Terms and Conditions
You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. The Trade-Profit reserves the right, upon notice to you, to change or terminate this Agreement. You agree that your use of The Trade-Profit after notice of change to this Agreement, or if you do not close your work with Trade-Profit within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.
As an independent and self-directed investor, you acknowledge that you, alone, shall be responsible for determining the suitability of your investment choices and investment strategies, and you understand that Trade-Profit provides trading indicators designed to assist you to trade. Trade-Profit Staff shall assume no responsibility for investment choices or determinations. You shall not hold Trade-Profit or any of its employees or affiliates or the Staff liable for investment decisions. The Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that Trade-Profit does not give legal or tax advice. The Trade-Profit and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of Trade-Profit's indicators. Additionally, you agree that no fiduciary relationship is formed and no fiduciary duty is owed to either party of this Agreement, by virtue of your purchase. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this agreement and be bound thereby.
Trade-Profit's Products is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this Site.
All materials on www.Trade-Profit.com, including but not limited to audio, images, software, text, and video clips, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on www.Trade-Profit.com, limiting the use of the materials. Any unauthorized use of the materials on www.Trade-Profit.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Trade-Profit reserves the right to refuse any Purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your Purchase. Trade-Profit further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the The Trade-Profit Web site.
Trade-Profit makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site's content or its compliance with such local laws. You understand that the The Trade-Profit site is the only means of accessing Trade-Profit products. You agree that Trade-Profit shall not be liable for any losses or damages you incur as a result of the unavailability of The Trade-Profit Web site from foreign countries.
This Agreement will be effective only upon our approval of your purchase. Trade-Profit reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any Trade-Profit Purchase. The Trade-Profit further reserves the right to reject a Trade-Profit purchase for any reason.
As a Trade-Profit purchaser, you agree to be contacted or solicited by Trade-Profit partners, coachers, and/or brokers regarding offers.
Trade-Profit may terminate any or all services rendered under this Agreement at any time and for any reason. You agree to reimburse Trade-Profit for any collection costs relating to any unsecured debit balance in your purchase, including attorney's fees, court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in concert with others, including situations in which you have allowed third parties to use your purchase of the Trade-Profit products in any such manner, Trade-Profit shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $500 fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate Trade-Profit for the time and effort of Trade-Profit employees in rectifying said conduct.
You agree that your use of the Trade-Profit products will be licensed to a single (1) live trading account.
You agree that Trade-Profit will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorized access or operator errors.
You agree that Trade-Profit will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for other reasons.
Additionally, you understand that the Trade-Profit Web site is the primary means of processing your Trade-Profit purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, The Trade-Profit would not be liable for any losses or damages you might suffer as a result of such delays.
The Trade-Profit reserves the right to record telephone calls to monitor the quality of service you receive or for other purposes The Trade-Profit deems appropriate for its protection or for the protection of its customers.
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED.
THE Trade-Profit RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST YOU THROUGH THE STATE AND FEDERAL COURTS OF ILLINOIS OR OTHER APPROPRIATE JURISDICTION IN THE EVENT THE Trade-Profit DETERMINES YOU HAVE COMMITTED FRAUD OR OTHER CRIMES AGAINST THE Trade-Profit AND/OR THIRD PARTIES INVOLVING THE FUNDING OF, TRANSACTIONS IN, OR WITHDRAWALS FROM YOUR PURCHASE(S) WITH THE Trade-Profit. IN SUCH CASES, YOU SHALL BE DEEMED BY THIS AGREEMENT TO HAVE ACCEPTED.
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS DECERTIFIED, OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.
This Agreement will pass to the benefit of The Trade-Profit’s successors, assigns and agents. The Trade-Profit may assign its rights and duties under this Agreement to any of its successors, subsidiaries or affiliates without giving you notice, or to any other entity on prior written notice to you. In addition, you agree that this Agreement and all terms hereof, will be binding on your heirs executors, administrators and personal representatives and any assigns permitted by The Trade-Profit.
To the extent permitted by law, The Trade-Profit shall not be liable for any expenses, losses, damages, liabilities, demands, charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relating to investigating or defending any demands, charges and claims) ("Losses") by or with respect to the Purchase, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from The Trade-Profit’s gross negligence or willful misconduct and without limiting the generality of the foregoing, Trade-Profit will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
Trade-Profit shall have no liability for and you agree to reimburse, indemnify and hold Trade-Profit, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling The Trade-Profit harmless from all expenses (including legal expenses and reasonable attorney's fees), Losses or damages that result from: (a) your or your agents' misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) The Trade-Profit 's following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or Custodian, (d) the failure by any person not controlled by The Trade-Profit to perform any obligations to you, and (e) your failure to provide accurate information on your Trade-Profit Purchase Application or to update that information as required.
Waiver, Modifications and Amendments
The Trade-Profit's failure to insist on strict compliance with this Agreement or any other course of conduct on our party will not be deemed a waiver of Trade-Profit's rights under this Agreement.
The heading of each Section hereof is for descriptive purposes only and shall not be (a) deemed to modify or qualify any of the rights or obligations set forth herein or (b) used to construe or interpret any of the provisions hereunder.
This Agreement may be executed in any number of counterparts by you, each of which will constitute an original and all of which, when taken together, will constitute one and the same instrument.
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U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
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.