Day Trading Zones Disclaimer
Disclaimer and License Agreement
THE DAYTRADINGZONES.COM PROBABILITY TOOL SUITE SOFTWARE IS A TOOL AND NOT A TRADING SYSTEM THAT GIVES SPECIFIC BUY AND SELL TRADING SIGNALS OR RECOMMENDATIONS. INSTEAD, IT IS A TECHNICAL ANALYSIS TOOL THAT PROVIDES ITS USERS WITH A PROPRIETARY METHOD OF ANALYZING THE MARKETS.
IT IS EACH USER’S RESPONSIBILITY TO DETERMINE HIS OR HER OWN SPECIFIC ENTRIES, EXITS AND STOP PLACEMENTS, WHICH MAY VARY FROM THOSE OF OTHER TRADERS DUE TO INDIVIDUAL DIFFERENCES IN TRADING STYLE, FINANCIAL MARKET EXPERIENCE, TRADING EXPERTISE, FINANCIAL AND ECONOMIC OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, ACCOUNT SIZE AND NUMBER OF CONTRACTS TRADED, THEREBY PRODUCING DIFFERENT TRADING RESULTS FROM ONE TRADER TO ANOTHER.
HYPOTHETICAL 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 HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL 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 WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. FUTURES, STOCKS, FOREX AND OPTIONS TRADING INVOLVES RISK, IS NOT FOR EVERY TRADER, AND ONLY RISK CAPITAL SHOULD BE USED.
THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING AND PARTICIPATING IN THE FINANCIAL MARKETS AND THAT THIS RISK IS PRESENT EVEN WITH THE USE OF A TOOL LIKE DAYTRADINGZONES.COM PROBABILITY TOOL SUITE WHICH DOES NOT ELIMINATE THE RISK, OR GUARANTEE PROFITS OR THE AVOIDANCE OF LOSSES. WHILE THIS RISK CAN BE MANAGED AND EVEN REDUCED, IT CAN NEVER BE ELIMINATED. GIVEN THIS RISK, IT IS NOT PRUDENT OR ADVISABLE TO MAKE TRADING DECISIONS THAT ARE BEYOND YOUR FINANCIAL MEANS OR INVOLVE TRADING CAPITAL THAT YOU ARE NOT WILLING AND CAPABLE OF LOSING.
DAYTRADINGZONES.COM’S PRE MARKET EDUCATIONAL VIDEOS PROBABILITY TOOL SUITE FORECASTS DO NOT CONSTITUTE TRADING ADVICE OR AN ENDORSEMENT OR RECOMMENDATION BY DAYTRADINGZONES.COM OF ANY TRADING METHODS, PROGRAMS, SYSTEMS OR ROUTINES. DAYTRADINGZONES.COM ARE NOT LICENSED BROKERS OR ADVISORS AND DO NOT OFFER TRADING ADVICE.
GOVERNMENT REGULATIONS REQUIRE DISCLOSURE OF THE FACT THAT WHILE THESE METHODS MAY HAVE WORKED IN THE PAST, PAST RESULTS ARE NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. WHILE THERE IS A POTENTIAL FOR PROFITS THERE IS ALSO A RISK OF LOSS. A LOSS INCURRED IN CONNECTION WITH TRADING FUTURES CONTRACTS CAN BE SIGNIFICANT. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION SINCE ALL SPECULATIVE TRADING IS INHERENTLY RISKY AND SHOULD ONLY BE UNDERTAKEN BY INDIVIDUALS WITH ADEQUATE RISK CAPITAL.
THERE IS SUBSTANTIAL RISK IN TRADING. A LOSS INCURRED IN CONNECTION WITH FUTURES TRADING CAN BE SIGNIFICANT. DAYTRADINGZONES.COM MAKES NO CLAIMS WHATSOEVER REGARDING PAST OR FUTURE PERFORMANCE.
By using DAYTRADINGZONES.COM or any of its affiliates services including any content contained therein, you agree, that use of the Service is entirely at your own risk. DAYTRADINGZONES.COM is not a registered investment advisor or a broker-dealer. You assume the entire cost, and risk of trading and are solely responsible for any and all gains and losses, financial, emotional or otherwise, experienced suffered or incurred by you.
We assume no responsibility or liability for your trading and investment results.DAYTRADINGZONES.COM may have positions in Emini contracts mentioned on this website services and products and is under no obligation to disclose the amount of the position or when it was acquired.
CFTC RULE 4.41 it is mandatory to make the following statement.
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.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or others.
