TERMS & CONDITIONS OF USE/DISCLAIMER
Changes may be made to the Disclaimer at any time. Accordingly, you also agree to review the Disclaimer regularly and your continued access or use of this server means that you agree to any changes to the Disclaimer.
This server has been issued for and on behalf of Traders Tech, LLC in relation to Traders Tech products & services.
BACKTEST PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN BACKTEST PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM OR STRATEGY.
ONE OF THE LIMITATIONS OF BACKTEST PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, BACKTESTING DOES NOT INVOLVE FINANCIAL RISK, AND NO BACKTEST TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM OR STRATEGY WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF BACKTEST PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
1. Copyright Information
All content, graphics and publications on this server are protected and may not be copied without the express permission of Trader Tech, LLC which reserves all rights. Re-use of any of Traders Tech content and graphics by user for any purpose is strictly prohibited. User understands that all pages viewed by subscription or trial are protected products of Traders Tech. User understands that it is illegal to forward or re-transmit these pages in any form without written authorization from Traders Tech. User also understands that he/she is prohibited from allowing any unauthorized person to view part or all of these pages. The user agrees that the use of the program and server is for personal use only and no information or trading information will be shared with, or distributed to, any third party including individual, broker or corporation. User agrees that if he/she should violate these terms, User accepts full financial liability to pay the annual subscription price for all additional readers or recipients and any other loss of revenue suffered by Traders Tech.
2. Terms & Conditions of Use – General
(a) Please read the Terms & Conditions of Use/Disclaimer as this contains important information regarding the use of this server. By accessing this server or purchasing/using any Traders Tech products & services, you accept and agree to be bound by, and comply with, the terms and conditions of use.
These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the server. The Terms & Conditions of Use/Disclaimer contains important information and warnings regarding the risks associated with trading and using Traders Tech products & services and should be accessed and read before reading the information for the Traders Tech products & services displayed on the server.
If you access and use this server, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the server.
(b) This Agreement may be terminated immediately by either party should the other party breach any term of this Agreement and such breach continue for five (5) working days after written notice has been served of such breach. Traders Tech may also terminate this agreement and the Traders Tech Subscription Agreement for good cause which shall include any act by the Subscriber which violates the Terms & Conditions of Traders Tech’s server.
3. Changes to Terms & Conditions of Use/Disclaimer
Traders Tech reserves the right to change the Terms & Conditions of Use or any material on this server at any time. Any such change will become effective immediately upon publication to this server. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this server.
4. Intellectual Property
This server and all information contained therein, including, without limitation, the look and feel of the server and all design, text, images, trademarks, trade names, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by Traders Tech or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this server, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by Traders Tech. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Traders Tech’s prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. Traders Tech’s trademarks, trade names, logos, images, and, service marks used on this server are the property of Traders Tech and may not be used without prior written permission from Traders Tech and then only with proper acknowledgment.
5. Disclaimers of Warranties and Liability
A. TRADERS TECH, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEE IN RELATION TO THE OPERATION OF THE TRADERS TECH TRADING SOFTWARE OR THIS SERVER NOR DO THEY MAKE ANY CLAIM THAT THE USE OF TRADERS TECH TRADING SOFTWARE OR THIS SERVER WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.
B. TRADERS TECH AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SERVER. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SERVER. TO THE FULLEST EXTENT PERMITTED BY LAW, TRADERS TECH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SERVER AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE TRADERS TECH TRADING SOFTWARE. TRADERS TECH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RESULTING FROM THE USE OF THE TRADERS TECH TRADING SOFTWARE OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SERVER OR ANY INFORMATION DISPLAYED ON THIS SERVER.
C. IN NO EVENT SHALL TRADERS TECH BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE TRADERS TECH TRADING SOFTWARE AND/OR THIS SERVER, EVEN IF TRADERS TECH SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
D. YOUR ABILITY TO ACCESS THIS SERVER MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS SERVER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER EXPRESSLY AGREES THAT USE OF THIS SERVER IS AT ITS OWN RISK.
E. TRADERS TECH DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS SERVER WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER’S INFORMATION OR PLATFORM.
7. User Obligations
Any person accessing or using this server undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this server, or any network or equipment supporting this server, any virus, worm, harmful code, Trojan horse or other disabling service; (b) not to attempt to interfere with or disrupt the server, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this server. Any violation of these obligations is grounds for denying a user access to and use of this server in addition to other available remedies.
8. No Recommendation
Trading involves substantial risk and is not appropriate for all investors. Please read this complete disclaimer for more information regarding the risks of trading. Information provided on the server, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.
9. Risks of Trading
All Traders Tech Trading Software applications are programs that use inputs you create to consider when making trades. In deciding whether or not wish to become involved in trading, you should be aware you could both gain and lose large amounts of money. Without limitation, you risk losing money because your inputs are incorrect, unforeseen market events, general market risks, emotional decisions, lack of proper testing, and more. You should discuss these matters further with your financial planner prior to commencing any trading.
10. The Traders Tech Trading Software
Use of the Traders Tech Trading Software, described in the pages of this server, is subject to the terms and conditions of the user agreement governing its use, which may change from time to time. However, you should be aware that:
(a) All Traders Tech Trading Software applications are programs that allow you to create inputs and evaluate trades based on those inputs. As such, Traders Tech, LLC does not provide recommendations to you as to when you should initiate, hold or close any position. No statement in the server, or the Traders Tech Trading Software is to be construed as investment advice, or a recommendation, solicitation or offer to buy or sell any option or any other security.
(b) The Traders Tech education and training material provided to users of Traders Tech Trading Software is only intended to provide users with a basic understanding of trading and how to use the Traders Tech Trading Software to trade.
(c) In providing the Traders Tech Trading Software and the related training, Traders Tech does not take into account a user’s investment objectives, financial situation and particular needs.
(d) Before making a trading decision a user should consider, with or without assistance of your own financial adviser or broker, whether the trade the user intends to make is appropriate in light of his particular investment needs, objectives and financial circumstances.
(e) It is recommended that your financial advisor or broker be consulted before making any decision to buy or sell any investment.
11. Not offering any personal advice
The information included on this server is provided only to give you a basic understanding of trading and the Traders Tech Trading Software and is not intended to provide specific financial or investment advice for you, and should not be relied upon in that regard. You should not act or rely on the information on this server without seeking the advice of your financial planner who will ensure that your own circumstances have been considered and that action is taken on the latest available information.
12. Members’ Area
Users of the Members’ area of this server are also obligated to abide by the terms, conditions and disclaimers provided in those pages of the server.
13. Use of Broker.
User agrees and acknowledges that the Traders Tech methodology does not provide personalized investment advice and that each Member must determine whether his or her income, net worth, risk capital and risk tolerance are appropriate for trading securities. It is strongly recommended that a financial planner or broker be consulted before any decision is made to buy or sell a security.
14. Dispute Resolution
This agreement shall be governed by the laws of the State of Wyoming. Any dispute arising out of or concerning this server or products offered or sold by Traders Tech shall be resolved by arbitration before the American Arbitration Association. All hearings shall be held, at the discretion and election of Traders Tech, in Sheridan, Wyoming. Traders Tech reserves the right, however, in its election to bring any action in a court of law whose situs is located in the State of Wyoming, Court of Sheridan, to enforce any legal or equitable right. Member agrees to waive any right Member may have to transfer or change the venue of any litigation brought against Member by Traders Tech.