1. I am purchasing a software package that will be electronically downloaded into my personal computer and upgraded from time to time by Company, and therefore there is no opportunity for refund or return. The amount I spend to purchase the Company software is non-refundable.
2. I understand that personal profitability is based on my use of the software and based upon my ability to recognize indicia and promptly execute trades using reasonable computer skills. I recognize that all trades I make are solely at my own risk and further that any decisions to execute trades are done completely at my discretion and are my sole responsibility.
3. Purchase of the Company software or any other product through Company creates a license agreement between purchaser and Company. Said license permits the software to be used on only one computer at a time for the benefit of only one trader. Any reproduction or retransmission of the signal without the express written permission of Company is strictly prohibited. Any sharing of information or signal provided by Company will result in immediate termination of signal without refund of any monies paid. Trading rooms operated by anyone other than Company are prohibited.
4. I further understand and agree that the software signal and or any other product of Company (for example the ONIT Program software or commentary provided by coaches or chat) are provided specifically for me. I agree that in the event the signal, commentary, or anything associated with a product sent to me is copied, transmitted (orally or otherwise), shown (electronically or otherwise) for purposes of influencing a third party to execute a live trade, such will result in the Company being damaged in an amount of not less than one million ($1,000,000) dollars or such greater amount as may be determined by binding arbitration with the America Arbitration Association. I further agree to be personally liable for such damages.
5. Federal, state, local and Securities and Exchange Commission laws, rules, or regulations particularly SEC Rule 4.41 (B) PROHIBITS ANY PERSON FROM PRESENTING THE PERFORMANCE OF ANY SIMULATED OR HYPOTHETICAL FUTURES ACCOUNT OR FUTURES INTEREST OF A CUSTOMER TRADING ACCOUNT, UNLESS A DISCLOSURE STATEMENT ACCOMPANY THE PRESENTATION. THE STATEMENT DESCRIBES THE LIMITATIONS OF SIMULATED OR HYPOTHETICAL FUTURES TRADING AS A GUIDE TO THE PERFORMANCE THAT A CUSTOMER TRADING ACCOUNT IS LIKELY TO ACHIEVE IN ACTUAL TRADING. COMMISSION RULE 4.41(B)(1)(I) HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY 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 PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
6. Trading in the commodities markets involves substantial risk of loss and this is not appropriate for everyone. You should carefully consider your financial condition before trading in these markets and only risk capital should be used. The Company software is used in conjunction with indices traded at the Chicago Mercantile Exchange and other markets. These markets are perhaps the most volatile of all potential markets and often experience large daily price movements. In addition, these markets are often illiquid, making it difficult to execute orders at desired prices. Also, during periods of extreme volatility, trading in these markets may be halted due to so called “circuit breakers” put in place by the exchange to alleviate such volatility. In the event of a trading halt, it may be difficult or impossible to exit a losing position. The best way to minimize your exposure in such situations is to exit any active trade making yourself flat, cancel all working orders and refrain from trading until normal trading conditions return
7. In addition, market conditions alone may make it impossible to exit a position during a daily trading session, thus creating the possibility of a margin call. Company is not responsible for damages or losses caused by any delays, defects or omissions that may occur in services provided by the Company or any other party. Any content provided by Company shall not be the basis for any claimed damage whether actual, alleged, consequential or punitive. Company makes no representation or guarantee as to products and shall have no liability for any electronic content delivered by any third party, including without limitation its accuracy, subject matter, quality or timeliness.
8. Company makes no claim to the accuracy of the Company software or the percentage of correct trading recommendations declared. Further the Company makes neither claim nor guarantee as to customer/authorized re-sellers success in using the product. Use of the software requires some degree of individual skill.
9. By execution of this agreement I understand that I am solely responsible if I sustain any losses incurred through use of the Company software. All decisions to trade are my sole responsibility. Company is not responsible in any way for any potential losses sustained.
10. I further understand that in the event a decision to establish an account for trading is made, the funds placed in said account should be discretionary. Therefore I herewith declare that I am willing and financially able to sustain any losses possibly incurred through the use of this product.
