Trading Terms, Conditions and Disclosures
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, FOREX, OR ANY FINANCIAL MARKET 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. ANY ADVISORY OR SIGNAL GENERATED BY TRYDAYTRADING.COM OR THEIR AFFILIATES IS PROVIDED FOR EDUCATIONAL PURPOSED ONLY. ANY TRADES PLACED UPON RELIANCE ON COMPANY OR THEIR AFFILIATES SYSTEMS ARE TAKEN AT YOUR OWN RISK FOR YOUR OWN ACCOUNT. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. WHILE THERE IS GREAT POTENTIAL FOR REWARD TRADING COMMODITIES, FOREX, OR ANY FINANCIAL MARKET, THERE IS ALSO SUBSTANTIAL RISK OF LOSS IN ALL TRADING. YOU MUST DECIDE YOUR OWN SUITABILITY TO TRADE OR NOT. FUTURES, FOREX, OR ANY FINANCIAL MARKET RESULTS CAN NEVER BE GUARANTEED. THIS IS NOT AN OFFER TO BUY OR SELL FUTURES, OPTIONS, FOREIGN CURRENCIES OR COMMODITY INTERESTS. IN THE EVENT THAT AN INDIVIDUAL’S SUBSCRIPTION WITH COMPANY OR THEIR AFFILIATES IS TERMINATED DUE TO NON-PAYMENT ANY TRADES AN INDIVIDUAL MAKES WILL REMAIN THE RESPONSIBILITY OF THAT INDIVIDUAL. THE INDIVIDUAL AGREES TO HOLD COMPANY OR THEIR AFFILIATES COMPLETELY FAULTLESS AND AGREES TO INDEMNIFY COMPANY OR THEIR AFFILIATES FOR THIS SCENARIO AS IT WAS DUE TO THE INDIVIDUALS LACK OF PAYMENT THAT THE SUBSCRIPTION WAS TERMINATED. FROM TIME TO TIME THERE MAY BE AN INSTANCE WHERE COMPANY OR THEIR AFFILIATES SYSTEMS MAY BE DOWN FOR CIRCUMSTANCES OUTSIDE OF THEIR CONTROL. IN THIS EVENT, INDIVIDUAL AGREES TO HOLD COMPANY OR THEIR AFFILIATES COMPLETELY FAULTLESS AND INDEMNIFY COMPANY OR THEIR AFFILIATES AGAINST ANY ACTION WHATSOEVER REGARDING ANY RESULTING CONSEQUENCES ON THE INDIVIDUAL.
Risk Disclosure & Disclaimer Statement
TryDayTrading.com or their affiliates indicators are speculative trading systems designed to provide assistance in trading most financial markets. No claims as to past, present or future profitability of these alert advisory services or other Company or their affiliates systems are made, and there is no guarantee that the system will provide any profits to traders using the system, and indeed may cause such traders to incur losses. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually 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 the profits or losses similar to those shown. All indicators generated by Company or their affiliates are provided for informational and educational purposes only. Any trades placed upon reliance on Company or their affiliates systems are taken at your own risk for your own account. Past performance is no guarantee of future results. While there is great potential for reward when trading commodity futures, there is also substantial risk of loss in all commodity futures trading. You must decide your own suitability to trade. Future trading results can never be guaranteed. This is not an offer to buy or sell futures, options or commodity interests. The indicators generated by Company or their affiliates are based on formulas that build visual representation that individuals can correlate patterns with to market conditions. However, what has happened before may or may not happen again. You can lose all your money trading and you must decide your own suitability as to whether or not to trade. Only trade with true risk capital you can afford to lose. Only trade markets you can properly afford to trade. Properly funded trading accounts typically perform better than those that are not. Never risk more than 5% of your account on any one trade. Stop trading a system if it doesn’t fit your trading style and/or find you cannot follow the indicators.