Subscribers agree to pay a recurring license subscription fee (whatever the term is you selected, for instance monthly, every 3 months, every 6 months) and agree to the Terms of Use of DAYTRADINGZONES.COM site. They govern the use of our site by registered subscribers. Once you authorize us to charge your PayPal account the recurring license subscription fee (whatever the term is you selected, for instance monthly, every 3 months, every 6 months) on our behalf and you register with DAYTRADINGZONES.COM (registration constitutes your agreement to this Subscription Agreement and the Terms of Use), you will be given access to your members area and use of the DAYTRADINGZONES.COM Probability Tools.
If you wish to cancel your license subscription fee with us, go to our website’s Members page and log into the Manage Subscription section to cancel your subscription online by yourself before the time of your expiration. However, monthly subscription fees which have been charged to your PayPal account in the past will not be refunded to you, in whole or in part. DAYTRADINGZONES.COM has the right to cancel your subscription and terminate this agreement if you fail to observe any provision of this Subscription Agreement or any of the Terms of Use of our site OR FOR ANY REASONS. We also can cancel your subscription if authorized charges to PayPal account are not honored, or if DAYTRADINGZONES.COM is no longer authorized to charge your PayPal account. Upon cancellation, you will be denied further access to the restricted portion of the DAYTRADINGZONES.COM site and denied use of the DAYTRADINGZONES.COM Probability Tools. DAYTRADINGZONES.COM will have no obligation to return any portion of the subscription fees you have paid prior to cancellation.
DAYTRADINGZONES.COM LICENSE AGREEMENT
This is a legal agreement (the “Agreement”) between you (“Licensee” or “You”) and DAYTRADINGZONES.COM (“DayTradingZones.Com”).
Carefully read this Agreement before installing the DAYTRADINGZONES.COM Probability Tool Suite Software (“DAYTRADINGZONES.COM”) on your computer.
By clicking the “I Understand and Agree to the Terms” button when it was presented on the checkout screen before you made your payment with the DAYTRADINGZONES.COM License Agreement, or buying or downloading or installing the DAYTRADINGZONES.COM Licensed Package, the Licensee indicates its understanding and acceptance of the terms of this Agreement, and is intending to create an electronic signature affirming its full understanding and agreement to be legally bound by all of the terms and conditions of this Agreement, agrees to execute this Agreement electronically and agrees that this Agreement is enforceable like any written negotiated agreement signed by Licensee, and is entering into a binding legal contract.
This Agreement governs and relates to Licensee’s selection of, and payment for, one or more DAYTRADINGZONES.COM products (“DAYTRADINGZONES.COM Products”) to license (“License”) for Licensee’s personal use (“Your Software”).
The components of Licensed Package are listed in Exhibit A to this Agreement. This Agreement will remain in effect until it is terminated in accordance with Section 13 below.
We strongly recommend that the Licensee uses the Licensed Package on a simulator for 2-3 weeks to get used to using the Licensed Package before trading with real money.
Licensee acknowledges that competing products and services are readily available and has a 30 Day Customer Satisfaction Guarantee. Therefore, Licensee waives any right to assert that this Agreement is an unconscionable, improper or illegal contract of adhesion.
1. Non-exclusive License. DAYTRADINGZONES.COM hereby grants to Licensee a non-exclusive, non-assignable and non-transferable limited License to use Licensed Package subject to the terms and conditions set forth in this Agreement and subject to the payment by Licensee to DAYTRADINGZONES.COM of the necessary fees as specified by DAYTRADINGZONES.COM.
2. Restrictions on Use. The licensee shall not copy, reprint, reproduce, duplicate or modify any part of Licensed Package (electronically or otherwise) or assist any other party in doing so either during or after the term of this Agreement. Licensee agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Licensed Package or information made available to Licensee under this Agreement. Licensee further agrees not to create derivative works based upon Licensed Package, or allow or authorize others to do so. Licensee shall not rent, lease, or lend Licensed Package, provide commercial hosting services with Licensed Package or use Licensed Package in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of the Licensed Package in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, online forums, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose, including any commercial venture or purpose in which the Licensee seeks to receive a fee for service. Licensee represents and warrants that Licensee will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Licensed Package is in any way a part of the said commercial business venture. Notwithstanding all of the above, Licensee may make one copy of any software programs contained in Licensed Package for purposes of backup only and may only transfer such copy to one of Licensee’s hard disks. Any such copy made must include the appropriate copyright notice as contained on the copy in Licensed Package originally provided to Licensee.
