Main menu

Terms

Terms and Conditions

By continuing to use this website you agree to be bound by these terms.

Eligibility
This Site is intended solely for Users who are eighteen (18) years of age or older. Any registration by, use of or access to the Service by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of these Terms of Use.

Registration Data; Account Security
In consideration of your use of the Service, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Paid Services
Coghlan Capital offers certain paid services including but not limited to Morning Analysis, MetalsTrades, Coghlan Forex, ESTrades and the Cross Pair Analysis service (the "Paid Services"). The Paid Services may be offered via monthly, quarterly or annual subscriptions. When subscribing to Paid Services, you will be asked to provide us with certain information including, but not limited to, credit card information and a billing, and where applicable, shipping address. You agree to maintain and update all information as necessary so that it remains accurate and current. If the information you provided is found to be inaccurate or not current, we reserve the right to cancel your subscription to the Paid Services. If you wish to discontinue using the Paid Services you must notify customer service that you wish to cancel your subscription by sending an email to cancel@coghlancapital.com. Once we receive your cancellation request, your access to the specified Paid Service will be discontinued as of the end of the current billing period. You must provide us with notice prior to the next billing date and you will not be charged for future billing cycles. There are no pro rated refunds for partial billing periods, be it monthly, quarterly or annual. Refunds will not be issued for cancellations received after a billing date. For clarity, if you join a monthly service on June 5th you will be billed on the 5th of each subsequent month until you cancel. If you cancel the service on July 6th then your access will continue through August 5th and no further billing will occur. All subscriptions will automatically renew on the monthly, quarterly or annual anniversary of the day that you subscribed. On such renewal date, we will bill the applicable monthly subscription fee and any applicable taxes to the credit card that you provided to us. In the event the credit card for any reason does not allow the amount to be billed, access to the service may be terminated immediately.

Quarterly and Annual subscriptions are sold at a discount in exchange for paying up front and committing to a longer subscription period.

1:1 Mentoring
If you purchase one to one mentoring or access to weekly session no refunds will be entertained after three sessions have been delivered. Up until that point refunds will be made based upon the following schedule:

9 or all sessions remain - 50% refund
<=8 remaining sessions - no refund

This refund structure recognizes the fact that the educational value in mentoring is front-loaded and that once mentoring has been purchased other students are turned away, resulting in loss of business. The earliest sessions deliver the greatest value and the latter sessions provide incremental value as the student's knowledge grows.

Mentoring sessions may not be held on certain weeks due to public holidays or other commitments from either party with minimum 24 hours notice. There is no requirement to attend consecutive sessions but all ten sessions must be attended within one calendar year of purchase.

In the event that Coghlan Capital cancels any of the Paid Services that you are presently subscribed to, you agree that we may transfer your subscription to another Paid Service of equal or greater value. You may cancel your subscription to the new Paid Service at any time and receive a pro-rated refund.

Coghlan Capital reserves the right to cancel your subscription for Paid Services at any time for any reason or no reason.


Special Offer Trial Access
The special offer trial provides access to the Morning analysis service for three days and is only offered to new members that have never previously been a member of Morning Analysis. If a trial is commenced on Monday at 9:45AM then it will convert to a full membership at 9:45AM on Thursday. To prevent converting to a full Morning Analysis member simply email us at cancel@coghlancapital.com stating the username that needs to be canceled. You will then not be billed further. Failure to cancel by the three day anniversary WILL result in your account converting to the full membership, billing at the then current monthly rate. Access to Morning Analysis content is restricted to the last one week's worth of content whilst on the trial. This is purely to prevent site scraping.


Coghlan Forex is an educational service that allows members to follow intraday, short term trades being taken by a currencies trader. It is a membership which AUTO-RENEWS on the monthly anniversary of the original subscription. If you wish to cancel your membership you can do so by sending an email to cancel@coghlancapital.com. Once we receive your cancellation request, your access to the service will be discontinued at the end of the current billing cycle. You must provide us with notice prior to the anniversary of your renewal to prevent being billed again. Refunds, including pro-rated refunds, will not be issued once a member has viewed ANY member-only page, in any billing cycle.


MetalsTrades is an educational service that allows members to view trades being taken by a professional metals trader, Andrew Maguire. It is a membership which AUTO-RENEWS on the monthly, quarterly or annual anniversary of the original membership. If you wish to cancel your membership you can do so by sending an email to cancel@coghlancapital.com. Once we receive your cancellation request, your access to the service will be discontinued at the end of the billing cycle. You must provide us with notice prior to the anniversary of your renewal to prevent being billed again. Refunds, including pro-rated refunds, will not be issued once a member has viewed ANY member-only page or content, in any billing cycle or in the event alerts are set up to receive posts or commentary.