Past performance does not guarantee future results. Company or their affiliates Trading Systems generate mechanical trading system signals and is not investment advice. We have no financial interest in the outcome of any trades mentioned herein, other than disclosed in this Terms of usage and/or subscription agreement. There is substantial risk of loss trading futures and commodities. You need to determine your own suitability to trade them. There may be tax consequences for short term profits/loss on trades. Consult your tax advisor for details on this if applicable.
Commodity Futures Trading Commission and Other Disclaimers
Neither TryDayTrading.com nor its Affiliates, not its principals, officers or employees are CTAs. Becoming a subscriber and/or trading any of the system’s signals presumes you have fully read and understood the risks involved in trading futures, and/or commodities as set forth below:
The Company, its affiliates, owners, contractors, and/or employees (collectively, the “Company”) does not recommend, refer, introduce, or connect investors to any specific broker for foreign exchange or futures transactions. The Company is not a broker or an introducing broker, and does not have any relationship (contractual, agency, preferred, or otherwise) with any broker. The Company is not engaged in soliciting, recommending, accepting, or placing customer orders of any kind for any transactions, including, but not limited to, foreign exchange or futures transactions. Any broker you use for foreign exchange or futures transactions must be chosen solely by you as the investor.
There are no guarantees or certainties in trading. Reliability of trading signals for mechanical systems are in probabilities only. Trading involves hard work, risk, discipline and the ability to follow rules and trade through any tough periods during a system’s draw-downs. If you are looking for a guarantee, trading is not for you. Most people lose trading. One of the reasons is that they lack discipline and are unable to be consistent. A system can help you become consistent. The ability to be disciplined and take the trades is equally as important as any technical indicators a trader uses. Ironically, worrying about the money aspect of trades can contribute to and cause a trader to make trading errors. Therefore, it is important to only trade with true risk capital.
ALL THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES AT COMPANY OR THEIR AFFILIATES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND. COMPANY OR THEIR AFFILIATES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY OR THEIR AFFILIATES DISCLAIMS ANY WARRANTY THAT THE SITE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED AT THE SITE IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COMPANY OR THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY COMPANY OR THEIR AFFILIATES CONTENT OR THIRD PARTY CONTENT, THE SITE, YOUR USE OR INABILITY TO USE THE SITE, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT COMPANY OR THEIR AFFILIATES MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED $100. YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND THE SERVICES OFFERED OR PROVIDED AND TO CANCEL YOUR SUBSCRIPTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Canceling Your Subscription
Duration of Our Agreement
Evidence of Your Agreement with Us
TERMS OF SERVICE
TryDayTrading.com or its Affiliates Right to Monitor Your Use
Your Additional Agreements
By subscribing to any subscription services from TryDayTrading.com or its Affiliates, viewing any of our site’s web pages, participating in the TryDayTrading.com or its Affiliates or receiving any of TryDayTrading.com or its Affiliates products or services, you fully understand and agree that all securities and financial markets are subject to numerous implicit and explicit risks, none of which TryDayTrading.com or its Affiliates can control or influence. You therefore acknowledge and agree that all investment decisions you may make, including decisions that take into account or rely on any information provided or made available by or from TryDayTrading.com or its Affiliates site, are yours and yours alone and are made solely at your own risk.
You also agree to bear complete responsibility for your investment research and decisions and acknowledge that TryDayTrading.com or its Affiliates has not and will not make any specific recommendations to you or any of its subscribers upon which you or any of them is entitled to rely. You also understand that the information disseminated on the site and in TryDayTrading.com or its Affiliates e-mail alerts and newsletters represent non-personalized, disinterested opinions and commentary of TryDayTrading.com or its Affiliates and its employees and students, or may only represent the views of other subscribers, but that none of them constitutes a solicitation or recommendation to buy or sell securities.
Information on Our Site
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Our Seminars, Workshops, & Webinars
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There are opportunities for you to provide information, data or materials to the site. If you provide or post such information, data or materials, other than the specific subscriber information required for registering as a subscriber, to the site or in the Rooms, by voice, electronic means including e-mail, or otherwise (“Subscriber Provided Content”), we will treat it as non-confidential and non-proprietary to you.
