Agreement

Access to and use of this site is provided, subject to these Terms and Conditions. By using this site the user (“you”) unconditionally agree to accept to be legally bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use this site.

This site and the information provided on this site are owned by Hubb Financial LLC, doing business as Safety in the Market (“SITM”,”we” or “us”) under licence.

These Terms and Conditions also apply to any products or services which may include but not limited to software, subscriptions, seminars, courses, workshops, classes (delivered either offline or online) and associate materials (together the “Products or Services”) sold by SITM where you have not completed an Order Enrolment Form or other SITM purchase document l.

Investment Disclaimer

In providing the information on this website, no account has been taken of the investment objectives, financial situation and particular needs of any particular person who uses this site or uses SITM Products or Services. Before making an investment decision on the basis of any information contained on this site the investor or prospective investor needs to consider, with or without the assistance of a licensed adviser, whether the information is appropriate in light of the particular investment needs, objectives and financial circumstances of the investor or potential investor.

Testimonials

Where Testimonials are given, they represent the outcomes that have been provided to us by individual clients and may not be typical of what every individual will achieve. All testimonials are provided voluntarily, without payment, inducement or other benefit and are from genuine clients of SITM.

Intellectual Property

The trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and common law Trademarks of SITM, its affiliates, and various third party licensors. All copyright in the information available on this site and in the Products and Services are the copyrighted work of SITM , its affiliates or its licensors. The copying, redistribution, retransmission, publication or commercial use of which is strictly prohibited without the written consent of SITM.

Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the content on this site, the copyright therein or Trademarks without the prior written permission from SITM, or such other party that may own the content or Trademarks except that you may download, display and print the information presented on this site for your personal use and solely for non-commercial purposes.

You agree that you shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other loss or harm resulting from your use of this site or the Products or Services

All intellectual property rights in any Products or Services supplied by SITM remain with SITM. Nothing contained in these or any other terms and conditions grant any rights whether by implication, estoppel, or otherwise to copy (other than for personal use), transfer, redistribute, sell, decompile, reverse engineer or dissemble any products or services.

Third party information and Site Links

This site contains or may contain references and links to other companies and/or their sites. SITM makes no representations, warranties or endorsements whatever about any other sites to which you may have access through this site or any products or services of those other companies, even if the products and services of those other companies or their sites are described or offered on this site or integrated with the Products or Services.

The site contains or may contain articles written by third parties. These articles are provided for information only and should not be construed to be the views of SITM or to constitute trading advice by SITM.

Seminar Rescheduling

We reserve the sole right to determine all Seminar and Course content, to cancel or reschedule or to change location or venue. If a Seminar or Course for which you have been enrolled is canceled or rescheduled we will make every reasonable effort to accommodate your request for re-enrolment in another scheduled Seminar or Course or extend the period for which the Seminar Credit is valid at our sole discretion.

If you are registered in a Seminar or Workshop we undertake to give reasonable notice to you of any cancellation or rescheduling, provided however, under no circumstances will we be liable for any travel expenses incurred by you as a result of any cancellation or rescheduling.

Minors and Special Needs

We will make every reasonable effort to accommodate minors and people with special needs who wish to attend our Seminars. Please contact SITM if you have any special requirements before your scheduled Seminar to enable us to cater for those needs. In any event we reserve the right to refuse admissions to anyone that we, in our sole discretion, determine we cannot adequately cater for and still meet the needs of our other students.

Guarantees, Withdrawals Cancellations Policy

SITM provides certain guarantees and rights to return or cancel Products or Services. Please click here to review the SITM Guarantees, Withdrawals Cancellation and Refund Policies. SITM and HUBB reserve the right to change these Policies from time to time, without notice, at its sole discretion.

Credit Card Payments & Payment Plans

When you Purchase Products or Services and receive an invoice from us you hereby acknowledge that you have authorized SITM to debit your credit card the amounts set out in the invoice (“Debit”) and that these Terms and Conditions apply to that purchase. Where the invoice includes a payment plan you acknowledge that you have authorized SITM to debit your credit card in accordance with that payment plan.

Debits will be deducted on the date of the invoice, or the 1st business day following that date and at monthly intervals thereafter in the case of a payment plan. It is your responsibility to ensure that there are sufficient funds available in your account to allow a Debit to be made or you must arrange for payment to be made by another method. If there are insufficient funds available to meet a Debit you may incur additional fees or charges imposed or incurred by us. All late payments will incur interest charge calculated daily at the rate of 12% and any debt recovery costs. If you are uncertain as to when a Debit will be processed, you should contact the financial institution where you hold your credit card account for assistance.

