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| Why Try Our Forex Software? |
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| - Our software has greater than 85% accuracy* , our training strategies have shown an average of 40 pts a day profit*. |
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| - Everything you see is automatic , no manipulation or calculations , just crystal clear indicators! |
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| - 30 Day Money Back Guarantee! |
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| - Live Technical Support From Real Life Traders. |
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Disclaimer Risk Warning |
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Risk Disclosure
Please review any disclaimers associated with any and all referred
benefits offered by Trendsignal. It is suggested that a trader test a
potential trade and perform a proficient study of the market before an entry
or exit. It is the sole decision of a trader to enter the market and
such decision should not be based solely on rumor, software, or
media reports.
Trendsignal and its' representatives encourage future traders to not
trust opinions, rumors, software or fundamental announcements
without personally confirming a potential trade. Using a system of rules
and mechanical procedures rather than emotional reasons to prosper from
theorem is our secret of success.
Trading foreign exchange carries a high level of risk, and may not be
suitable for all investors. Before deciding to trade 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
althea risks associated with foreign exchange trading, and seek
advice from an independent financial adviser if you have any doubts.
Unique experiences and past performances do not guarantee future
results! Testimonials herein are unsolicited and are non-representative of
all clients; certain accounts may have worse performance than
indicated. Trading stocks, options and spot currencies involves substantial
risk and there is always the potential for loss. Your trading results
may vary. Because the risk factor is high in the foreign exchange
market trading, only genuine “risk” funds should be used in such trading.
If you do not have the extra capital that you can afford to lose,
you should not trade in the foreign exchange market. No “safe”
trading system has ever been devised, and no one can guarantee profits
or freedom from loss.
Trendsignal is not responsible for technical difficulties originating from
our software, from the data feed, or from any computer issues.
Trendsignal TM are trademarks of TrendsignalUSA
LLC Trendsignal software is an analytical tool only and does not
predict price trends. The purpose of Trendsignal member services is to
improve traders’ understanding of the software charts. Trendsignal programs
are for training and educational purposes only and in no way should
be considered as giving buy, sell or hold advice. Testimonials
included may not represent typical results. Unique experiences and
past performances do not guarantee future results. User is
solely responsible for all risks associated with use of the
products, services, and underlying data. Trading spot currencies
involves substantial risk of loss. The purchase of, sale of, or giving of
advice regarding foreign currencies can only be performed by a
licensed, registered, or exempt person. Trendsignal its owners,
employees, affiliates ,hosts, experts and guests do not give investment
advice, are not registered as brokers or advisor's with any federal or
state agency, and encourage consultation with a licensed
representative regarding any particular investment or the use of any
investment strategy.
COPYRIGHT INFRINGEMENT CLAIM NOTICE PROCEDURE - Copyright and Intellectual Property Policy
We respect the intellectual property of others, and we ask our users to
dote same. We assume no responsibility for content on other web
sites that you may find or access when using our products or
services. Material available on or through other web sites may be protected
by copyright and the intellectual property laws of the
United States and/or other countries. The terms of use of those web sites,
and not our Terms of Service, govern your use of that material.
It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts
fusers who may infringe or repeatedly infringe the copyrights or
other intellectual property rights of our company and/or others.
Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice
Pursuant to Title 17, U.S. Code § 512(c)(2), notifications of claimed
copyright infringement, or notification of other intellectual property
rights violation, should be sent ONLY to the Designated Agent below.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING
THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO
COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR
CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW.
YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.
Written notification of claimed copyright infringement must be submitted to
the following Designated Agent via the following routes:
sales@thefxsoftware.com
Under Title 17, § 51 2(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:
1. An
electronic or physical signature of the owner or of the
person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work, or works, that you
believe to have been infringed upon. The identification must provide
sufficient detail to specify the work. For example, an identification for a webpage might state, “The copyrighted work at issue is the text
that appears on http://www.original expression.com/original_page.html.”Where the work is another form of publication, the
identifying information could include the name, edition, ISBN number and pages of
book from which an excerpt was copied, the music album or single,
est.'s appropriate.
3. Clear description of where the infringing material is located on
our web site's), including, as applicable, its URL, so that we can
locate the material.
4. Information
reasonably sufficient to permit us to contact you. An email address
is preferred. Alternatively, you might provide your mailing address and/or
telephone number.
5. The
following statement: “I have a good-faith belief that use of
the copyrighted materials described above as allegedly infringing is
not authorized by the copyright owner, its agent or the law.”
6. The
following statement: “I swear, under penalty of perjury, that
the information in the notification is accurate and that I am the
copyright owner or am authorized to act on behalf of the copyright owner.”
Our privacy policy is as follows. It is possible these guidelines
may change from time to time so you should check back on occasion.