11. Company is not liable for any financial losses whatsoever including but not limited to delays in signal transmission, delivery or execution of traders orders due to malfunction of communications, traders lack of understanding of terms used in trading, confusion of the rules of trading, facilities problems such as loss of power, computer problems, either related to software or hardware, internet problems or any other cause whatsoever.
12. All activities engaged in by traders are done strictly at his or her own risk. Any and all information furnished customers is provided without responsibility for its accuracy. Company website and all signal information provided shall not be the basis of any claim, or cause of action whatsoever against Company.
13. Any performance relied upon by comparing the Company software to any other product is based upon hypothetical trading information. Hypothetical or simulated performance results have inherent limitations. Unlike any actual performance record, simulated results do not represent actual trading. Also, since actual or real trades have not actually been executed the results may or may not reflect an actual market experience. Company makes no representation that a trading account will or is likely to achieve profits or losses similar to any shown.
14. Any report or article on our web site includes information deemed to be reliable and accurate as of the date of its publication, but no independent verification has been made and we do not guarantee its accurateness or completeness. Any reliance on information contained in these reports is at the sole risk of the readers.
15. In no event shall Company, or any Company re-seller, affiliate, shareholder, officer, director or employee, be liable to me (or anyone claiming for or through me) for any consequential, indirect or special damages; and in no event shall Company aggregate liability exceed $5995. ANY DISPUTES CONCERNING THE PURCHASE OF ANY PRODUCT FROM COMPANY OR ANY OTHER SOFTWARE PACKAGE PURCHASE OR USE, THE RE-SELLER AGREEMENT OR A RE-SELLER’S RELATIONSHIP WITH COMPANY OR OTHER RE-SELLERS SHALL BE SETTLED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA AND JURISDICTION AND VENUE SHALL BE HAD IN NEVADA AND FURTHER THAT ANY AND ALL DISPUTES SHALL BE RESOLVED BY THE AMERICAN ARBITRATION ASSOCIATION. I HEREBY WAVE ANY RIGHT I MAY HAVE TO RESOLVE ANY DISPUTE IN A COURT OF LAW IN ANY STATE.
16. Company Refund and Return Policy: There is no refund of the purchase price paid for the Company software or any other of the Company’s products. You are purchasing a software package that is downloaded into your computer for use and therefore is not refundable. The use of any portion of a month makes that month non-refundable. By signing this agreement you acknowledge you have read this “no refund” policy and agree to it before purchasing. On physical merchandise no opened packages will be accepted for refunds or returns. On all acceptable items for refund or return in exchange for other merchandise, there will be a 15% re-stocking charge*. If an item is defective, the 15% re-stocking charge will be waived and replacement product will be sent. Notice must be received in writing (E-mail is acceptable) by the Company prior to the 1st day of the month for refund. *Fee not applicable in Hawaii
17. Futures and Foreign Exchange Currency trading contains substantial risk, is not for every trader, and only risk capital should be used. Any form of trading, including options, hedging and spreads contains risk. Past performance is not indicative of future results. Margins are subject to change without notice. No representation is being made that any account will or is likely to achieve profits or losses. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss.
18. Practice in using the Company software is essential to success. As the purchaser, I hereby agree that before I fund my trading account and risk real money using the Company system trading live in the market, I will complete two weeks of simulated paper trading and an additional four weeks of simulated platform trading using the Simulation mode on Green Chart and the Demo mode in a practice trading platform provided by the broker of my choosing. I further agree to complete the education given to me with my training materials. I understand that shortening simulated trading time or failing to complete the education provided to me for stock market background information, will result in my failure to be a successful trader.
19. AS THE UNDERSIGNED, I HAVE READ AND UNDERSTOOD AND I DO HEREBY CONFIRM MY INTENT TO ACT WITHOUT DELAY TO IMPLEMENT THE CONTENTS OF THIS AGREEMENT. IN WITNESS HERETO, THE PARTY INTENDING TO BE BOUND HEREBY, HAS CAUSED THIS AGREEMENT TO BE DULY EXECUTED AND SIGNED AS OF THE DAY AND YEAR HEREAFTER WRITTEN OR AGREED TO ONLINE. I HEREBY AGREE TO THE TERMS AND CONDITIONS HEREIN.
Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
No Agency
You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to 711 S. Carson St. STE 4, Carson City NV, 89701 or to the email address you provide to Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to 711 S. Carson St. STE 4, Carson City NV, 89701 or to the email address you provide to Company during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Company during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Breach
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Fraud
Without limiting any other remedies, Company may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH COMPANY OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the "Agreement" or "User Agreement") for Company. If you reside outside of the United States, the party you are contracting with is Company. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of our site and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of Company. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a Company user. Please note: By accepting this User Agreement, you also agree that your use of other Company websites will be governed by the User Agreement and Privacy Policy posted on those websites.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and Company. This Agreement is effective upon acceptance in registration for new registering users,
Membership Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended Company members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your Company account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Before deciding to trade futures or foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with futures or foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
Company Market Opinionsy
Any opinions, news, research, analyses, prices, or other information provided by Company is provided as general market commentary, and does not constitute investment advice. Company will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
Internet Trading Risks
There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since Company does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. Company employs back up systems and contingency plans to minimize the possibility of system failure, and trading via telephone is always available.
Accuracy of Information
The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. Company has taken reasonable measures to ensure the accuracy of the information on the website, however, does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website.
DISTRIBUTION
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
1. Materials. This license applies to the computer readable information contained in the Company Software installation, including the Software, Data, Documentation, Program Diskettes, and all updates to the Software, Data, and Documentation, all of which constitutes the Materials. Company retains title and ownership of the Materials. United States copyright laws and International treaty provisions protect the Materials.
1. Non-Exclusive License. The original lessee (Licensee) of the Materials is authorized to use the Software, Data, and Documentation on a SINGLE COMPUTER at once. Licensee may not network the Software nor have access to the Software on more than one computer at any given time without paying for additional Licenses. This License is granted only to end users who are subscribing to and paying the Company monthly software use fee. Failure to pay the Company monthly software use fee will result in the immediate termination of this license and the termination of any and all rights to use the Software.
2. Fee Changes. Licensee acknowledges that the monthly software use fees are subject to change at any time without advance notice and that such fees may be billed based on applicable transactions. Licensee agrees to pay any such increases in fees.
4. Licensee may not: (a) Transfer the Software, Data, or Documentation to other parties by assignment, rental, sale, or other disposition; (b) Remove or obscure the Company copyright and trademark notices; (c) Decompile, disassemble, reverse engineer, or modify the Software code; (d) Devise or use any method that disables or defeats the software security and authorization.
5. Any breach of the above restrictions and license agreement is a violation of copyright law and will cause the immediate termination of this license. Company shall be awarded necessary costs including reasonable attorney's fees, damages, and court costs arising from any breach of the above restrictions and license agreement.
6. Limitation of Liability. This agreement will be governed by the laws of the State of Nevada. In no event will Company, or its sales agents, or its billing agents, distributors, and technical support staff be liable for damages, including, but not limited to, any loss of profits, business interruption, loss of business information, lost savings or investment funds, or other incidental or consequential damages or costs arising out of the use or inability to use the Materials. Company, will not be responsible for any losses resulting from investment decisions based upon the use of the Software or Materials. The Software is licensed to the Licensee with the understanding that Company, is not engaged in rendering any investment advice.
7. Privacy and Information. Company does not sell nor distribute Licensee account and computer information to any other Company. All information gathered by Company for account maintenance and software security is held in strict confidence. Licensee agrees to permit Company to obtain account and computer information necessary to maintain software security.
8. Disclaimer of Warranty & Limited Warranty. The Materials are provided "as is" without any warranty of any kind. The Licensee accepts the Software, Data, and Documentation, "as is", with all faults. In the case of a faulty installation, Company entire liability and Licensee's exclusive remedy shall be a replacement of the faulty installation program. No other verbal or written information shall increase the scope of this warranty agreement.
9. Miscellaneous. In the event a provision of this agreement shall be held unenforceable, it shall be deemed severable from the remaining provisions and shall not affect the enforceability of this agreement. To contact Company visit the “Contact Us” page on our website.