Wick-Out Trading Journal

Terms and Conditions

Last updated: March 22, 2023

Agreement to Our Legal Terms

Welcome to Wick-Out Journal. By accessing and using our website at https://wick-outjournal.com and our related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions. In these Legal Terms, "we," "us," and "our" refer to Wick-Out Journal (the "Company"). If you do not agree with all of these terms, please stop using our Services immediately.

Additional policies or supplemental terms that may be posted from time to time are incorporated herein by reference. We reserve the right to update these terms whenever necessary. If we make changes that materially affect how your data is handled, we will update the "Last updated" date at the top of this document. It is your responsibility to review these terms periodically. Continued use of our Services indicates your acceptance of any changes.

Our Services are intended for users aged 18 and older. If you are under 18, you are not permitted to use or register for our Services.

1. Our Services

The information provided via our Services is intended for lawful use and only for users who comply with local laws. If you access our Services from any region where their content or functionality is restricted by local law, you do so on your own initiative and are responsible for ensuring compliance with all applicable legal requirements.

Please note that our Services are not customized to follow industry-specific regulations, so if your use of the Services requires adherence to such rules, our platform may not be suitable for you.

2. Intellectual Property

All materials available on Wick-Out Journal—including but not limited to text, graphics, logos, images, software, and other content—are the property of Wick-Out Journal or our licensors. These materials are protected under copyright, trademark, and other intellectual property laws worldwide.

We grant you a limited, non-exclusive, non-transferable license to access and use the Services and its content for your personal, non-commercial purposes, provided you adhere to these Terms. Any unauthorized use, reproduction, or distribution of our content is strictly prohibited.

If you wish to request permission for a use beyond these terms, please contact us at info@wick-outjournal.com.

3. USER REPRESENTATIONS

By using Wick-Out Journal’s Services, you confirm and warrant that:

  1. Your registration and profile information is accurate, complete, and kept up to date.
  2. You will promptly update any changes to your information as needed.
  3. You have the legal capacity to agree to these Terms and Conditions.
  4. You are not a minor under the laws of your jurisdiction.
  5. You will not use any automated tools (bots, scripts, etc.) to access or interact with our platform.
  6. You will use our Services only for lawful purposes and not for any unauthorized or illegal activities.
  7. Your use of our Services complies with all applicable laws and regulations.

Should any information you provide prove to be false, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any further access to our Services.

4. USER REGISTRATION

To access certain features of our Services, you may be required to register for an account. When you do so, you agree to provide accurate and complete information and to update it as necessary. You are solely responsible for keeping your account details, including your password, confidential. Any activity that occurs under your account is your responsibility. In addition, we reserve the right, at our sole discretion, to modify or reclaim any username that we deem inappropriate or inconsistent with our community standards.

5. PURCHASES AND PAYMENT

We accept payments via a stripe payment method. When making purchases through our Services, you agree to provide current and complete payment and account information. It is your responsibility to update your payment details—such as billing address, email, and payment method expiration dates—so that your transactions may be processed without interruption. Sales tax, where applicable, will be added to your purchase, and all payments are processed in US dollars.

By placing an order, you authorize us to charge your chosen payment method for the full amount due. For subscriptions or recurring orders, you consent to automatic billing on a recurring basis until you cancel your order. We reserve the right to correct any pricing errors or discrepancies, even if payment has already been received.

We further reserve the right to refuse any order placed through our platform. In our sole discretion, we may limit or cancel purchase quantities per person, household, or order. These restrictions may apply when orders are placed under the same account, payment method, or with the same billing or shipping address, particularly if the order appears to be intended for resale.

6. CANCELLATION

You may cancel your subscription or order at any time by accessing your accounts page. Your cancellation will take effect at the end of your current paid period. If you are not satisfied with our Services, please contact us by emailing info@wick-outjournal.com, and we will do our best to address your concerns.

