USER AGREEMENT AND DISCLAIMER

 

Please read the following carefully.

All terms and conditions must be agreed to prior to use of this software.

 

Trade-Ideas, LLC and/or Trade-Ideasä reserves the right to modify the terms and conditions contained herein.  Your use of the website and software constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE, as modified.  IF YOU DO NOT UNDERSTAND AND/OR WISH TO ACCEPT THE TERMS AND CONDITIONS OF USE CONTAINED HEREIN, DO NOT USE THE TRADE-IDEASä WEBSITE AND/OR SOFTWARE.

 

I.          Securities Disclaimers

Nothing herein constitutes an offer or a solicitation for the purchase or sale of any security to any person in any jurisdiction in which such an offer or solicitation is not authorized.  All purchases and sales of securities must and are made through a registered securities broker or dealer of your choosing with whom you have a contractual relationship and have agreed to and accepted such broker's or dealer's terms and conditions.

 

II.        Warranty Disclaimers

Trade-Ideas, LLC. and/or Trade-Ideasä website and/or software (hereinafter collectively referred to as "Trade-Ideasä") shall not be liable for any errors or delays in the information, data, content, quotes, transactions, advertisements, and/or other material contained in, gathered by, used in, relied upon, and/or presented by Trade-Ideasä (hereinafter collectively "Information and/or Services").

 

THE INFORMATION AND/OR SERVICES PROVIDED BY TRADE-IDEASä IN RELATION TO THE INFORMATION AND/OR SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TRADE-IDEASä EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION OR SERVICE, IN NO EVENT SHALL TRADE-IDEASä BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE INFORMATION AND/OR SERVICES.

 

III.       Limitations and Prohibited Use of Trade-Ideasä

As an expressed condition of using Trade-Ideasä, User agrees that he/she/it will not use the website and/or software and/or the Information and/or Services for any purpose that is unlawful or that is prohibited by these conditions and terms.  Further, User agrees to determine that the use of Trade-Ideasä to connect to and/or utilize information and/or services of User's securities broker or dealer is not prohibited by User's securities broker or dealer. Trade-Ideasä may only be used by a User located in a jurisdiction, state, county, province, territory, and/or country where such Information and/or Services are allowed either by the jurisdiction, state, country, province, territory, and/or country, and allowed by the United States.

 

IV.       Restriction on and/or Termination of Access

Trade-Ideasä reserves the right, in its sole discretion, to restrict or terminate User's access to any and/or all of the Information and/or Services at any time without prior or subsequent notice to User.

 

 

V.        User Indemnification and Assumption of Risk

User acknowledges that the Information and Services access and response time may vary due to, without limitation, market conditions, User system performance, Third-Party website system performance, Trade-Ideasä system performance, and numerous other factors.   Trade-Ideasä is not responsible or liable for the information, data, content, quotes, transactions, advertisements, and/or other material contained in, gathered from, and/or supplied by any other website (hereinafter collectively "Third Party Information and/or Services") or any damages caused by Third-Party Information.

 

By using Trade-Ideasä and by utilizing the Information and/or Services, User agrees that you are using Trade-Ideasä at your own risk.  Further, User agrees to indemnify and hold harmless Trade-Ideasä from any delayed, incorrect, inaccurate, and/or terminated Information and/or Services, and/or Third Party Information and/or Services and/or damages caused by any of the aforementioned.  User agrees to abide by any and all terms and conditions imposed by any and all Third-Parties.

 

 

VI.       Simulated Performance Disclaimer for OddsMaker

You are reminded that the OddsMaker results shown herein are for informational purposes only. All the information included herein should not be considered as a recommendation to buy, sell or hold any security or use any trading system.

 

You are reminded that Trade Ideas LLC is not responsible for any losses that may result from whatever action you elect to take based on your use of the OddsMaker software.  The OddsMaker software may highlight different types of systems which you may choose to execute trades with. Any type of system you elect bears certain risks, along with the inherent financial risks related to investing in the stock market.

 

When trades are executed in real market conditions using market orders, you may suffer financial losses due to market instability and/or volatility which may cause the market to move against your position. Therefore, a decision to trade in the stock market is made at your own risk and responsibility. It is strongly recommended that you do your own research prior to commencing trading.

 

Each of OddsMaker systems assumes that it trades with at least one share and it doesn't take into account partial fills, nor increased market order slippage. Therefore, your actual trading results may not match the results displayed in the OddsMaker panel.

 

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.

 

VII.     Trademark, Service Mark, Patent, Copyright and/or Intellectual Property Rights

Trade-Ideasä without limitation, data, text, graphics, content, processes and/or other material is protected by copyrights, patents, trademarks, service marks, international treaties, and/or other proprietary rights and/or laws of the United States and/or other countries.  User agrees to use the Information and/or Services only for personal use and not for or in any illegal manner.  User agrees not to use the Information and/or Services and/or Trade-Ideasä in any manner that could compete with Trade-Ideasä

 

VIII.    Jurisdiction and Law that Applies to Agreement

This Agreement shall be governed and construed in accordance with the law of the State of California and the United States.  User agrees that terms and conditions are performable in the State of California.  User agrees to submit itself to the personal jurisdiction of the state and federal courts located in San Diego County, California, United States with respect to any legal proceedings that may arise in connection with Trade-Ideasä the Information and/or Services, and/or any dispute regarding this Agreement.

 

IX.   Arbitration

Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in San Diego, California. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of JAMS/Endispute ("JAMS"), with the following exceptions if in conflict: (a) one arbitrator shall be chosen by JAMS; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the JAMS' rules and regulations) of the proceedings has been given to such party. Each party shall bear its own attorneys fees and expenses. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity; provided however, that nothing in this subsection shall be construed as precluding the bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. The arbitrator shall be required to follow applicable law. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.