Terms and Conditions of Service
The Terms and Conditions below supervise any use of, or action in, this website – http://theintentionaltrader.com (this “Website”). Please review these Terms and Conditions carefully. If you don’t agree to any of the terms or conditions, please immediately cease any usage of this Website. If you need any further information or clarifications regarding the Terms and Conditions, or if you wish to negotiate any deviations, you are welcome to contact us directly, or by email: firstname.lastname@example.org.
Any use of this Website, as well as the purchase and/or use of any product or service provided by the Company (“Product” and “Service” respectively) shall be deemed an explicit acceptance of this Terms and Conditions. We reserve the right to update the Terms and Conditions at any time without notice. The most current version of the Terms and Conditions can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our web pages and would be in effect commencing the date of its first post herein.
The website and all the content herein is a property of LaCon-Kres LLC, a limited liability company organized under the laws of Georgia, Unites States Of America (the “Company”).
Minimal Age Requirement
This Website is for majors only. If you are under the age of 18 or under the age of majority applicable in your country, you should cease any use of the Website and the Products and Services. By accepting this Terms and Conditions you warrant that you have reached the age of majority applicable in your country.
Intellectual Property and Restrictions on Use
All materials and products on this Website, including, without limitation, algorithms, methods, code, texts, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are intellectual property of the Company. Unless given an explicit written permission of by the Company, you may not modify, copy, distribute, transmit, display, perform, reproduce, distribute, publish, license, create derivative works from, transfer, or sell any information, Products or Services.
Any reproduction or redistribution of the Products not in accordance with these Terms and Conditions expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
You may not add, delete, distort or misrepresent any content on this Website. Any attempts to modify any material, or to defeat or circumvent the site security features are prohibited.
Without limiting the foregoing, please note that copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.
Considering the nature of the Products and Services provided by the Company, to the extent permitted under the applicable law, the Company would not refund any amounts paid for any product or service purchased from the Company.
If you believe that the Product you have purchased is defective, you may apply to the Company to replace the Product or remove the defects. This right shall be your sole remedy in the event of a defect in the Products.
Limited License and End User License Agreement
The Product provided to you by the Company may be accompanied by an End User License Agreement (“EULA”), which would include specific provisions applicable to such Products. The EULA is an integral part of this Terms and Conditions. In the event of any contradiction between the provisions hereof and the provisions of the EULA, the provisions of the EULA shall prevail.
BY INSTALLING, COPYING, OR OTHERWISE USING ANY OF THE COMPANY’S PRODUCTS, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY ALL OF THE PROVISIONS OF THIS TERMS AND CONDITIONS and of the EULA.
Upon your acceptance of the Terms and Conditions and the EULA, the Company grants you a non exclusive, non transferable, limited license to use the Product in the manner set forth herein and in the EULA.
The Product remains the exclusive property of the Company. As long as you fully comply with the terms in this Terms and Conditions and the EULA, you may use the Product as set forth in the Terms and Conditions and the EULA.
You must not give, provide or transfer the Product or any copies of it to any other persons or entities.
You must take reasonable steps to prevent any third party from copying the Product from one of your computers or removable devices.
You must not attempt to reverse compile, modify, translate or disassemble the Product, in whole or in part.
The Company reserves the right to revoke your license if you violate any or all of the provisions of this license agreement.
Any rights not expressly granted herein are reserved.
THE COMPANY WARRANTS THAT THE PRODUCTS WILL BE FREE FROM MATERIAL DEFECTS FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. OTHER THAN THE LIMITED WARRANTY SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OR OPERATION OF THE PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXCLUDED
THE COMPANY MAY MAKE AVAILABLE, AS PART OF THE SERVICES OR IN PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THE COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
Limitation of Liability
The Company and its representatives do not accept any responsibility to any defects in the Products, or results thereof, which are made or caused by the users or any other persons or entities which are not directly related to the Company, including, without limitation, as a result of inappropriate use or storage of the Products or an attempt to alter the Products in any way.
The Company and its representatives do not accept any responsibility for any potential loss or damage (direct or indirect, material or moral) of any kind resulted from the use of the Products, the Services or any information found on this Website. These include (but are not limited to) damages or injury caused by any: Use of (or inability to use) the site or product or service, use of (or inability to use) any site or product or service to which you hyperlink from this Website, failure of Website or product or service to perform in the manner you expected or desired, error on or defect on Website or product or service, delay in operation or transmission of Website or product or service, computer virus or line failure.
