TradeProbability.com Website Agreement
IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT ACCESS OR USE THE TRADEPROBABILITY.COM WEBSITE OR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE WEBSITE.
The TradeProbability.com Website (the “Website”) is an online information service provided by Trade Probability Research, LLC (“TradeProbability.com”), is provided only for entertainment, educational and marketing purposes and is provided only conditioned upon your acceptance without modification of the terms and conditions set forth below. For purposes of this Agreement, the term “Site” refers to all Information, Materials, Products and Services available on, provided from or through the TradeProbability.com Website. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. TRADEPROBABILITY.COM MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.1. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by TradeProbability.com, TradeProbability.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for TradeProbability.com identified information, products or services – all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with TradeProbability.com. You also understand that TradeProbability.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. TRADEPROBABILITY.COM AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS OR ENDORSEMENTS ABOUT THE SUITABILITY OF THE SERVICES OR INFORMATION CONTAINED ON THE SITE OR ELSEWHERE FOR ANY PURPOSE. ALL SUCH SERVICES AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TRADEPROBABILITY.COM HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SERVICES AND INFORMATION PROVIDED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND TRADEPROBABILITY.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM THE ACCESS OR USE OF SUCH SERVICE OR INFORMATION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ELSEWHERE. TRADEPROBABILITY.COM DOES NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. TRADEPROBABILITY.COM HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
All of the information on the Site is for entertainment, educational and marketing purposes only. None of the information on the Site should be considered solely reliable for use in making actual investment decisions. TradeProbability.com is an author and publisher of original content and a distributor (and not a publisher) of content supplied by third parties. None of the information on the Site is guaranteed to be accurate, complete, useful or timely. TradeProbability.com and its third-party providers do not warrant or guarantee such accuracy, completeness, usefulness or timeliness. TradeProbability.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized TradeProbability.com employees or spokespersons while acting in their official capacities. TradeProbability.com may make improvements and/or changes in the Information and/or the services described herein at any time. And while it is unlikely, the Site may cease publication at any time. Periodic updates to the Site are not guaranteed.
The trading or investing of stocks, futures, commodities, index futures, options, spot currency or any other securities involves substantial risk and is not suitable for all users of the Site. You must be aware of the risks and be willing to accept them in order to trade in any financial market or securities. You can lose money trading or investing and the loss can be substantial. No “safe” trading system has ever been devised, and no one can guarantee profits or freedom from loss. Losing trades can occur, have occurred in the past, and will occur in the future. Don’t trade with money you can’t afford to lose. It is possible to lose all of your principal and more.
We are not licensed stock brokers, investment brokers, investment advisors, financial planners or financial advisors. No statement within this Website or its affiliated products or services should be construed as a recommendation or solicitation to buy or sell any security or to trade any particular strategy or method or to provide any type of investment advice. Trading or investing is not suitable for all users of the Site. Anyone wishing to trade or invest should seek the advice of appropriate and competent legal, tax, financial, investment, and/or other necessary professional(s) prior to commencing any trading or investing activity including the use of any trading system or methodology found on the Site.
Before attempting to use a trading system or methodology discussed on the Site you should first test them yourself for an appropriate amount of time WITHOUT USING OR RISKING REAL MONEY. There are a number of excellent Paper Trading Programs and Back Trading Programs available online you can use to see how a trading system or methodology works real time in the real world WITHOUT risking any real money. YOU SHOULD PAPER TRADE FIRST before risking real money to determine for yourself whether a trading system or methodology is appropriate for you to be using.