Credit card processing costs
Where an order is properly processed, either at the request of a member or as a result of a renewal, and subsequently reversed for ANY reason a credit card processing fee of 3.5% will apply to cover the cost of processing.

Site Content
The Site and Content available through the Service may contain links to other websites which are completely independent of Coghlan Capital. Coghlan Capital makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Coghlan Capital, its affiliates, or partners be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available via the Service.

Coghlan Capital, its affiliates and partners, shall have no liability for investment or other decisions based upon any Content and/or decisions based upon a contrarian view of any Content. The Content is to be used for informational and entertainment purposes only and we cannot provide investment advice for any individual. We advise that you contact your personal broker before making any investment related to any information received from the Site. Coghlan Capital, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.

The video content and the video player (the "Video Content") is posted solely for informational and entertainment purposes only. In no way should the Video Content be construed to be personal investment advice, nor should you rely solely on the Video Content for your investment strategy. By using our Service, you agree that you alone bear responsibility for your own investment research, analysis and decisions.We do not vet , take responsibility for or make any claims with respect to the accuracy, reliability or completeness of the data, information and/or opinions provided within Video Content.

Video content is for viewing within the website only. Downloading of the content is forbidden and may result in immediate barring from the site.

Webinars are from time to time offered to members and non-members. Participants may be removed from the webinar for any or no reason.

We advise that you contact your personal broker or financial advisor before making any investment based on the any Content received from, or viewed through, the Site. Coghlan Capital, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter. The Content and all rights associated with such Content, intellectual and other, are the property of Coghlan Capital, its affiliates, or partners. Users may not alter, in any way, the Content. Users are also restricted from embedding the Content in any other website without prior consent from Coghlan Capital. In no instance shall Coghlan Capital consent to embedding the Content in any website that hosts unlawful, indecent, defamatory, libelous, offensive, pornographic or hateful links to illegal or infringing content, or to content that is otherwise objectionable to Coghlan Capital at its sole discretion.

Access to the Service
Coghlan Capital grants you a limited, revocable, nonexclusive license to access and use the Service and the Content for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Coghlan Capital in writing. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Coghlan Capital. In the event that any member distributes content in any member only area of the site to a non member without express written permission, Coghlan Capital reserves the right to immediately cancel te offending member's account with no warning.

Copyright
Pursuant to U.S. Copyright law, damages for liability or infringing a copyright may amount to $30,000 per infringement and, in the case of willful infringement; the amount may be up to $150,000 per infringement, in addition to the recovery of costs and attorneys' fees.

Any disclosure or use, distribution, dissemination or copying of information posted as part of the Paid Service is strictly prohibited and is not warranted in any manner whatsoever. The information is for the use of our clients only.

The information posted as part of the Paid Services is not necessarily complete and its accuracy is not guaranteed by Coghlan Capital LLC. Principals of Coghlan Capital LLC may or may not hold or be short of securities discussed herein, or of any other securities, at any time. The information provided as part of the Paid Services does not constitute a solicitation for the purchase of any future or security referred to as part of any post, chart or video posted as part of the Paid Services.

User Conduct
You agree not to use the Service to:
in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service;
post or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

post or otherwise make publicly available on the Service any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

post or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service.

forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted by you;

post or otherwise make available any information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

or intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.

Copyright Complaints
We respect the intellectual property rights of others and we prohibit Users from posting or otherwise transmitting on the Service any materials that violate another party's intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Coghlan Capital at abuse@coghlancapital.com or:

Coghlan Capital LLC
217 Oak Lee Dr, Ste 10-451
Ranson WV, 25438
Re: Copyright Infringement

Please provide us with the following Notice:

a) Identify the Content on the Service that you claim is infringing, with enough detail so that we may locate it on the Service;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Coghlan Capital will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act ("DMCA").

Privacy
We care about the privacy of our Users. Click here to view the Coghlan Capital's Privacy Policy. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Termination
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. In such instances you will be refunded any remaining credit for membership fees on a pro rata basis.

Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

Arbitration
YOU AND THE COMPANY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the User conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules (the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose.

Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms of Use or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service.

Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior agreements between you and the Company relating to your use of the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.