Spam
Wed not send unsolicited emails (spam). In addition, we never
share email addresses or other personal information with outside
companies. Any personal information provided to us by any visitor is kept
strictly confidential. We conform to all state and federal laws
regarding emailing.
Use of Personal Information
Any personal information we might have about any individual was
submitted to us by said individual. Any data we obtain is used for the purpose
of exposing visitors to relevant products and/or services that we
offer. We are committed to protecting all of the personal information that
we collect and do not distribute this information to unaffiliated
third parties.
Subscribers may opt out of our emails at any time. Instructions for opting out
are clearly communicated in each and every email message.
Cookies
Justas with most other websites, when you visit or interact with
our websites, we will most likely automatically note and record
the following information:
· IP - Internet Protocol Address
· ISP - Internet Service Provider
· Browser type and version
· Operating system
Security
We make every effort to protect the information provided to us. Please
beware that we cannot guarantee the security of any
information transferred over the Internet. You do so at your own risk.
All Trendsignal users are required to enter into a License Agreement
with Trendsignal before they are able to complete the installation of,
and use, Trendsignal. The license to use Trendsignal is in exchange
for both the payment for the license and the customer’s acceptance of
the License Agreement, which should be carefully read before
ordering Trendsignal. Below is the current Trendsignal License Agreement.
Trendsignal License Agreement
This is a legal
agreement the “Agreement”) between you (either an individual or an entity)(“Licensee”) and Trendsignal USA LLC, a
Florida limited liability company (“Trendsignal”). Carefully read
this Agreement before installing the Trendsignal Software (the “Software”)on your computer. There is also a hard-copy of this Agreement in
the back of the Software User’s Guide. By clicking the “Purchase”button, Licensee indicates its understanding and acceptance of
the terms of this Agreement and is entering into a binding legal contract.
This Agreement governs
and relates to your license (“License”) and use of certain parts of
the Software, including all component market categories (collectively
referred to as the “Trendsignal Software”), the Trendsignal
Software User's Guide, and related materials (such parts collectively
referred to in this Agreement as the “Licensed Package”). The components
of Licensed Package are listed on Exhibit A to this Agreement.
This Agreement will remain in effect until it is terminated in
accordance with Section 14 below.
Licensee acknowledges
that competing products and services are readily available and that
Licensees free to return the Licensed Package within the timeframe and
under the restrictions provided in this Agreement. Therefore,
Licensee waives any right to assert that this Agreement is an
unconscionable, improper or illegal contract of adhesion.
1. Non-exclusive License. Subject to the terms and conditions of this Agreement, in exchange
forth fees paid to Trendsignal by Licensee, Trendsignal hereby grants
to Licensee a non-exclusive, non-assignable and non-transferable
limited license to use Licensed Package according to the terms and
restrictions set forth in this Agreement and subject to the payment by Licensee
to Trendsignal of the necessary fees as specified by Trendsignal.
2. Restrictions on Use. Licensee shall not copy, reprint, reproduce, duplicate or modify
any part of Licensed Package (electronically or otherwise) or assist
another 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 any part or component
market category thereof, 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, 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
Packages in any way a part of 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 or
component market category 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
or component market thereof on more than one computer at any time
whether on a network or otherwise. If Licensee is registered with the
SCENES, NAN and/or CATCH in any capacity, or Licensee intends to
use Licensed Package in the furtherance of Licensee’s business
enterpriser for any commercial business venture, Licensee shall not use
Licensed Package without prior written permission from the President
of Trendsignal and prior payment of the fee proscribed by Trendsignal
for such use.
4.
Liability for Unauthorized Use or Disclosure.
Licensee acknowledges that any unauthorized use or disclosure
of Licensed Package will diminish the value of Trendsignal and
its products and will cause irreparable and continuing damage
to Trendsignal for which an adequate legal remedy will not
exist. Accordingly, Licensee stipulates that, if it breaches any of
its covenants in this Agreement, Trendsignal 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
unlicensed Package and any part or component market category
thereof, including, without limitation, 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 Trendsignal. Licensee shall not acquire any rights in Licensed Package &
All Derivations of such Licensed Package, or any part or component
market category thereof, or in any Update by virtue of this Agreement. Trendsignal shall retain all title to and rights in physical
materials included in Licensed Package and licensed under this Agreement.