Any information found on this Website, the Services, the Products, and the information and actions provided by them do not represent offers to buy or sell securities, commodities, currencies etc. Anyone involved in financial transactions does that at his or her own risk and expense, and the Company and its representatives shall not be held responsible for damages of any kind resulting from trading real money on the market on the account of the information found here.
BY USING THE PRODUCTS OR THE SERVICES OFFERED BY THE COMPANY OR BY USING THIS WEBSITE, YOU AGREE THAT THE COMPANY OR ITS REPRESENTATIVES AND ANY OTHER ENTITIES ASSOCIATED WITH THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER ARISING FROM THIS USAGE, OR THE USE OF ANY INFORMATION, SIGNALS, SOFTWARE, MESSAGES, MANUALS, WORKSHEETS, INSTRUCTIONS, ALERTS, TEMPLATES, DIRECTIVES AND/OR ANY OTHER INFORMATION CONTAINED, PROVIDED OR GENERATED BY THE PRODUCTS, THE SERVICES OR OTHERWISE.
YOU USE THIS SITE, THE PRODUCTS AND THE SERVICES OFFERED BY THE COMPANY AT YOUR OWN RISK. NEITHER GUARANTEES OF PERFORMANCE, RESULTS NOR IS ANY ANTICIPATED RETURN ON INVESTMENT OFFERED AT ANY TIME.
IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY PRODUCTS, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE PRODUCTS OR SERVICES.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEADOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
All materials included in this Website are intended to be used for commercial purposes of the Company and may, therefore, include advertising materials.
Personal Information and Advertisements
By accepting these Terms and Conditions you acknowledge and agree that the Company store any personal information provided by you to the Company. The Company will not transfer your personal information to any third party without your prior approval. The Company shall have the right to use your personal information in order to send you advertising materials of the Company. You may request the Company to cease sending such advertising materials to you at any time, simply by sending an email to the Company.
Links to Third Party’s Sites
The Products and their performance may be based on historical and/or hypothetical performance results. 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 historical and/or hypothetical performance results and the actual results subsequently achieved by any particular trading program. One of the limitations of hypothetical performance trading 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 is material points which 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.
The company, or any of its representatives, is neither a registered Investment Advisor nor a Broker/Dealer. Readers, trade room attendees, and product users are advised that all information is issued solely for informational purposes and is not to be construed as an offer to sell or the solicitation of an offer to buy, nor is it to be construed as a recommendation to buy, hold or sell (short or otherwise) any currency.
All opinions, analyses and information included herein are based on sources believed to be reliable and written in good faith, but no representation or warranty of any kind, expressed or implied, is made including but not limited to any representation or warranty concerning accuracy, completeness, correctness, timeliness or appropriateness. In addition, we do not necessarily update such opinions, analysis or information.
It should also be understood that hypothetical performance results may be posted on the website or given to third parties by other methods. Such hypothetical performance results have inherent limitations in that they have been prepared with the use of past performance which is no guarantee of future results. Performance can and does vary between individuals.
Trading stocks, futures, Forex, options, ETFs and any other financial instrument has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in stocks, futures, Forex, options, ETFs or any other financial instruments. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell stocks, futures, Forex, options, ETFs or any other financial instrument. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
Government Required Risk Disclaimer and Disclosure Statement
OUR PRODUCTS ARE BASED, AMONG OTHER THINGS, ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS.
THESE RESULTS ARE BASED ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS THAT HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER-OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL 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 THESE BEING SHOWN
Neither NinjaTrader LLC nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the NinjaTrader Platform.
Governing Law and Jurisdiction
These Terms and Conditions and the relationship between you and the Company will be governed by and construed according to the laws of the State of New York, without reference to conflicts or choice of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from applying to the relationship between you and the Company. Both you and the Company hereby agree to submit any dispute arising out of, or relating to the relationship between you and the Company, to the exclusive and mandatory jurisdiction of a court of appropriate subject matter jurisdiction located within the state of Georgia, county of Cherokee and you hereby submit to the personal jurisdiction of said court.
PLEASE NOTE THAT USE OF OUR WEBSITE, PRODUCTS, AND/OR SERVICES IMPLIES KNOWLEDGE AND ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH ABOVE.