Terms and conditions
We are trading-methods.com, (“we”/“us”/”our”). We provide online content accessible from Applications such as www.trading-methods.com (the “App”) is a mobile application. For the purpose of these terms and conditions (“Terms”), we refer to the online content we provide the Apps as the “services”. These terms apply to us and all users of our services (“you”/”your”). They govern your access to, downloading, and use of all the services.
Please read these terms carefully before using any of the services. They are a legal agreement between you and trading-methods.com. Using any of the services indicates that you accept these terms. If you do not accept these terms, please do not use the services, and uninstall the App.
1. Acceptance and updating of these terms
- There is substantial risk in trading. A loss incurred in connection with futures trading can be significant. Only trade with money you can afford to lose. trading-methods.com makes no claims whatsoever regarding the impact, of past or future performance on your potential.
- simulated results do not represent actual trading, simulated trading programs, in general, are also subject to the fact that they are designed with the benefit of hindsight.
- Licensee acknowledges that trading-methods.com is not a market data provider, that Licensee will need to obtain data compatible with trading-methods.com from an independent, third-party data provider at Licensee’s
- trading-methods.com does not have mechanisms for, and does not endeavor to detect, errors, omissions, data non-delivery, data misdelivery or other problems with the data provided by Licensee’s data provider, and that it is the data provider’s. Accordingly, trading-methods.com shall not be responsible for any errors, omissions, or other problems in the data used by the Licensee in conjunction with the application 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 application to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.
- 1. Damages. trading-methods.com shall be not liable for any damages or claims arising out of, related to, or in connection with, the use or performance of the application, including, but not limited to, special, direct, incidental, lost profits, diminution in value, property damage, consequential or other damages for any type of damage, injury or loss, invasion or loss of privacy, or for breach of any duty however caused, or under any theory of liability, whether based in contract, tort (including negligence), strict liability, patent infringement, trademark infringement, copyright infringement, or otherwise and regardless of whether either party has been advised of the possibility of such damage. this exclusion shall apply despite any defect, error, incompleteness, omissions, or inaccuracies in trading-methods.com, documentation, or other materials contained in the application or in any product or service furnished to the licensee by trading-methods.com in connection therewith, and this exclusion shall likewise apply even if trading-methods.com has been advised of the existence or a possibility of any defect, error, incompleteness, omissions, inaccuracies or such damages or claim. licensee acknowledges that licensee bears all risk from any use by licensee of the application and that trading-methods.com is not responsible for any damages or losses sustained by the licensee, including but not limited to any damages to licensee’s computer, software, internet connection, telephone, data files or other property resulting from licensee’s use of the application.
- 2. Updates. trading-methods.com agrees but is not obligated, to advise the Licensee of any modifications, enhancements, and updates of the application.
- 3. The sole purpose of customer support is to assist the user in the functioning of the application, no trading advice will be provided.
- 4. Speculative Nature. Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of the application. Licensee acknowledges and understands that the application provides information regarding possible future market movements based upon historical analysis of past market movements, that the application does not provide specific trade recommendations including buying and selling signals, that the individual markets comprising the Market Applications may not behave as indicated by the output derived from the use by Licensee of the application 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 trading-methods.com and documentation furnished by trading-methods.com in the application are an analytic tool only and are not intended to replace the Licensee’s individual research or receipt of professional investment advice and that neither the application nor the Initial Support related to the Licensee’s use of the application constitute the provision of trading advice or an endorsement or recommendation by trading-methods.com of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, the effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors.
- 5. 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 trading-methods.com constitutes any guarantee of representation relating to, the performance of the application including that of its predictive accuracy at forecasting market prices or trends and that trading-methods.com also makes no guarantee of performance either in this agreement or otherwise. it is also understood that trading-methods.com is an analytic tool and not a trading system and that trading-methods.com makes no representations or guarantees that licensee will make profits and/or not suffer any losses from trading based on, or in reliance on, the application 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 the application at the same time. under no circumstances is trading-methods.com responsible for the licensee’s trading results or performance based upon the trading decisions that the licensee makes. furthermore, it is understood that hypothetical performance results have many inherent limitations, some of which are described below. licensee agrees that no representation is being made or has been made that any account or trade will or is likely to achieve profits or losses similar to those shown in the application or in any of trading-methods.com’s promotional materials. 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 that 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
- 6. Hold Harmless; Indemnification; Release; Covenant Not to Sue. Licensee agrees to release, indemnify and hold harmless trading-methods.com, its successors, affiliates and assigns, and each of their respective insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of the application or trading decisions and payment of any fees associated with the License. Such hold harmless, release, discharge, waiver, and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with the application or the promotion or marketing thereof.
- 7. Term. This Agreement shall remain in effect until terminated, without notice, upon breach by the Licensee of any of the conditions set forth in Sections 2 or 3 above. If the License fee is refunded the License will be immediately terminated.