6. Disclaimer of Warranties. TRENDSIGNAL’ SOLE AND EXCLUSIVE WARRANTY IS THAT THE SOFTWARE
FURNISHED TO LICENSEE IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER
NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF INITIAL
RECEIPT BY LICENSEE. If, under normal use, the software has such a
defect within the first ninety (90) days from the date of initial
receipt, Licensee is entitled to replacement of the defective
disk's) in accordance with Section 8 of this Agreement. LICENSEE
ACKNOWLEDGES THAT TRENDSIGNAL 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 TRENDSIGNAL 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
THESE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY,
PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY,
PRODUCTIVENESS, TIMELINESS, OR RELIABILITY THEREOF; OR AS TO THE MERCHANTABILITY OR FITNESS FOR
PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED
USE BY LICENSEE. TRENDSIGNAL DOES NOT REPRESENT OR WARRANT THAT THE
MARKETS COMPRISING THE COMPONENT MARKET CATEGORIES WILL BEHAVE AS INDICATED
BYTE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE. TRENDSIGNAL MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES
TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, ORIN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF.
Licensee acknowledges that Trendsignal is not a market data provider,
that Licensee will need to obtain and download daily end-of-day
data compatible to the Software from an independent, third-party
data provider at Licensee’s expense, and that Trendsignal and the
Software do not have mechanisms for and do not endeavor to detect
errors, omissions, or other problems with the data provided by Licensee’s
data provider, and that it is the data provider’s, not Trendsignal’, duty
to notify Licensee of any such errors, omissions, or other problems
with the data provided. Accordingly, Trendsignal 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. Trendsignal' entire and maximum liability shall be for replacement
of any defective disk. NEITHER TRENDSIGNAL 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, 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 IN THE SOFTWARE, DOCUMENTATION OR
OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR
SERVICE FURNISHED TO LICENSEE BY TRENDSIGNAL IN CONNECTION THEREWITH, AND
THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF TRENDSIGNAL HAS BEEN ADVISED
OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, OR SUCH DAMAGES
OR CLAIM. LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY
USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT TRENDSIGNAL IS
NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE,
INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE,
MODEM, TELEPHONE, OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF
LICENSED PACKAGE.
8. Fees for Updates and Customer Support. Trendsignal agrees to provide Licensee with reasonable
telephone customer support (herein referred to as "Initial Support") for a
period of twelve (12) months from the date of initial receipt of
Licensed Package by Licensee. Trendsignal agrees, but is not obligated,
to advise Licensee of any modifications, enhancements and updates
to Licensed Package including the availability of new component
market categories (herein referred to collectively as “Updates”) as they
rereleased by Trendsignal provided that Licensee has kept
Trendsignal current with updated contact information including email
address, mailing address, and daytime telephone number. Upon payment
of prescribed fees to Trendsignal, as Trendsignal may specify from time
to time for such Updates, Licensee will be entitled to receive and
use such Updates in accordance with this Agreement. If Licensee
chooses not to pay for such Updates as they become available, Licensee
will still be entitled to continue to use previous versions of
Licensed Package that Licensee had paid for. However, it is understood that
such previous versions will no longer undergo any further
modifications, neural network retraining, improvements or enhancements
by Trendsignal. Upon receipt of any Updates, if requested by
Trendsignal to do so, Licensee agrees immediately to return to Trendsignal
all previous versions of Licensed Package then in his or its possession.
9. Speculative Nature. Licensee acknowledges and understands the speculative nature of
the 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 markets comprising the component
market categories may not behave as indicated by the output derived from
these 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 the
Software and documentation furnished by Trendsignal 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 Licensed Package does not constitute the provision of
trading advice or an endorsement or recommendation by Trendsignal 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
individual skills and experience at performing technical analysis, knowledge
offend familiarity with the markets, effectiveness of individual
decision-making and decisiveness, and time availability to devote to
analyzing and trading the markets. 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 TRENDSIGNAL 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 TRENDSIGNAL ALSO MAKES
NO Guarantee OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT
IS ALSO UNDERSTOOD THAT THE SOFTWARE IS AN ANALYTIC TOOL AND NOT A
TRADING SYSTEM AND THAT TRENDSIGNAL 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
SOMETIME. UNDER NO CIRCUMSTANCES IS TRENDSIGNAL 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
MADERO 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 TRENDSIGNAL’ 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
TITHE 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. TRENDSIGNAL HAS HAD LITTLE OR
NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO
THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE PARTICULARLY
WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.
10. Hold Harmless; Indemnification; Release; Covenant Not to Sue. Licensee acknowledges it is fully aware of the hazards and
risks, including financial risks, associated with trading in commodity
and financial futures, Forex, ELF and equities and the use of
Licensed Package. In part consideration of the license granted herein,
Licensee agrees to release, indemnify and hold harmless Trendsignal,
its successors, affiliates and assigns, and each of their
respective officers, members, managers, directors, employees,
contractors, insurers and agents (collectively, the “Releases”), and waives
with respect to each Release, and covenants not to sue any
Release 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 or Updates. 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 Release in connection with
Licensed Package or the promotion or marketing thereof. However,
such Liabilities shall not include Trendsignal’ obligation, under Section 8above, to replace a defective software.