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Postings in the Online Chat Room
As a subscriber, you will from time to time have the ability to communicate in the Chat Room provided on the site. Because other subscribers may form impressions about you based on what you say or post on TryDayTrading.com or its Affiliates site, you agree to exercise a reasonable degree of diligence, care and thought before you make or post any comment or alert, and understand that you are solely responsible to verify the basis for and accuracy of any comment or alert you make or post.
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The site presents material and content, including text, graphics, images, illustrations, information and material subject to the intellectual property rights of TryDayTrading.com or its Affiliates belonging to third parties, and other sources, reports and data generated as a result of subscriber input. All of this is called “Site Content.”
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Limitation of Liability for Site Content and Data
Corrections to Site Content
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Information Supplied by Others
The site contains links to other web sites operated by third parties as well as information provided by third parties. You understand and agree that TryDayTrading.com or its Affiliates is not responsible for the content, accuracy, or legality of what may appear on those other sites, and that the inclusion of any such link or third party materials do not constitute or imply any endorsement, sponsorship or affiliation with the site by TryDayTrading.com or its Affiliates, or any representation that any of the third party information is correct, accurate or reliable.
Our Disclaimers and Limitations on Liability
All trades, trade reports, charts, text/audio trade OR market coverage, training sessions, phone sessions AND/OR any trading results, of any kind, should be viewed as hypothetical and without merit; and if they were accurate, they may never be able to be duplicated in the future — it is not our intention to make specific trading recommendations, and no claims are being made that we are initiating the signals posted. Your attempt to duplicate these posted trades may be hindered by the inherent delay in receiving a post AND executing that post, market liquidity, AND your own trading issues — slippage, commissions, trading software/internet outages, etc.. A stop loss may not limit your loss to the amount intended. NO representation is being made that any account will OR is likely to achieve profits or losses similar to those shown.
All subscribers OR anyone viewing TryDayTrading.com or its Affiliates updates or services information acknowledge and agree that they are aware of the risk parameters involved in trading, and that the leveraged nature of futures trading can cause losses greater than your account balance. You further agree to accept full, complete, and sole responsibility for any and all results. Opinions are current opinions only, and past results are not indicative of future results. TryDayTrading.com or its Affiliates provides this information for your private use only. We do not represent that it is accurate or complete, and it cannot necessarily be relied upon. It is your responsibility to know and define the risk before trading. You agree that all trading decisions are your own. You agree that you will not hold TryDayTrading.com or its Affiliates, or anyone associated with TryDayTrading.com or its Affiliates, liable or responsible for any of your losses or results.
This statement is furnished to you because rule 1.55 and 4.41 of the Commodity Futures Trading Commission requires it.
The risk of loss in trading commodity futures and options contracts can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. In considering whether to trade, you should be aware of the following:
You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position in the commodity futures market. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the prescribed time, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.
This brief statement cannot, of course, disclose all the risks and other significant aspects of the commodity markets. You should therefore carefully study futures trading before you trade.
Distribution and or re-transmission of any of the content provided by TryDayTrading.com or its Affiliates in any form or by any medium is expressly prohibited. Entrance to the subscriber areas of the website is restricted without exception to subscribers, and all subscribers agree to protect the confidentiality of the content contained within. It is agreed that no passwords or subscriptions will be shared or divulged; it is further agreed that no online conferencing or chat codes will be shared or divulged.
Your Obligation to Indemnify Us
Access and Interference
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As we continue to develop our business, we might sell or buy sites, products, services, or technology. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that TryDayTrading.com or its Affiliates or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Other Terms, Conditions and Provisions
The Subscription Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else. You also agree that you will not allow anyone else to access TryDayTrading.com or its Affiliates site unless such other person has registered as a subscriber. You agree that you will be solely responsible for any liability arising from any third party access to or use of the site that you permit or facilitate.