- 8. Attorney’s Fees. In the event trading-methods.com should be required to take legal action to enforce any of the provisions of this Agreement, trading-methods.com may recover its reasonable Attorney’s fees 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 trading-methods.com, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by trading-methods.com of the provisions of this Section. If you wish to cancel your license subscription fee with us, go to our website’s Members page and log into the Manage Subscription section to cancel your subscription online by yourself before the time of your expiration.
- It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or others.
- Subscribers agree to pay a recurring license subscription fee and agree to the Terms of Use of the trading-methods.com app. They govern the use of our app by registered subscribers. on our behalf and you register with trading-methods.com (registration constitutes your agreement to this Subscription Agreement and the Terms of Use). each user’s responsibility to determine his or her own specific entries, exits, and stop placements, which may vary from those of other traders due to individual differences in trading style, financial market experience, trading expertise, financial and economic objectives, risk propensity, risk capital, account size and a number of contracts traded, thereby producing different trading results from one trader to another. hypothetical performance results have many inherent limitations, some of which are described below. no representation is being made that any account will or is likely to achieve profits or losses similar to those shown. in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. past performance is not necessarily indicative of future results. one of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. in addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. for example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points that can also adversely affect actual trading results. there are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results. futures, stocks, and options trading involves risk, is not for every trader, and only risk capital should be used. there is a high degree of risk involved in trading and participating in the financial markets and this risk is present even with the use of a tool like trading-methods.com probability tool suite which does not eliminate the risk or guarantees profits or the avoidance of losses. while this risk can be managed and even reduced, it can never be eliminated. given this risk, it is not prudent or advisable to make trading decisions that are beyond your financial means or involve trading capital that you are not willing and capable of losing.
By using our services, you confirm that you have read and understood these terms and agree to abide by them. You confirm that you are old enough to enter into a binding agreement with us, and if not, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms. You warrant that you are the owner of the device to which you have downloaded any App, or that you have obtained permission from the owner of that device to download the App. You accept responsibility in accordance with these terms for the use of Apps on any device, whether or not that device is owned by you.
trading-methods.com may update these terms from time to time. If any changes to the terms are made, we will notify you. From time to time, updates to Apps may be issued through your app store provider. Depending on the update, you may not be able to use an App until you have downloaded the latest version of the App and accepted any new terms.
2. Fees and payment
Some services are free for you to use. Some services require a payment from you. Some services may be free for a period, but then require a payment which may be taken automatically. Any particular payment terms of any paid-for services will be made clear to you before you agree to pay for them and the relevant payment terms shall be incorporated into these terms by reference. When purchasing services such as a premium App you may make your purchase through one of our Websites or from an app store provider such as the Apple Store, as well as these terms, you will be subject to the terms of that app store provider.
We may change the price and nature of services at our discretion, but if you are paying for services, we will always give you notice should the price change, or there is a significant change in the nature of the services that you are using. We accept no responsibility for any losses you may incur by failing to change or cancel a subscription after we have informed you of any changes to pricing or the nature of services.
You may pay for certain services (either from within one of our Apps or via an app store provider) using an auto-renewing subscription. This means your subscription will be automatically renewed at the end of each subscription period unless you cancel it. If you do not cancel it you will be charged in advance for the next subscription period. Auto subscriptions can be modified or canceled by changing your settings with the appropriate app store provider, or if you purchased the services directly from us, from within the service purchased (eg the App), or by contacting us at support@trading-methods.com.
If you cancel a subscription you cannot claim a refund for the period remaining until the end of the subscription period in which you canceled.
If you think that you may be entitled to a refund for services and you purchased those services from within one of our Apps you should contact that app store provider as we will be unable to process such refund requests.
3. Your account
You may have to create an account and provide us with a password before you can use some of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. Each account must be used by you and nobody else and is not transferable. You shall immediately notify trading-methods.com should you suspect any unauthorized use of your account or password, you shall provide true, up-to-date, and complete information about yourself during registration and ensure this information remains up-to-date.
4. Intellectual property and license grant
trading-methods.com owns all intellectual property rights in its services including without limitation its Apps, including all software and all images, sounds, music, text, icons, and other content (“Content”) used within those services (other than User Generated Content) as well as the arrangement of that Content.
trading-methods.com grants you a limited, personal, non-transferable, non-sublicensable, worldwide, and non-exclusive license to use its services for noncommercial use only and solely in accordance with these terms and any rules or policies applied by any app store provider or operator from whose site you downloaded an App. The grant and continuation of the above license are conditional upon your compliance with these terms, our Privacy Policy, and any rules or policies applied by any app store provider from which you downloaded an App. You shall not (and shall not allow any third party to), except to the extent expressly permitted under applicable law, copy, modify, frame, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the services.
You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in, or otherwise transfer any right in the services, in whole or in part.
