IndicatorSmart User Agreement
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE ("THE SOFTWARE"). BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
- License. If you have purchased a license to the Software, Axiom Research and Trading, Inc. (IndicatorSmart) grants you a limited, personal, non-sublicensable, non-exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. If you are a minor, you are not eligible to use the software. You may use the Software on a single home computer. You may also use the Software on a second (portable or home) computer so long as only one copy is used at a time. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online (if available), but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software.
Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties, shall be subject to terms of this License.
- Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. For the purposes of protecting IndicatorSmart trade secrets, you may not decompile, disassemble, reverse-engineer or otherwise display the Software in human-readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement.
- You may not Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Software.
- You agree not to transmit or communicate the data from the application over a network or in any other manner. You may not sell, transfer or communicate the IndicatorSmart forecasts, trades, tools or training materials to any third party in any manner without our prior express written consent. The use of IndicatorSmart tools may requires a high speed internet connection and access to a valid NinjaTrader license. Though it may work without such a connection, you understand and acknowledge the service you receive with a lesser connection may be reduced over the with a high speed connection. You are responsible for paying all applicable taxes and other costs you may incur in connection with your use of the IndicatorSmart products including but not limited to all hardware and software costs and providing all equipment and software necessary to connect and to use the product via the Internet and any royalties or other charges relating to the use of data owned by third parties. IndicatorSmart may from time to time present programming fixes, updates and upgrades to you, including version updates to the IndicatorSmart. IndicatorSmart is not under obligation to automatically provide you with program upgrades and is not responsible for changes made resulting from code upgrades. Connection to the internet is subject to many conditions that can delay receipt of information transmitted at any number of points along the system. Many factors can influence this. IndicatorSmart cannot be held responsible for failures of internet at any level. Client accepts full responsibility for the reliability of internet. IndicatorSmart cannot be held liable in any way for the operation of the software on your computer. Many factors can influence the operation of the software on your computer including, but not limited to the following; your NinjaTrader interface, data feeds, your computer's operating system.
- In the event IndicatorSmart finds infringement of copyright or other proprietary rights as a result of your use and/or possession of IndicatorSmart. It has the full right to terminate this license permanently and without notification. You are not entitled to refund or recourse.
- You agree to protect the IndicatorSmart code, manual, and intellectual property it has conveyed to you from falling into the hands of others. IndicatorSmart property is encoded. As a result, it can be tracked back to its source. In the event you are found to have allowed the transmission of IndicatorSmart property to others in any manner, you understand such conveyance will result in irreparable harm to IndicatorSmart and that an award of money damages, alone, will not be adequate to remedy such harm. Consequently, in the event of violation or threat to violate this restriction, IndicatorSmart , in addition to any other rights and remedies provided under the law, shall be entitled to both: (a) a preliminary or permanent injunction in order to prevent the continuation of such harm; and (b) money damages, insofar as they can reasonably be determined, including, without limitation, all reasonable attorneys' fees and costs incurred by IndicatorSmart in enforcing this restriction. In the event that any officer, director, member, employee, representative, or agent of you violates, or threatens to violate, any of the above representations, covenants and/or restrictions, you shall agree to prosecute any such violations on behalf of IndicatorSmart and accept all corresponding financial responsibility for monetary damages and/or costs caused by such actual or threatened violation.
- Refund Policy-Since the successful use of the software is dependent on your effort and willingness to take risks to benefit from its content, you agree and understand that no refunds will be made for your decision to discontinue usage of the software at any point in time. You further agree and understand that making the decision to purchase IndicatorSmart will give you access to trade secrets that are worth more that the amount you paid for the IndicatorSmart. For this reason alone, you agree no refunds will be given under any circumstances. Receipt of the software, therefore, in and of itself, constitutes full value received. Results from one user to another will possibly vary greatly depending on the user’s desire, effort, state of mind, personality etc. Trading is not for everyone and, most people lose. Further, many traders who use the software will possibly benefit greatly where others lose because they use the software in very different ways that work with their particular personality and style of trading etc.. Therefore, by accepting this agreement, you acknowledge that refunds will not be given under any circumstances.
- IndicatorSmart software is provided for informational and educational purposes only. Any trades placed upon reliance on IndicatorSmart are taken at your own risk for your own account and you further agree to trade using your personal trading account only. Past performance is no guarantee of future results. Most systems or trading indicators are based on historical formulas which have worked in the past. However, what has happened before may or may not happen again. You can lose your money trading stocks, futures, mutual funds and options 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 a suitable potion of your account on any one trade. There are no guarantees or certainties in trading. Trading involves hard work, risk, discipline and the ability to follow rules and trade through any tough periods during a period of draw downs. If you are looking for guarantees, trading is probably not for you. Most people lose trading. One of the reasons is that they lack discipline and are unable to be consistent. A system or consistently adhered to approach 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. IndicatorSmart guarantees you will lose money trading. IndicatorSmart also guarantees you will make money trading if you trade long enough with any level of intent and effort. Trading is a balance between winning and losing trades where you hope or expect to have the winners be larger than the losers in time. Understanding this balance between risk / reward and win / loss ratios over time is critical to your success. The key is in skewing these factors to your favor. There is no guarantee you will be able to do this and various factors such as account size, psychology and timing will vary your personal result. No matter how you reduce it, being successful with IndicatorSmart will reduce to your skill trading and your ability to manage a wide variety of complex factors.