Although the site is accessible worldwide, not all products or services discussed or referenced in the site are available to all persons or in all geographic locations or jurisdictions. TryDayTrading.com or its Affiliates reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction as it determines in its sole discretion. The offering or availability of any product or service by means of this site is void where prohibited by law.
This Agreement shall be governed by and construed in accordance with Nevada law, without regard to that state’s choice of law rules. You agree that your use of the site constitutes activity in Nevada and for the purpose of litigating any dispute arising under this Agreement, you agree that any action commenced against TryDayTrading.com or its Affiliates shall be commenced and maintained solely in a federal or state court of competent subject matter jurisdiction within the jurisdiction of the U.S. District Court for the Carson City County of Nevada, Carson City Division. You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event TryDayTrading.com or its Affiliates commences an action against you.
ABOUT TRYDAYTRADING.COM OR ITS AFFILIATES
What is TryDayTrading.com or its Affiliates?
TryDayTrading.com or its Affiliates, which operates a website, TryDayTrading.com or its Affiliates, that provide its subscribers with opinions and commentaries on trading markets and trading market indicators. Our views are based solely on the independent judgment of TryDayTrading.com or its Affiliates employees and its students. TryDayTrading.com or its Affiliates also provides its subscribers with public information regarding analyses of market indicators.
What TryDayTrading.com or its Affiliates is NOT
Neither TryDayTrading.com or its Affiliates nor any of its employees or students is registered or licensed as an investment advisor, securities or commodities broker-dealer, student or representative with the U.S. Securities and Exchange Commission, or with any similar authority or agency of any other country or with any such authority or agency of any of the United States.
TryDayTrading.com or its Affiliates does NOT trade money on behalf of others.
TryDayTrading.com or its Affiliates offer educational instruction to traders in the hope that traders might become better at trading their own funds using their own trading accounts that the individual trader has opened with a brokerage clearing house.
If money is solicited from you by anyone representing themselves to be associated with TryDayTrading.com or its Affiliates, with the stated intention of trading this money for you and/or on your behalf, please contact TryDayTrading.com or its Affiliates corporate offices immediately.
Do not DIRECTLY offer any money or financial information to anyone representing themselves to be associated with TryDayTrading.com or its Affiliates. All sign ups requiring fees or personal financial information can be and should be handled DIRECTLY on the official web sites of TryDayTrading.com or its Affiliates.
AGAIN, TryDayTrading.com or its Affiliates DO NOT TRADE ON BEHALF OF OTHER PERSONS.
Any person, representing themselves as being associated with TryDayTrading.com or its Affiliates, attempting to trade money belonging to other persons, will be terminated from any or all of the above companies and be subject to litigation.
We do not provide promotional materials relating to specific securities or commodities.
TryDayTrading.com or its Affiliates also does not advise its subscribers or any other person whether to buy or sell or take any other position in securities or commodities. Further, TryDayTrading.com or its Affiliates does not receive any form of payment or other compensation for publishing information, news, research or any other material concerning any securities or commodities on our site, or publish any information on our site that is intended to affect or influence the value of securities or commodities.
A Word of Caution
Many of the instruments discussed on the site may be mentioned in the context of so-called day trading or momentum trading, both of which present a number of unique and specific risks in addition to market risks involved in investing or trading in securities or commodities generally. Accordingly, you are cautioned that day trading and momentum trading are not suitable activities for all investors and any subscriber or visitor to TryDayTrading.com or its Affiliates site who resorts to those trading methods does so at his own risk and fully mindful of these special risks as well as the other risks of trading and investing in securities or commodities.
How to Become a Subscriber
Interest in securities or commodities
From time to time, TryDayTrading.com or its affiliate’s moderators may take positions and/or buy or sell securities or commodities that are discussed in the indicators.
CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT
This Mutual Confidentiality and Non-disclosure Agreement (“Agreement”) is made and entered into as of the day and year Student signs up and is between TryDayTrading.com and Paying Student (hereafter referred to as “Party”).