You shall not remove or modify any copyright and/or other intellectual property notices or watermarks from any Content. Nothing in these terms grants you a license to use any trading-methods.com trademarks or the trademarks of any third parties in the services.
5. User-Generated Content and your use of the services
Other than personal data (which is covered under our Privacy Policy), any material which you create and which you transmit or post using the services (“User Generated Content”) shall be considered non-confidential and non-proprietary. trading-methods.com shall have no obligations with respect to such material. You are solely responsible for such material. trading-methods.com shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting to or transmitting using the services any material:
that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
for which you have not obtained all necessary licenses and/or approvals;
which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world;
which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data);
contains or discloses another person’s personal information without his or her written consent; or
collects or solicits another person’s personal information for commercial or unlawful purposes.
trading-methods.com shall be entitled to remove any material from its services that is posted to or transmitted using the services in contravention of these terms, or for any other reason.
6. Privacy
We are committed to respecting your privacy and the privacy of all individuals using the services. More information regarding how we may use your personal data can be found in our Privacy Policy. By using any of the services, you agree to the terms laid out in our Privacy Policy which is incorporated into these Terms by reference.
7. Termination of services
We may terminate your access and use of the services (or any of them) and these terms at our discretion if we have good reason to believe you have breached these terms. In such circumstances, you are not entitled to any refund. We may modify or discontinue, temporarily or permanently, the services (or any part of them) at our discretion. We will give you notice of such modification or discontinuance wherever possible. You agree that trading-methods.com shall not be liable to you or to any third party for any modification or discontinuance of the services.
You may discontinue your use of the services (or any part of them) at any time, On termination of these terms for any reason: all rights granted to you under these terms shall cease, you shall no longer have access to any services, you must immediately cease all activities authorized by these terms, and you must immediately delete or remove Apps from your devices.
8. Links to and from other apps and websites
Any links to third-party apps and websites are provided solely for your convenience. We have not reviewed all of these third-party apps and websites and do not control and are not responsible for these apps/websites or their content or availability. We do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party apps/websites linked to our services, you do so entirely at your own risk.
9. Indemnity
You indemnify and hold trading-methods.com, and its affiliates, and its and their officers, directors, agents, and employees, harmless from any losses, damages, costs, expenses (including reasonable legal fees), or other liability, arising out of any claim, demand, allegation or proceeding brought by any third party due to or arising out of any breach by you of any of these terms or applicable law; your misuse of the services; User-Generated Content you provide or post; your infringement of intellectual property rights or any other third party rights; and/or your failure to provide accurate, up to date information.
10. Disclaimers
The material within the services is provided “as is”, without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and is used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the services on the basis that we exclude all representations, warranties, conditions, and other terms which, but for these terms, might have effect in relation to the services.
While we endeavor to ensure that the Content contained within the services is correct, we do not warrant the accuracy and completeness of that Content. We may make changes to the Content at any time without notice. The Content may be out of date and trading-methods.com makes no commitment to update such material.
trading-methods.com does not provide medical advice and the services are not provided for the purpose of creating, assisting with, or providing any advice in relation to, any medical conditions. trading-methods.com makes no claims, representations, or warranties that the services provide any medical or therapeutic benefit. Any health information included in the services or linked to the services is for general information purposes only and should not be relied upon. If you want medical advice you should contact a doctor. If you have an existing condition such as epilepsy, or motion sickness which you think may be affected by using the services, you should contact a doctor before using the services.
11. Limitations and exclusions of liability
Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity in these terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these terms for:
any economic losses (including, without limitation, loss of revenue, profits, contracts, data, business, anticipated savings, or cost of substitute services);
any loss of goodwill or reputation; or
any special, indirect, or consequential losses,
in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these terms.
Subject to the above, our liability to you in relation to all events or series of connected events occurring under these terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the greater of the total amount of the sums you have paid for the services in the six month period immediately preceding the date of the first event allegedly giving rise to the liability.
Nothing in these terms excludes any statutory rights which may apply to your use of the services which cannot be excluded, restricted or modified by contract.
12. General
These terms and the relationship between you and trading-methods.com shall be governed by the laws of the United State without regard to any conflict of laws provisions of any jurisdiction. Both you and trading-methods.com agree to submit to the exclusive jurisdiction of the English courts, except that trading-methods.com may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these terms that are caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:
our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; and
we will use our reasonable endeavors to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.
No person other than you and trading-methods.com shall have any rights under these terms in relation to your use of the services. We may transfer our rights and obligations under these terms to another organization, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.
Any failure of or delay by trading-methods.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
You agree that these terms represent the entire understanding between you and trading-methods.com in respect of your relationship with trading-methods.com. These terms supersede any previous agreements between you and trading-methods.com including any previous version of these terms.
13. Contact
Questions, comments, and requests regarding our terms and conditions are welcomed and should be addressed to trading-methods.com, or support@trading-methods.com.