7. PROHIBITED ACTIVITIES

At Wick-Out Journal, our platform is available solely for its intended and lawful purposes. Any attempt to misuse or exploit our Services—including any behavior that could damage, disable, or impair our operations or that of other users—is strictly forbidden. Specifically, you agree not to:

  • Extract or aggregate content from our platform in any systematic manner (such as compiling databases or directories) without our explicit written consent.
  • Engage in deceptive or fraudulent activities designed to obtain sensitive account details or manipulate other users.
  • Bypass, disable, or otherwise interfere with any security measures, including those that protect our content and restrict unauthorized copying or use.
  • Transmit or upload any harmful software, spam, viruses, or any disruptive code intended to impair the normal operation of our Services.
  • Use automated tools (such as bots, scripts, or scrapers) to access or extract data from our platform without proper authorization.
  • Remove or alter any proprietary notices or other intellectual property identifiers from our Content.
  • Impersonate any individual or falsely claim another’s identity by misusing another user’s credentials.
  • Embed unauthorized tracking mechanisms or hidden scripts designed to collect users’ information without consent.
  • Overwhelm our systems through excessive or repetitive submissions that disrupt access or functionality for others.
  • Use our Services for any commercial activity that directly competes with or exploits our platform without our written authorization.

Any breach of these guidelines may result in immediate suspension or termination of your account and may lead to further legal remedies.

8. SERVICES MANAGEMENT

We reserve the right, at our sole discretion, to manage and protect the operation of our platform. This includes, but is not limited to, the following:

  • Actively monitor use of our Services to ensure compliance with these Terms.
  • Take prompt legal action—including reporting violations to law enforcement—against any user who breaches these Terms or conducts any illegal actions.
  • Restrict, suspend, or terminate access to certain features or content should we determine that your activities compromise the integrity or security of our Services.
  • Remove or disable any files, content, or user submissions that impose an undue burden on our systems or disrupt the experience for others.
  • Continuously manage and update our Services in ways that protect the rights and property of both Wick-Out Journal and its users.

We reserve the right to exercise these measures without prior notice to ensure the smooth and secure operation of our platform.

9. PRIVACY POLICY

We take your privacy seriously. Please review our full Privacy Notice to understand how we collect, use, and protect your personal information. By using our Services, you acknowledge and agree to our privacy practices as outlined in that notice.

Wick-Out Journal is hosted in the United States. If you access our Services from another region with privacy laws that differ from those in the U.S., your continued use of the platform constitutes consent to have your data transferred to and processed in the United States.

10. COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

We respect the rights of content creators. If you believe that material on Wick-Out Journal infringes upon your copyright or intellectual property rights, please contact us immediately with a detailed notice of the alleged infringement.

Your notification should include sufficient information for us to identify the content in question and verify your ownership or authority. Be aware that knowingly submitting a false claim may carry legal consequences under applicable laws.

If we receive a valid claim, we may notify the user responsible for the content and take action, including but not limited to removing the content or suspending the related account.

11. TERM AND TERMINATION

These Terms remain in effect as long as you access or use our Services. Wick-Out Journal reserves the right, at its sole discretion and without prior notice, to suspend, restrict, or permanently revoke access to our Services for any reason, including violations of these Terms or applicable laws.

If your account is suspended or terminated, you are not permitted to create a new account—whether under your own name, a pseudonym, or on behalf of another party—unless expressly authorized by us. We also reserve the right to pursue legal remedies if necessary.

12. MODIFICATIONS AND SERVICE AVAILABILITY

We may update or modify the features, content, or functionality of our Services at any time, without prior notification. This includes price changes, design updates, or temporary discontinuation of certain features.

While we strive to offer continuous access, we do not guarantee that the Services will always be available. Downtime may occur due to system maintenance, updates, or unforeseen issues. Wick-Out Journal is not liable for any inconvenience, loss, or damage resulting from service interruptions.

Nothing in these Terms obligates us to maintain, update, or continue offering any particular part of the Services.