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
Packages not designed for educational use or uses outside the commodity
and financial futures, Forex, ELF and equities fields. Licensee
hereby represents to Trendsignal that Licensee is aware of the
risks associated with the commodity and financial futures, Forex,
ELF and equities fields and any program of trading therein.
EXPORT RESTRICTIONS. Licensee acknowledges that Licensed Package is subject to U.S.export jurisdiction. Licensee agrees to comply with all
applicable international and national laws that apply to Licensed
Package, including the U.S. Export Administration Regulations, as well
ascend-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties and fees where applicable.
13. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of Florida. This choice of law provision is intended to operate to the exclusion
offal) any choice of law or other law or provision that would result
in this Agreement or any disputes arising out of or related to
this Agreement being resolved by the decisional laws of any other state
or country and (b) any law or convention that would otherwise
apply including, but not limited to, the United Nations Convention
on Contracts for the International Sale of Goods. Licensee andTrendsignal each agree to submit to the jurisdiction of the courts
of the State of Florida in connection with any dispute or
litigation arising out of this Agreement, and they further agree that
the exclusive venue for bringing and maintaining any action to enforce
any aspect of this Agreement shall be in Bradenton , Florida . If
awarded, the total of all damages due to Licensee shall be in accordance
with Section 8 above. The parties hereby agree to waive any right to
have any issue resolved by a jury and cede to the Court all matters of
law and fact for resolution.
14. Term. This Agreement shall remain in effect until terminated by one or more of the following occurrences:
a. Breach by Licensee of any term or condition of this Agreement;
provided that, except as set forth below, Trendsignal shall give
Licensee written notice of such termination at the last known business
addressor Licensee. If Licensee fails to cure such breach within ten (10)days after such notice, Licensee shall immediately cease all use
of Licensed Package and immediately return Licensed Package and
all versions, parts and component market categories thereof and all
Updates in its possession, including any materials and documentation
related thereto to Trendsignal without prejudice to any other
rights Trendsignal may have.
b. Without notice, upon breach by Licensee of any of the conditions set forth in Sections 3 or 4 above.
Upon
termination due to any occurrence enumerated in Subsections 14(a) or 14(b)
above, Licensee shall immediately return to Trendsignal all parts
and component market categories of Licensed Package & All
Derivations and all Updates in its possession, including all copies,
documentation, and materials, without refund or credit and without prejudice to
another rights Trendsignal may have.
15. Refund.
Although every effort is made to ensure the security of
the product, software and Manuals; by their very nature
they are vulnerable to duplication therefore TrendSignal
operates a no-refund policy. Products will not
be refunded for any reason. Trendsignal makes
available unlimited access to live online
demonstrations to all potential purchasers to view the
software and its effectiveness prior to purchasing. The
decision to purchase with or without the benefit of this
demonstration is the choice of the purchaser and no
refunds will be made after purchase When purchasing
Trendsignal please carefully consider whether the
product is right for both you and your trading style,
whilst trading can provide fantastic rewards it requires
serious commitment and offers no guarantees
16. Successors. It is agreed that the benefits and the burdens of this Agreement
shall inure to the benefit of and be binding upon Trendsignal, its
successors and assigns, and Licensee, his or its successors, heirs, and
personal representatives.
17. Attorney’s Fees. In the event Trendsignal should be required to take legal action
to enforce any of the provisions of this Agreement, Trendsignal
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 Trendsignal, whether predicated on this Agreement or otherwise,
shall not constitute a defense to the enforcement by Trendsignal of
the provisions of this Section.
18. 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.
19.
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
another communications between them relating to the subject
matter hereof.
20. Modifications. The parties agree that this Agreement cannot be changed by any
oral statements, but only by an agreement in writing signed by both of
the parties.
21. Updated and/or Subsequent Versions of Licensed Package. The parties agree that this Agreement shall govern and control
all obligations of Licensee with respect to the current version of
the Licensed Package licensed to the Licensee and that any updated
and subsequent versions of Licensed Package including new component
market categories either added to the Licensee’s Portfolio or
otherwise provided to the Licensee by Trendsignal shall be governed by
the version of the License Agreement accepted by the Licensee
when installing such updated and subsequent versions of the
Licensed Package; provided, however, that, this version of the License
Agreement shall control if the installation and/or use of such updated
and subsequent versions of the Licensed Package are not supported
by consideration.
22. No Fraud or Reliance on Trendsignal. 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 Trendsignal or its agents
or representatives that are not set forth in this Agreement.
23. Additional Acknowledgments. LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ
THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL
OF LICENSEE'S CHOICE BEFORE ENTERING THIS AGREEMENT AND/OR CONTINUING
WITH THE INSTALLATION OF THE SOFTWARE, UNDERSTANDS LICENSEE’S RIGHTS
AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY
LICENSEE OF THE SOFTWARE ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY
THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
24. 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.
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