WHEREAS, TryDayTrading.com has invested time, talents, energy and money in developing certain stock indicators/algorithms and enhanced, embedded, indexing variations (“EEIV”) on these algorithms and
WHEREAS, TryDayTrading.com has disclosed or desires to disclose to Party certain Confidential and Proprietary Information regarding this stock trading methodology, and
WHEREAS, Party desires to review such Confidential and Proprietary Information with the intent of making a decision to become informed, trained and affiliated with the EEIV.
NOW THEREFORE, in consideration of TryDayTrading.com providing Confidential and Proprietary Information and the parties mutual undertaking herein, it is agreed that:
- All information disclosed directly or indirectly both written or oral by TryDayTrading.com to Party shall be maintained and treated by Party and/or Party’s advisors, associates, partners, employees, officers, directors and personnel as CONFIDENTIAL and shall NOT be published, disseminated or revealed in ANY manner or to ANY person during the term of this Agreement and for a period of TWENTY (20) years thereafter, without the WRITTEN consent by TryDayTrading.com. The information shall only be used to evaluate and determine Party’s interest in becoming a vendor or developing a closer relationship to TryDayTrading.com.
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- Party agrees to pay TryDayTrading.com TEN-THOUSAND-DOLLARS ($10,000) per day for each and every day that these certain stock indicators/algorithms and enhanced, embedded, indexing variations (“EEIV”) on these algorithms (representing the Confidential and Proprietary Intellectual Property of TryDayTrading.com) are used by Party and/or Party’s advisors, associates, partners, employees, officers, directors or personnel who have been privy to the Confidential and Proprietary Information for the trading of stock market indexes, stocks, mutual funds, treasury bills or notes, currency markets or any other exchanges foreign or domestic, whether paper or real money, without the express WRITTEN consent and knowledge of TryDayTrading.com. This includes Party and/or Party’s advisors, associates, partners, employees, officers, directors or personnel trading real money without completing the system requirements outlined in the Student Policy and Procedures.
- In the event it becomes necessary to enforce any of the terms and provisions of this Agreement, the Agreement shall be governed by the laws of the State of Nevada and the prevailing party shall be entitled to recover all costs and expenses incurred, including, but not limited to all court costs and reasonable attorney’s fees.
As a potential purchaser of the software through TryDayTrading.com, I hereby understand and agree as follows:
- I am purchasing a software package that will be electronically downloaded into my personal computer and upgraded from time to time by TryDayTrading.com, and therefore there is no opportunity for refund or return. The amount I spend to purchase the TryDayTrading.com software is non-refundable.
- I understand that personal profitability is based on my use of the software and based upon my ability to recognize indicia and promptly execute trades using reasonable computer skills. I recognize that all trades I make are solely at my own risk and further that any decisions to execute trades are done completely at my discretion and are my sole responsibility.
- Purchase of the TryDayTrading.com software or any other product through TryDayTrading.com creates a license agreement between purchaser and TryDayTrading.com. Said license permits the software to be used on only one computer at a time for the benefit of only one trader. Any reproduction or retransmission of the signal without the express written permission of TryDayTrading.com is strictly prohibited. Any sharing of information or signal provided by TryDayTrading.com will result in immediate termination of signal without refund of any monies paid. Trading rooms operated by anyone other than TryDayTrading.com are prohibited.
- I further understand and agree that the software signal and or any other product of TryDayTrading.com (for example the ONIT Program software and daily transmitted commentary to my broker) are provided specifically for me. I agree that in the event the signal, commentary, or anything associated with a product sent to me is copied, transmitted (orally or otherwise), shown (electronically or otherwise) for purposes of influencing a third party to execute a live trade, such will result in TryDayTrading.com being damaged in an amount of not less than one million ($1,000,000) dollars or such greater amount as may be determined by binding arbitration with the America Arbitration Association. I further agree to be personally liable for such damages.