We reserve the right to suspend delivery of any undelivered Product or Service including data services whilst any payments remain outstanding and you agree to forfeit any all claims to payments already made

Data & Subscription Renewal Fees

Some SITM Products or Services are subscription based and are first sold with an initial 12 month subscription. At the expiry of that initial period a renewal fee will automatically become due and payable. When payment is not received by the due date access to that Product or Service will be denied. In the case of the data service you acknowledge that the data service is provided by and proprietary to HUBB Australia Pty Ltd ACN 080 285 801 (“HUBB Australia ”) , that the software product will not operate without that service and neither SITM nor HUBB Australia give any warranties or make any representation in respect of the data provided..

Lifetime Support

Lifetime technical and trading support is provided with Products and Services without additional charge and is delivered by any combination of email, live chat and online forums. Phone support is available as a paid Premium Support servcie.

Privacy Policy

Please click here to review the complete SITM Privacy Policy. You acknowledge that you have read the Policy, and agree to its terms.

Warranty Disclaimer

To the maximum extent permitted by law and subject to the statutory warranties below, neither Hubb Financial LLC or any of its affiliates or licensees make any warranty or representation of any kind regarding this site, Products or Services and/or any materials provided on this site or supplied to a customer, all of which are provided on an “as is” basis only. In particular no warranty is given in respect of the timeliness accuracy, completeness, currency or reliability of any of the content found on this site or data used by the products or services and, subject to the statutory warranties below, expressly disclaims all warranties, terms and conditions, including all implied warranties, terms and conditions of merchantability, satisfactory quality, fitness for a general or particular purpose and non-infringement of proprietary rights, and those arising by statue or otherwise in law or from a course of dealing or usage of trade. SITM does not warrant that this site, its servers or any email sent from SITM are free of viruses.

Statutory Warranties

Where legislation implies warranties or conditions or imposes obligations which cannot be excluded, restricted or modified except to a limited extent these Terms and Conditions must be read subject to any such statutory provisions.

If such statutory provisions apply, to the extent to which SITM are entitled to do so, the liability of each will be limited at their option to:

1. in the case of supply of goods, the replacement of the goods or supply of equivalent goods, the payment of the cost of replacing the goods or acquiring equivalent goods, the payment of the cost of having the goods repaired or the repair of the goods; and
2. in the case of services, the supply of the services again, or the payment of the cost of having the services performed again.

Limitation of Liability

To the full extent permitted by law in no event shall SITM be liable to you for any indirect, special, incidental or consequential damages including without limitation damage to your computer to computer system or settings, loss of data, revenue or profits, which you may suffer arising out of your use, delay in using or inability to access this website or its Products or Services, or in any other way connects with this website, or the Products or Services displayed on this website including without limitation from the downloading of any software from this website.

Indemnification

You agree to defend and indemnify SITM and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by you or on your behalf or by third parties as a result of your breach of these terms and conditions or your negligence

Variations

SITM and HUBB reserves the right to change any information related on this site at any time, without notice at its sole discretion by posting an updated version of these Terms and Conditions on this site. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes.

Law and Attribution

THE PARTIES WAIVE TRIAL BY COURT AND BY JURY. Any dispute arising from or relating to this agreement, and/or any product or service, or the arbitrariness of any dispute, shall be resolved by attribution in Santa Rosa, California, where this agreement was accepted, and governed by and constructed under California law, except its conflict of laws rule. A party may only bring a claim of breach of this agreement, and shall not be permitted to bring a claim sounding in tort. No party may bring or become a party to a class action against the other. Arbitration shall be conducted by a panel of 3 arbitrators pursuant to this paragraph and the California Small Claims Rules in effect at the time a claim is initiated except rule 7.010. The party initiating arbitration shall select an arbitrator and notify the other party (“Respondent’) in writing by Certified Mail/Return Receipt Requested of the claim and the arbitrator’s name. Respondent shall have 20 days from receipt of the notice to select an arbitrator and notify Claimant in writing via the same type of mail of the arbitrator’s name. If a party fails to select an arbitrator timely, then a final decision in favor of the other party shall be entered by the latter’s arbitrator. Each arbitrator must be a lawyer with over 10 years experience or a retired judge. The arbitrator’s decision shall be by majority vote, final and binding. No party shall be awarded attorneys fees or costs, whether or not taxable by a court or arbitrator(s) as costs. No action filed more than twenty-one months after the enrollment date shall be entertained by any arbitrator or court. If awarded, total of all damages shall not exceed the purchase price paid hereunder. Declaratory relief ordering such arbitration and enforcement of any judgment shall be entered only by a court in Santa Rosa, California having jurisdiction thereof. Customer acknowledges that competing products and services are readily available and, therefore, waives any right to assert that this Agreement is a contract of adhesion or that any provision of it unconscionable.

How to Contact Us

If you have any questions regarding these Terms and Conditions or our Products and Services , please feel free to contact us by e-mail at email@safetyinthemarket.com or call our Customer Care Officer on telephone via 866-768-2048 or via fax to facsimile +61 2 9972 7769.