- PAST PERFORMANCE DOES NOT GUARANTEE FUTURE RESULTS. The descriptions of the various trading methods presented by IndicatorSmart describe the objectives of each. There are no guarantees that any stated objective will be met. IndicatorSmart does not promote any stocks, futures or options of any kind. IndicatorSmart is not investment advice. IndicatorSmart does not received any compensation from any company whose stock or futures contract appears in any IndicatorSmart materials and has no financial interest in the outcome of any trades mentioned therein. There is substantial risk of loss trading stocks and options, you need to determine your own suitability to trade stocks and/or options and there may be tax consequences for short term profits/loss on trades. Consult your tax advisor for details on this if applicable.
- SOME OF THE TRADE EXAMPLES IN INDICATORSMART MATERIALS MAY INCLUDE HYPOTHETICAL EXAMPLES FOR ILLUSTRATION PURPOSES. 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. INDICATORSMART , ITS PRINCIPLES AND EMPLOYEES TRADE FOR THEIR OWN ACCOUNTS AND RESERVE THE RIGHT TO CONTINUE TRADING FOR THEIR OWN ACCOUNTS. THE RESULTS OF ANY SUCH TRADING ARE CONFIDENTIAL AND ARE NOT AVAILABLE FOR INSPECTION UNDER ANY CIRCUMSTANCE.
- YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND INDICATORSMART , AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY INDICATORSMART , DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE OR MISUSE OF THE SERVICE'S CONTENT, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- If you are a licensed professional: IndicatorSmart is not for usage by professionals. If you are a licensed professional, do not use this software without contacting IndicatorSmart for permission to do so. A PROFESSIONAL is any individual who is licensed, holds their self out to the public as an investment adviser, broker etc. is a member of the NASD, NFA or other self regulatory agency, or is registered with the CFTC or manages client funds in any capacity. PROFESSIONAL shall not, either directly or indirectly, for itself or for the benefit of any other investment or financial services firm or professional (ie. registered investment adviser, broker-dealer, bank, trust company, insurance agency, etc.), render, nor solicit to render financial service, investment management, financial planning, insurance, or any other related consulting or investment advisory or related consulting services utilizing IndicatorSmart signals, data, research or other information without the prior express written consent of IndicatorSmart. PROFESSIONAL acknowledges and understands that its violation of this section will result in irreparable harm to IndicatorSmart and that an award of money damages, alone, will not be adequate to remedy such harm. Consequently, in the event that PROFESSIONAL violates or threatens to violate this restriction, IndicatorSmart , in addition to any other rights and remedies provided under the law, shall be entitled to both: (a) a preliminary or permanent injunction in order to prevent the continuation of such harm; and (b) money damages, insofar as they can reasonably be determined, including, without limitation, all reasonable attorneys' fees and costs incurred by IndicatorSmart in enforcing this restriction. In the event that any officer, director, member, employee, representative, or agent of PROFESSIONAL violates, or threatens to violate, any of the above representations, covenents and/or restrictions, the PROFESSIONAL shall agree to prosecute any such violations on behalf of IndicatorSmart and accepts all corresponding financial responsibility for monetary damages and/or costs caused by such actual or threatened violation.
- Trading for the accounts of others: Any trades placed upon reliance on IndicatorSmart tools are taken at your own risk for your own account and you further agree to trade your personal trading account only whether Professional or not. In the event you wish to do so, please contact IndicatorSmart for details on how to do this.
- Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of thirty (30) days from the date of installation of the Software.
- Warranty Disclaimers. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT INDICATORSMART) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
INDICATORSMART DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY INDICATORSMART OR BY A REPRESENTATIVE OF INDICATORSMART SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY.
Notwithstanding the above, you may have certain warranty rights which vary from state to state and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law.
- Limitation of Liability. YOUR SOLE REMEDIES AND INDICATORSMART’ ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL INDICATORSMART BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL INDICATORSMART’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You agree that IndicatorSmart will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation.
- Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Government Restricted Rights. The Software has been developed at private expense and is "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense.
- IndicatorSmart ®, the INDICATORSMART logo, and other INDICATORSMART related properties are trademarks of INDICATORSMART . All other trademarks appearing on IndicatorSmart are trademarks of their respective owners.
- The failure or delay of INDICATORSMART to exercise or enforce any rights or provision of the License does not constitute a waiver of such right or provision.
- Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if this License had been executed without that part having been held to be invalid.
- This License as well as all disputes arising out of or in connection with this License shall be governed by the laws of the State of California, County of San Diego USA., without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with this License, or in future agreements resulting there from, shall be exclusively resolved before the competent court in the State of California, USA. And County of San Diego.
- Entire Agreement. This Agreement is the complete agreement between IndicatorSmart and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. If you have any questions concerning this Agreement, you may write to IndicatorSmart, Customer Service, [email protected].