- Federal, state, local and Securities and Exchange Commission laws, rules, or regulations particularly SEC Rule 4.41 (B) PROHIBITS ANY PERSON FROM PRESENTING THE PERFORMANCE OF ANY SIMULATED OR HYPOTHETICAL FUTURES ACCOUNT OR FUTURES INTEREST OF A CUSTOMER TRADING ACCOUNT, UNLESS A DISCLOSURE STATEMENT ACCOMPANY THE PRESENTATION. THE STATEMENT DESCRIBES THE LIMITATIONS OF SIMULATED OR HYPOTHETICAL FUTURES TRADING AS A GUIDE TO THE PERFORMANCE THAT A CUSTOMER TRADING ACCOUNT IS LIKELY TO ACHIEVE IN ACTUAL TRADING. COMMISSION RULE 4.41(B)(1)(I) HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY 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 PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
- Trading in the commodities markets involves substantial risk of loss and this is not appropriate for everyone. You should carefully consider your financial condition before trading in these markets and only risk capital should be used. The TryDayTrading.com software is used in conjunction with indices traded at the Chicago Mercantile Exchange and other markets. These markets are perhaps the most volatile of all potential markets and often experience large daily price movements. In addition, these markets are often illiquid, making it difficult to execute orders at desired prices. Also, during periods of extreme volatility, trading in these markets may be halted due to so called “circuit breakers” put in place by the exchange to alleviate such volatility. In the event of a trading halt, it may be difficult or impossible to exit a losing position. The best way to minimize your exposure in such situations is to exit any active trade making yourself flat, cancel all working orders and refrain from trading until normal trading conditions return
- In addition, market conditions alone may make it impossible to exit a position during a daily trading session, thus creating the possibility of a margin call. TryDayTrading.com is not responsible for damages or losses caused by any delays, defects or omissions that may occur in services provided by TryDayTrading.com or any other party. Any content provided by TryDayTrading.com shall not be the basis for any claimed damage whether actual, alleged, consequential or punitive. TryDayTrading.com makes no representation or guarantee as to products and shall have no liability for any electronic content delivered by any third party, including without limitation its accuracy, subject matter, quality or timeliness.
- TryDayTrading.com makes no claim to the accuracy of the TryDayTrading.com software or the percentage of correct trading recommendations declared. Further TryDayTrading.com makes neither claim nor guarantee as to customer/authorized re-sellers success in using the product. Use of the software requires some degree of individual skill.
- By execution of this agreement I understand that I am solely responsible if I sustain any losses incurred through use of the TryDayTrading.com software. All decisions to trade are my sole responsibility. TryDayTrading.com is not responsible in any way for any potential losses sustained.
- I further understand that in the event a decision to establish an account for trading is made, the funds placed in said account should be discretionary. Therefore I herewith declare that I am willing and financially able to sustain any losses possibly incurred through the use of this product.
- TryDayTrading.com is not liable for any financial losses whatsoever including but not limited to delays in signal transmission, delivery or execution of traders orders due to malfunction of communications, traders lack of understanding of terms used in trading, confusion of the rules of trading, facilities problems such as loss of power, computer problems, either related to software or hardware, internet problems or any other cause whatsoever.
- All activities engaged in by traders are done strictly at his or her own risk. Any and all information furnished customers is provided without responsibility for its accuracy. TryDayTrading.com website and all signal information provided shall not be the basis of any claim, or cause of action whatsoever against TryDayTrading.com.
- Any performance relied upon by comparing the TryDayTrading.com software to any other product is based upon hypothetical trading information. Hypothetical or simulated performance results have inherent limitations. Unlike any actual performance record, simulated results do not represent actual trading. Also, since actual or real trades have not actually been executed the results may or may not reflect an actual market experience. TryDayTrading.com makes no representation that a trading account will or is likely to achieve profits or losses similar to any shown.
