Terms and Conditions
This policy represents the Black Swan Capitalist Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Black Swan Capitalist customers agree to when they sign-up for any of the coaching services. Black Swan Capitalist reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Black Swan Capitalist agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their coaching services. Black Swan Capitalist retains the sole discretion to make judgment regarding any violation by any Black Swan Capitalist customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Black Swan Capitalist coaching services , you, as the Black Swan Capitalist customer, agree to the following terms of service.
Definitions
“We” “Us” or “Provider” or “Black Swan Capitalist” or www.blackswancapitalist.io – Versan Aljarrah
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for coaching services or is a designate of anyone who applies for coaching services.
Disclaimer of Warranty
The coaching services provided by Black Swan Capitalist do not under any circumstances constitute financial or investment advice. Nor do they recommend the purchase or sale of any investment products.
Black Swan Capitalist coaching focuses on techniques that can be employed to determine a potential investment, assessing your risk tolerance, identifying market psychology, avoiding pitfalls, developing an exit strategy. Rather than making decisions for you the coaching is meant to support you in making decisions for yourself.
Black Swan Capitalist is not responsible for any investment decisions of its students. Black Swan Capitalist MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither Black Swan Capitalist nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein.
Limitation of Liability
IN NO EVENT SHALL Black Swan Capitalist BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Black Swan Capitalist SERVICES.
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Black Swan Capitalist HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Black Swan Capitalist MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Black Swan Capitalist FOR THE COACHING SERVICES.
TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Black Swan Capitalist LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
Indemnification
You agree to indemnify, defend and hold Black Swan Capitalist and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement.
Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Texas without regard to any conflict of laws provisions.
Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Civil Courts of the State of Texas, City of Dallas.
The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Black Swan Capitalist
Black Swan Capitalist will provide coaching services (“the Service”) to its clients for the express purpose of education. Black Swan Capitalist provides the Services exclusively and makes no effort to influence the investment decision making of it’s clients. Black Swan Capitalist reserves the right to refuse service to potential and/or existing customers to protect the security of its other customers and/or the reputation of Black Swan Capitalist and/or that of its other customers.
Black Swan Capitalist provides direct one on one coaching over streamyard or related systems. Black Swan Capitalist will interact with their clients through emails, chat and phones. By accepting your client contract agreement with Black Swan Capitalist you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise any other customer of Black Swan Capitalist and any employee or contractor of Black Swan Capitalist.
Black Swan Capitalist will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at anytime by advising Black Swan Capitalist via email.
Client Content
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Black Swan Capitalist or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Black Swan Capitalist or any third party.
False Information
Customer agrees not to provide false or inaccurate information to Black Swan Capitalist when applying for coaching services.
Black Swan Capitalist reserves the right to suspend or terminate your service with or without notice should it become aware of any false information provided by you.
Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client’s use of the coaching services.
Coaching Content
Black Swan Capitalist retains the right to record coaching sessions to ensure compliance with applicable laws and regulations. Black Swan Capitalist is not obligated to provide a copy of such recorded coaching sessions.
Client’s agree not to disclose or otherwise make available coaching material or information to any public or private individual or group without the express consent of Black Swan Capitalist.
Payment Obligations
Full payment is required in advance before coaching services are provided. Black Swan Capitalist sends out invoices that are due upon receipt.
You warrant and represent that the information you supply in the Order Form (or other information that Black Swan Capitalist may require) is accurate and truthful.
All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your coaching session may be suspended or cancelled.
It is the client’s responsibility to ensure that payment is made to Black Swan Capitalist prior to their scheduled coaching session, although Black Swan Capitalist may send reminder notices to our customers prior to their reserved coaching date.
Because of the ability for a customer to change their contact email addresses without notifying Black Swan Capitalist, the customer is ultimately responsible for remembering their scheduled coaching date and to make sure payment is made.
Currency
All prices listed are in US Dollars ($), for all coaching services.
Cancellation & Refunds
Black Swan Capitalist will refund your coaching fee if you have submitted a cancellation request within 48 hours of your scheduled coaching appointment. Cancellations less than 48 hours of your scheduled coaching session are eligible to a one-time re-scheduling of the coaching session. Refunds are not available for customers that do not attend their scheduled coaching session without cancelling or re-scheduling as noted above.