3. Restrictions on Disclosure. Licensee shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Licensed Package or any part thereof or any output derived from the use of Licensed Package, in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Licensee’s own brokerage account. Licensee shall not use Licensed Package or any part thereof on more than one computer at any time whether on a network or otherwise. If Licensee intends to use Licensed Package in the furtherance of Licensee’s business enterprise or for any commercial business venture (for example, but not limited to, banks, hedge funds, prop-trading firms, trading LLC’s with more than 1 member, etc.) The licensee shall not use Licensed Package without first agreeing to the Commercial Business Addendum to this Agreement and payment of the fees prescribed by DAYTRADINGZONES.COM for such use. If you have a doubt if this applies to you, contact us at [email protected].
4. Liability for Unauthorized Use or Disclosure. Licensee acknowledges that any unauthorized use or disclosure of Licensed Package will diminish the value of DAYTRADINGZONES.COM and its products and will cause irreparable and continuing damage to DAYTRADINGZONES.COM for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, DAYTRADINGZONES.COM will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.
5. Title. Licensee acknowledges that all title to and ownership rights in Licensed Package and any part thereof, including all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto (herein collectively referred to as the “Licensed Package & All Derivations”), all Updates (as defined below), and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned and/or exclusively licensed by DAYTRADINGZONES.COM. The licensee shall not acquire any rights in Licensed Package & All Derivations of such Licensed Package, or any part thereof, or in any Update by virtue of this Agreement.
6. Disclaimer of Warranties. LICENSEE ACKNOWLEDGES THAT DAYTRADINGZONES.COM HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF, OR ACCESS TO, THE LICENSED PACKAGE WILL BE UNINTERUPTED, ERROR FREE OR WITHOUT INACCURACIES OR DELAY DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION NATURAL CATASTROPHIES; GOVERNMENTAL ACTS; POWER FAILURE, BREAKDOWNS OR FAILURE OF COMMUNICATIONS SYSTEMS OR THE INTERNET; PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED; TECHNICAL FAILURE OF THE LICENSED PACKAGE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS OR OMISSIONS OF THIRD PARTIES. LICENSEE ACKNOWLEDGES THAT DAYTRADINGZONES.COM MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF LICENSED PACKAGE FOR USE BY LICENSEE, AND THAT LICENSEE SHOULD DETERMINE FOR HIMSELF OR ITSELF WHETHER, AND TO WHAT EXTENT, THE USE OF LICENSED PACKAGE IS SUITABLE FOR LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT DAYTRADINGZONES.COM MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO LICENSED PACKAGE, OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OPERATION, OR RELIABILITY THEREOF; OR TO THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY DAYTRADINGZONES.COM OR A THIRD PARTY; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED USE BY LICENSEE. DAYTRADINGZONES.COM DOES NOT REPRESENT OR WARRANT THAT THE MARKETS WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE. DAYTRADINGZONES.COM MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF.
Licensee acknowledges that DAYTRADINGZONES.COM is not a market data provider, that Licensee will need to obtain data compatible to DAYTRADINGZONES.COM from an independent, third-party data provider at Licensee’s expense, and that DAYTRADINGZONES.COM and DAYTRADINGZONES.COM do not have mechanisms for, and do not endeavor to detect, errors, omissions, data non-delivery, data mis-delivery or other problems with the data provided by Licensee’s data provider, and that it is the data provider’s, not DAYTRADINGZONES.COM’, duty to notify Licensee of any such errors, omissions, or other problems with the data provided. Accordingly, DAYTRADINGZONES.COM shall not be responsible for any errors, omissions or other problems in the data used by Licensee in conjunction with Licensed Package or any disruptions in the provision or transmission of such data by the Licensee’s data provider to the Licensee’s computer, which could cause the Licensed Package to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.
7. Damages. NEITHER DAYTRADINGZONES.COM NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF LICENSED PACKAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, INVASION OR LOSS OF PRIVACY, OR FOR BREACH OF ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, NEGLIGENCE OR OF WORKMANLIKE EFFORT), HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS OR INACCURACIES IN DAYTRADINGZONES.COM, DOCUMENTATION OR OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR SERVICE FURNISHED TO LICENSEE BY DAYTRADINGZONES.COM IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF DAYTRADINGZONES.COM HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, INACCURACIES OR SUCH DAMAGES OR CLAIM. LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT DAYTRADINGZONES.COM IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE, INTERNET CONNECTION, TELEPHONE, DATA FILES OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF LICENSED PACKAGE.
8. Updates. DAYTRADINGZONES.COM agrees but is not obligated, to advise Licensee of any modifications, enhancements, and updates to Licensed Package.
9. The sole purpose of customer support is to assist the Licensee in the functioning of the Licensed Package, no trading advice will be provided.
