Disclaimers

UPDATED MAY 25, 2018

We have instituted updates to our Terms of Service and Privacy Policy to meet the requirements for General Data Protection Regulation or GDPR. For additional information about the GDRP requirements click here: https://en.wikipedia.org/wiki/General_Data_Protection_Regulation

As always we do not sell or rent our data and collect a minimal amount of data. We only share our data with 3rd parties via webinars, products, services or 3rd party affiliates via GoToWebinar. At any point, you may unsubscribe from our services by contacting support@tomgentile.com.

Our email provider is Mail Chimp and their Terms of Service can be found here: https://mailchimp.com/legal/privacy/

We also utilize Infusionsoft as a CRM and marketing automation platform; please review their Data Protection and Privacy policy as well. (https://www.infusionsoft.com/legal/data-protection-faq)

Paypal is our merchant for all monetary transactions. We do not retain any payment information and all payment details are held by Paypal. You can review the Paypal Privacy Policy and Terms of Service here: https://www.paypal.com/us/webapps/mpp/ua/legalhub-full

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.
  • We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information.

TomGentile.com offers the use of a secure server. All supplied sensitive information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information will not be stored on our servers.

Do we use cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

Do we disclose any information to outside parties?

TomGentile.com does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Children’s online privacy protection act compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

English Language

The English version of this Privacy Policy governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

Your Conscent

By using our site, you consent to our privacy policy.

Changes to our privacy policy

If we make a material change to our privacy policies and procedures as to the collection, use or disclosure of your Personal Information, we will post a notice of those changes on our Website or notify you by email (sent to the email address specified in your account) to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it, prior to the change becoming effective. You are bound by changes to the Privacy Policy when you use the site after those changes have been posted. We encourage you to periodically review this page for the latest information on our privacy practices.

Disclaimers

Disclaimer

Tom Gentile is NOT a United States Securities Dealer or Broker, or U.S. Investment Adviser. Nor is sender a trader, dealer, or broker of ANY jurisdiction and or country. Sender makes no warranties or representations as to the Buyer, Seller or any Transaction that may be contained or disclosed herein. The materials on Tom Gentile web site are provided “as shown”. Tom Gentile makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Tom Gentile does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or on any sites linked to this site.

Risk Levels

Tom Gentile (“Tom Gentile” or “Tom” or “we” or “us”) is not registered as an investment adviser. Tom Gentile relies upon the “publishers’ exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, Tom Gentile does not offer or provide personalized advice. We publish information about companies in which we believe our readers may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our website is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website and the information provided by us should not be construed by any subscriber or prospective subscriber as Tom Gentile’s solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets, and especially in options and futures, are speculative and involve substantial risk. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from Tom Gentile or derive from our website/emails. Only you can determine what level of risk is appropriate for you.

All trading involves risk. Leveraged trading has large potential rewards, but also large potential risk. Be aware and accept this risk before trading. Never trade with money you cannot afford to lose. All forecasting is based on statistics derived from past performance and past performance of any trading methodology is no guarantee of future results. No “safe” trading system has ever been devised and no one can guarantee profits or freedom from loss. No representation is being made that any account will achieve profits or losses similar to those discussed. There is no guarantee that, even with the best advice available, you will become a successful trader because not everyone has what it takes to be a successful trader. The trading strategies discussed may be unsuitable for you depending upon your specific investment objectives and financial position. You must make your own investment decisions in light of your own investment objectives, risk profile, and circumstances. Use independent advisors, as you believe necessary. Therefore, the information provided herein is not intended to be specific advice as to whether you should engage in a particular trading strategy or buy, sell, or hold any financial product. Margin requirements, tax considerations, commissions, and other transaction costs may significantly affect the economic consequences of the trading strategies or transactions discussed and you should review such requirements with your own legal, tax and financial advisors. Before engaging in such trading activities, you should understand the nature and extent of your rights and obligations and be aware of the risks involved. All testimonials are unsolicited and are potentially non-representative of all clients. Your trading results may vary from those case studies detailed on the Tom Gentile website, and emails. Tom Gentile is not a broker or licensed investment advisor and therefore is not licensed to tailor general investment advice for individual traders. Your actions and the results of your actions in regard to anything you receive from Tom Gentile is entirely your own responsibility. Tom Gentile cannot and will not assume liability for any losses that may be incurred by the use of any information received from Tom Gentile. Any such liability is hereby expressly disclaimed.

Prior to buying or selling an option contract

Prior to buying or selling an option, an investor should read and understand the booklet “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options /Clearing Corporations’ (OCC) website: http://www.theocc.com/publications/risks/riskchap1.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing SIR or its products. This booklet is also available for free from your broker or from any of the U.S. options exchanges.

Prior to buying or selling a future or commodity contract

Prior to buying or selling a future, an investor should read and understand the booklet “Security Futures: An Introduction to Their Use and Risks.” You can access and download a copy of the booklet at the National Futures Association website at http://www.nfa.futures.org/investor/security_futures/security_futures.pdf. This link reference is provided as a courtesy and does not imply that the National Futures Association is endorsing Tom Gentile or his products. This booklet is available from your broker or from any of the US Futures Exchanges.

We encourage our readers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org. You can review public companies’ filings at the SEC’s EDGAR page. The FINRA has published information on how to invest carefully at its website.

Tom Gentile (“Tom” or “we” or “us”) is not registered as an investment adviser. Tom Gentile relies upon the “publishers’ exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, Tom Gentile does not offer or provide personalized advice. We publish information about companies in which we believe our readers may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our website is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website and the information provided by us should not be construed by any subscriber or prospective subscriber as Tom Gentile solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets, and especially in options and futures, are speculative and involve substantial risk. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from Tom Gentile or from our website. Only you can determine what level of risk is appropriate for you. By using our site you acknowledge you have read our full disclaimer located ABOVE and the CFTC Disclaimer below.

CFTC disclaimer

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER OR OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

Terms and Conditions Of Use

DEFINITIONS

Parties

“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to TomsTradingRoom, LLC, a limited liability company in Florida.

Content

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Tom Gentile Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Tom Gentile or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Tom Gentile Content.

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Limitations

In no event shall Tom Gentile or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our internet site or offered services, even if we or an authorized representative has been notified orally or in writing of the possibility of such damage. 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.

3. Revisions and Errors

The materials appearing on our web site could include technical, typographical, or photographic errors. Tom Gentile does not warrant that any of the materials on its web site are accurate, complete, or current. We may make changes to the materials contained on its web site at any time without notice.

4. Links

Tom Gentile has not reviewed all of the sites linked to its internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user’s own risk.

5. Site Terms of Use Modifications

We may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

6. Governing Law

Any claim relating to Tom Gentile web site shall be governed by the laws of the country of note without regard to its conflict of law provisions.

7. English Language

In the event of a conflict between these Terms and a foreign language version of our Terms of Use, the English language version of these Terms governs. All disputes, claims and causes of action (and related proceedings) will be communicated in English.

8. Copyright policy, notice and claim information

All materials on this site, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by Tom Gentile and its third-party information providers, and are protected by United States and international intellectual property laws.