- Any report or article on our web site includes information deemed to be reliable and accurate as of the date of its publication, but no independent verification has been made and we do not guarantee its accurateness or completeness. Any reliance on information contained in these reports is at the sole risk of the readers.
- In no event shall TryDayTrading.com, or any TryDayTrading.com re-seller, affiliate, shareholder, officer, director or employee, be liable to me (or anyone claiming for or through me) for any consequential, indirect or special damages; and in no event shall TryDayTrading.com aggregate liability exceed $5995. ANY DISPUTES CONCERNING THE PURCHASE OF ANY PRODUCT FROM TRYDAYTRADING.COM OR ANY OTHER SOFTWARE PACKAGE PURCHASE OR USE, THE RE-SELLER AGREEMENT OR A RE-SELLER’S RELATIONSHIP WITH TRYDAYTRADING.COM OR OTHER RE-SELLERS SHALL BE SETTLED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEVADA AND JURISDICTION AND VENUE SHALL BE HAD IN NEVADA AND FURTHER THAT ANY AND ALL DISPUTES SHALL BE RESOLVED BY THE AMERICAN ARBITRATION ASSOCIATION. I HEREBY WAVE ANY RIGHT I MAY HAVE TO RESOLVE ANY DISPUTE IN A COURT OF LAW IN ANY STATE.
- TryDayTrading.com Refund and Return Policy: There is no refund of the purchase price paid for the TryDayTrading.com software or any other of the TryDayTrading.com’s products. You are purchasing a software package that is downloaded into your computer for use and therefore is not refundable. The use of any portion of a month makes that month non-refundable. By signing this agreement you acknowledge you have read this “no refund” policy and agree to it before purchasing. On physical merchandise no opened packages will be accepted for refunds or returns. On all acceptable items for refund or return in exchange for other merchandise, there will be a 15% re-stocking charge*. If an item is defective, the 15% re-stocking charge will be waived and replacement product will be sent. Notice must be received in writing (E-mail is acceptable) by TryDayTrading.com prior to the 1st day of the month for refund. *Fee not applicable in Hawaii
- Futures and Foreign Exchange Currency trading contains substantial risk, is not for every trader, and only risk capital should be used. Any form of trading, including options, hedging and spreads contains risk. Past performance is not indicative of future results. Margins are subject to change without notice. No representation is being made that any account will or is likely to achieve profits or losses. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss.
- Practice in using the TryDayTrading.com software is essential to success. As the purchaser, I hereby agree that before I fund my trading account and risk real money using the TryDayTrading.com system trading live in the market, I will complete two weeks of simulated paper trading and an additional four weeks of simulated platform trading using the Simulation mode on Green Chart and the Demo mode in a practice trading platform provided by my broker. I further agree to complete the education given to me with my training materials. I understand that shortening simulated trading time or failing to complete the education provided to me for stock market background information, will result in my failure to be a successful trader.
- AS THE UNDERSIGNED, I HAVE READ AND UNDERSTOOD AND I DO HEREBY CONFIRM MY INTENT TO ACT WITHOUT DELAY TO IMPLEMENT THE CONTENTS OF THIS AGREEMENT. IN WITNESS HERETO, THE PARTY INTENDING TO BE BOUND HEREBY, HAS CAUSED THIS AGREEMENT TO BE DULY EXECUTED AND SIGNED AS OF THE DAY AND YEAR HEREAFTER WRITTEN OR AGREED TO ONLINE. I HEREBY AGREE TO THE TERMS AND CONDITIONS HEREIN.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
You and TryDayTrading.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to 711 S. Carson St. STE 4, Carson City NV, 89701 or to the email address you provide to TryDayTrading.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to TryDayTrading.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Without limiting other remedies, we may limit your activity, immediately remove your bids or item listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
Without limiting any other remedies, TryDayTrading.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH TRYDAYTRADING.COM OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the user agreement (the “Agreement” or “User Agreement”) for TryDayTrading.com. If you reside outside of the United States, the party you are contracting with is TryDayTrading.com. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of our site and the general principles for the websites of our subsidiaries and international affiliates. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and TryDayTrading.com. This Agreement is effective upon acceptance in registration for new registering users,
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended TryDayTrading.com members. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site. Further, your TryDayTrading.com account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Before deciding to trade futures or 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 all the risks associated with futures or foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
TryDayTrading.com Market Opinions Any opinions, news, research, analyses, prices, or other information provided by TryDayTrading.com is provided as general market commentary, and does not constitute investment advice. TryDayTrading.com will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
Internet Trading Risks
There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since TryDayTrading.com does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. TryDayTrading.com employs back up systems and contingency plans to minimize the possibility of system failure, and trading via telephone is always available.
