. For purposes of litigating any dispute that arises under these Terms or any dispute you have with Sea Lion Capital Management LLC, you hereby submit to and consent to the jurisdiction of the State of Idaho in the United States of America and agree that such litigation shall be conducted in the courts of Rockland County, New York, or the federal courts for the United States for the District of New York.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
CONTACT US
You may email us at alanposner@sealionllc.com with questions.
Sea Lion Capital Management LLC’s physical address is:
Sea Lion Capital Management LLC
633 Normandy Village
Nanuet, NY 10954
United States of America