You assume all risk associated with investment decisions made on the basis of information contained on the Site. It is our policy to never advocate the purchase or sale of any individual investment vehicle. You should also understand that TradeProbability.com, it’s third-party providers and their respective officers, directors and employees may be active traders and investors in the market and may or may not have open positions in any investment vehicle mentioned on the Site. None of the Information provided on the Site is intended to be financial advice, investment advice, trading advice or any other advice. The Information on the Site is general in nature and is not specific to you the User or anyone else. YOU SHOULD NOT MAKE ANY DECISION, FINANCIAL, INVESTMENTS, TRADING OR OTHERWISE, BASED ON ANY OF THE INFORMATION PRESENTED ON THE SITE WITHOUT UNDERTAKING INDEPENDENT DUE DILIGENCE AND CONSULTATION WITH A PROFESSIONAL BROKER OR COMPETENT FINANCIAL ADVISOR. You understand that you are using any information available on the Site AT YOUR OWN RISK. The past performance of any trading system or methodology is not necessarily indicative of future results. TradeProbability.com, it’s third-party providers, or content partners shall have no liability for investment decisions based upon Information on the Site.
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. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on the Site. The past performance of any trading system or methodology is not necessarily indicative of future results.
(Note: All performance results published on the Site regarding any trading system or methodology are generated by computerized backtesting and are therefore considered “Hypothetical or Simulated Performance Results” and do not represent trading in actual accounts.)
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 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.
Any Testimonials found on the Site are individual experiences and they do not mean you can or will experience a similar performance or outcome. Testimonials provide the view point of individuals who are successful and/or enthusiastic about their experience(s). Testimonials are not representative of all user experiences and only provide information about the provider’s experience(s) up to the point in time they were provided. Although all testimonials are authentic and accurately portray the overall content of the testimonial, statements made in the testimonials have not been verified. Testimonials are no guarantee of future performance or success.
IN NO EVENT WILL TRADEPROBABILITY.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF TRADEPROBABILITY.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TRADEPROBABILITY.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
TradeProbability.com makes no representations whatsoever about any other website which you may access through this Website or which may link to the Site. When you access a non-TradeProbability.com website, you understand that it is independent from TradeProbability.com, and that TradeProbability.com has no control over the content on that website. In addition, a link to or from the TradeProbability.com Website does not mean that TradeProbability.com endorses or accepts any responsibility for the content, or the use, of such website.
2. Copyright, Licenses and Idea Submissions.
Content of the Site – The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TradeProbability.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree 1) not to change or delete any copyright or proprietary notices from the materials, 2) not to make modification to the materials and 3) not to use the materials in a manner that suggests an association with any of our products, services, events or brands. Anything you download from the Site, any content, files, text or data, including but not limited to ebooks, software, video, audio, worksheets, checklists and all data accompanying them, is considered licensed to you by TradeProbability.com for personal, non-commercial use only. You may not add, delete, distort or misrepresent any content on the Site. You are not allowed to redistribute or sell any content or downloaded material from the Site or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Ideas and Communications You Submit – You agree to grant to TradeProbability.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as comments, bulletin boards, forums and newsgroups), through the use of our “How To Contact Us” form or by e-mail to TradeProbability.com by all means and in any media now known or hereafter developed. You also grant to TradeProbability.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against TradeProbability.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TradeProbability.com.
TRADEMARKS. Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of TradeProbability.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
You agree to indemnify, defend and hold harmless TradeProbability.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Site.
4. Third Party Rights.
The provisions of paragraphs 1 (Use of the Site), and 3 (Indemnification) are for the benefit of TradeProbability.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Use of the Service), 2 (Copyright, Licenses and Idea Submissions), 3 (Indemnification), 4 (Third Party Rights), 6 (Miscellaneous), 7 (Severability) and 8 (Entirety of Agreement) shall survive any termination of this Agreement.
This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and to be performed entirely within such jurisdiction. If you are using the Site from outsite the United States Of America, you are responsible for compliance with any applicable local laws. To the extent you have in any manner violated or threatened to violate TradeProbability.com and/or its affiliates’ intellectual property rights, TradeProbability.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Wisconsin, and you consent to exclusive jurisdiction and venue in such courts.
Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TradeProbability.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. TradeProbability.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
8. Entirety of Agreement.
This agreement constitutes the entire agreement between you and TradeProbability.com with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TradeProbability.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted through this agreement are reserved.