Accuracy of Information
The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. TryDayTrading.com has taken reasonable measures to ensure the accuracy of the information on the website, however, does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website.
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
- Materials. This license applies to the computer readable information contained in the
TryDayTrading.com Software installation, including the Software, Data, Documentation, Program Diskettes, and all updates to the Software, Data, and Documentation, all of which constitutes the Materials. TryDayTrading.com retains title and ownership of the Materials. United States copyright laws and International treaty provisions protect the Materials.
- Non-Exclusive License. The original lessee (Licensee) of the Materials is authorized to use the Software, Data, and Documentation on a SINGLE COMPUTER at once. Licensee may not network the Software nor have access to the Software on more than one computer at any given time without paying for additional Licenses. This License is granted only to end users who are subscribing to and paying the TryDayTrading.com monthly software use fee. Failure to pay the TryDayTrading.com monthly software use fee will result in the immediate termination of this license and the termination of any and all rights to use the Software.
- Fee Changes. Licensee acknowledges that the monthly software use fees are subject to change at any time without advance notice and that such fees may be billed based on applicable transactions. Licensee agrees to pay any such increases in fees.
- Restrictions. Licensee may not:
(a) Transfer the Software, Data, or Documentation to other parties by assignment, rental, sale, or other disposition;
(b) Remove or obscure the TryDayTrading.com copyright and trademark notices;
(c) Decompile, disassemble, reverse engineer, or modify the Software code;
(d) Devise or use any method that disables or defeats the software security and authorization.
5. Breach. Any breach of the above restrictions and license agreement is a violation of copyright law and will cause the immediate termination of this license. TryDayTrading.com shall be awarded necessary costs including reasonable attorney’s fees, damages, and court costs arising from any breach of the above restrictions and license agreement.
6. Limitation of Liability. This agreement will be governed by the laws of the State of Nevada. In no event will TryDayTrading.com, or its sales agents, or its billing agents, distributors, and technical support staff be liable for damages, including, but not limited to, any loss of profits, business interruption, loss of business information, lost savings or investment funds, or other incidental or consequential damages or costs arising out of the use or inability to use the Materials. TryDayTrading.com, will not be responsible for any losses resulting from investment decisions based upon the use of the Software or Materials. The Software is licensed to the Licensee with the understanding that TryDayTrading.com, is not engaged in rendering any investment advice.
7. Privacy and Information. TryDayTrading.com does not sell nor distribute Licensee account and computer information to any other Company. All information gathered by TryDayTrading.com for account maintenance and software security is held in strict confidence. Licensee agrees to permit TryDayTrading.com to obtain account and computer information necessary to maintain software security.
8. Disclaimer of Warranty & Limited Warranty. The Materials are provided “as is” without any warranty of any kind. The Licensee accepts the Software, Data, and Documentation, “as is”, with all faults. In the case of a faulty installation, TryDayTrading.com entire liability and Licensee’s exclusive remedy shall be a replacement of the faulty installation program. No other verbal or written information shall increase the scope of this warranty agreement.
9. Miscellaneous. In the event a provision of this agreement shall be held unenforceable, it shall be deemed severable from the remaining provisions and shall not affect the enforceability of this agreement. To contact TryDayTrading.com visit the “Contact Us” page on our website.
Last updated: April 7, 2017