10. Speculative Nature. Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of Licensed Package. Licensee acknowledges and understands that Licensed Package provides information regarding possible future market movements based upon historical analysis of past market movements, that Licensed Package does not provide specific trade recommendations including buy and sell signals, that the individual markets comprising the Market Applications may not behave as indicated by the output derived from the use by Licensee of Licensed Package and that Licensee bears the sole risk for all orders for trades placed by Licensee as a result of considering such output. Licensee also acknowledges that DAYTRADINGZONES.COM and documentation furnished by DAYTRADINGZONES.COM in Licensed Package are an analytic tool only and are not intended to replace Licensee’s individual research or receipt of professional investment advice, and that neither the Licensed Package nor the Initial Support related to the Licensee’s use of the Licensed Package constitute the provision of trading advice or an endorsement or recommendation by DAYTRADINGZONES.COM of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS LICENSE AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS LICENSE AGREEMENT OR ANY PROMOTIONAL MATERIALS LICENSEE HAS REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY DAYTRADINGZONES.COM OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF LICENSED PACKAGE INCLUDING THAT OF ITS PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT DAYTRADINGZONES.COM ALSO MAKES NO GUARANTEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT DAYTRADINGZONES.COM IS AN ANALYTIC TOOL AND NOT A TRADING SYSTEM AND THAT DAYTRADINGZONES.COM MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. LICENSEE ASSUMES FULL RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE’S TRADING RESULTS SUCH THAT HIS OR ITS PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING LICENSED PACKAGE AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS DAYTRADINGZONES.COM RESPONSIBLE FOR LICENSEE’S TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES. FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. LICENSEE AGREES THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN LICENSED PACKAGE OR IN ANY OF DAYTRADINGZONES.COM’ PROMOTIONAL MATERIALS. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL 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, WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
11. Hold Harmless; Indemnification; Release; Covenant Not to Sue. Licensee agrees to release, indemnify and hold harmless DAYTRADINGZONES.COM, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of Licensed Package or trading decisions and payment of any fees associated with the License. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Licensed Package or the promotion or marketing thereof.
12. Intended Use. It is agreed by the parties that commodity and financial futures, Forex, ETF, and equities traders in the furtherance of their investment pursuits are the intended users of Licensed Package. Licensed Package is not designed for educational use or uses outside the commodity and financial futures, Forex, ETF, and equities fields. Licensee hereby represents to DAYTRADINGZONES.COM that Licensee is aware of the risks associated with the commodity and financial futures, Forex, ETF and equities fields and any program of trading therein.
13. Term. This Agreement shall remain in effect until terminated, without notice, upon breach by Licensee of any of the conditions set forth in Sections 2 or 3 above. If the License fee is refunded the License will be immediately terminated.
14. Attorney’s Fees. In the event DAYTRADINGZONES.COM should be required to take legal action to enforce any of the provisions of this Agreement, DAYTRADINGZONES.COM may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from the Licensee whether or not litigation results. This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Licensee against DAYTRADINGZONES.COM, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by DAYTRADINGZONES.COM of the provisions of this Section.
15. Construction. Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
16. Entire Agreement. The parties agree that this Agreement is the entire License Agreement between them governing the use of Licensed Package by the Licensee and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof.
17. No Fraud or Reliance on DAYTRADINGZONES.COM Representations. Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by DAYTRADINGZONES.COM or its agents or representatives that are not set forth in this Agreement.
18. Severability. If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.
19. License Refund Policy. To avoid abuse of the refund guarantee, we will only give one refund in a 12 month period for the same individual, same credit card.
20. Additional Acknowledgements. LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S CHOICE BEFORE ENTERING INTO THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF DAYTRADINGZONES.COM, UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY LICENSEE OF DAYTRADINGZONES.COM ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
21. Risk Disclosure: Futures and forex trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones’ financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.”
22. “Hypothetical Performance Disclosure: Hypothetical 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 hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk of 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 which cannot be fully accounted for in the preparation of hypothetical performance results and all which can adversely affect trading results.”
23. Trade Results Disclosure: “All trades presented are NOT TRADED IN A LIVE ACCOUNT and should be considered hypothetical.”
24. Testimonials Disclosure: “Testimonials appearing on this website may not be representative of other clients or customers and is not a guarantee of future performance or success.”
25. Trade/Training Room Disclosure:
“This presentation is for educational purposes only and the opinions expressed are those of the presenter only. All trades presented should be considered hypothetical and should not be expected to be replicated in a live trading account.”
EXHIBIT “A”
LICENSED PACKAGE
DAYTRADINGZONES.COM PROBABILITY TOOL SUITE Analysis Software includes:
DAYTRADINGZONES.COM PROBABILITY ZONES
DAYTRADINGZONES.COM PROBABILITY TREND
DAYTRADINGZONES.COM IMMEDIATE TREND PROBABILITY