13. GOVERNING LAW

These Terms and any disputes related to your use of Wick-Out Journal are governed by the laws of the State of California, without regard to its conflict of law rules. By using our Services, you consent to these laws applying to any legal matter.

14. DISPUTE RESOLUTION

In the event of any legal action between you and Wick-Out Journal, such disputes shall be handled exclusively in the state or federal courts located within Ventura County, California. Both parties waive any objections to venue or jurisdiction and agree to submit to the authority of those courts.

Please note: These Terms specifically exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA).

15. DISPUTE RESOLUTION

If a legal dispute arises between you and Wick-Out Journal, both parties agree that such matters shall be resolved exclusively in the state or federal courts located in Ventura County, California. By using our Services, you waive any defenses relating to jurisdiction or venue and agree to submit to the authority of those courts.

For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.

16. CORRECTIONS

While we strive for accuracy, our Services may occasionally display content that contains typographical errors, inaccuracies, or omissions—including those related to product descriptions, pricing, or availability. We reserve the right to correct and update such information at any time without prior notice.

17. DISCLAIMER

Wick-Out Journal is provided on an "as is" and "as available" basis. Your use of our Services is at your own risk. To the fullest extent permitted by law, we make no warranties—express or implied—regarding the reliability, security, or availability of our Services. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

We make no guarantees about the accuracy or completeness of content provided through our Services or any third-party platforms linked to it. We are not liable for:

  • Any personal injury or property damage resulting from your use of the Services
  • Unauthorized access to your data or our systems
  • Technical interruptions, system failures, or transmission delays
  • Any viruses, malware, or harmful code passed through the platform
  • Third-party advertisements, services, or claims made via links or banners on our site

We recommend you exercise caution and use sound judgment when engaging with any third-party content or services.

18. LIMITATION OF LIABILITY

Under no circumstances shall Wick-Out Journal or its officers, employees, affiliates, or agents be held liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, data loss, or other damages arising out of your use of the Services—even if we have been informed of the possibility of such damages.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wick-Out Journal and its affiliates, officers, employees, and agents against any losses, claims, damages, liabilities, or expenses (including attorneys’ fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your infringement of the rights of any third party
  • Any content or data you submit, post, or transmit through the Services

We reserve the right to assume control over the defense of any matter subject to indemnification, at your expense. You agree to cooperate with our efforts and to not settle any such claim without our written consent.

20. USER DATA

While we may store data you submit to or generate via the Services for operational purposes, including backups and system management, you are ultimately responsible for maintaining your own data. We are not liable for any loss, corruption, or deletion of data resulting from your use of our platform, and we disclaim any responsibility for damages related to such loss.

21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

When you visit Wick-Out Journal, send us messages, or interact with our forms, you are engaging in electronic communication. By doing so, you consent to receive communications from us electronically—including notices, agreements, updates, or policies—and you acknowledge that these fulfill any legal requirements that such information be in writing.

You also agree to the use of digital records, orders, contracts, signatures, and confirmations as part of your transactions with us. To the extent permitted by law, you waive any rights that require handwritten signatures, paper documents, or non-digital methods of communication and credit processing.

22. CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have an unresolved issue with our Services, you may reach out to the California Department of Consumer Affairs’ Complaint Assistance Unit. Contact them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210 or (916) 445-1254.

23. MISCELLANEOUS

These Terms and any supplemental policies or legal notices we post on Wick-Out Journal constitute the full agreement between you and us concerning your use of the Services. If we fail to enforce any provision, that does not waive our right to enforce it later.

These Terms are valid to the fullest extent allowed by law. We may assign our rights and responsibilities under these Terms at any time. We are not liable for delays or failures caused by events beyond our reasonable control.

If any part of these Terms is found to be unenforceable, the remaining provisions will still apply. Nothing in this document creates a partnership, joint venture, or employment relationship between you and Wick-Out Journal. You also agree not to contest the validity of these Terms based on their electronic format or the lack of handwritten signatures.

If you have any questions or concerns regarding these Terms and Conditions, please contact us at info@wick-outjournal.com.