· “Market Trend Trading System” means the proprietary Market Trend Trading System investment analysis model for equity markets developed by FundTrading. The Market Trend Trading System and service are for informational use only and does not provide personal investment advice. Information about the Market Trend Trading System appears on the Website, and in weekly newsletters (“Newsletters”) and periodic market alerts (“Market Alerts”) sent electronically to subscribers.
· "Proprietary Information" means and includes the Market Trend Trading System, screen displays, data entry formats, database structures, database formats, and such other information as FundTrading shall so designate. This definition shall extend to Proprietary Information in whatever form such Proprietary Information may be embodied, including, but not limited to, source code, object code, flow charts, diagrams, terminal displays and printouts. Proprietary Information shall not extend to any information, or any embodiment of information, which has become general public knowledge or is generally known in the trade, or which becomes generally known in the trade.
· "Confidential Information" means information related to FundTrading's research, development, trade secrets, software design, or business affairs, but does not include information in the public domain.
· “Intellectual Property Rights” means all copyrights, patent rights, trademark, service mark and trade dress rights, trade secret rights, license rights, contract rights, moral rights (and waivers thereof), mask works, rights of publicity, rights in the nature of unfair competition rights, rights to sue for passing off, and all other intangible property rights of any kind that are, or may in the future be, recognized under the laws of any country, or any political subdivision thereof, or under any bilateral or international convention or treaty.
The FundTrading Newsletter and its Market Alerts are published by FundTrading.com, LLC. FundTrading is a financial publishing firm which provides analysis of the securities markets. The Newsletter is of general and regular circulation, and no consideration can be or is made toward a subscriber’s unique financial circumstances. FundTrading does not provide customized investment advice, which can only be provided by an investment advisor or broker. The materials published by FundTrading are for informational purposes only. No information contained in the Newsletter or Market Alert is intended as investment, tax, or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund.
Investing involves risk of loss and the potential exists to lose money. If you engage in margin investing your loss may exceed the amount invested. If your goal for a certain amount of your funds is that of capital preservation, FundTrading believes you should invest those funds in conservative investments. For more information on safe investing, review the information available at the web sites of the Securities and Exchange Commission at www.sec.gov and the National Association of Securities Dealers at www.nasd.com. Money you allocate to speculative investments such as options should be strictly the money you can afford to risk without negatively impacting your financial future. For more information on options, please visit the Options Clearing Corporation at www.theocc.com and read the information in the Characteristics and Risks of Standardized Options booklet.
The FundTrading Model Portfolio performance results are based on simulated trades, using historical data, using entry and exit points that could have been obtained during regular market conditions. All returns are calculated before the deduction of commissions, fees, and taxes. These returns may or may not be actually achieved by the subscriber. Hypothetical trades that are back-tested on historical data have certain inherent limitations including accounting for financial risk, market spreads, market delays and lack of market liquidity. Past performance is no guarantee of future results.
6. Conditions of Use
As a condition of your right to use this Website and the FundTrading Data, you agree to do or not to do the following:
· You are representing that you are at least 18 years of age. If you are not at least 18 years of age you may not access or use this site.
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· You shall not use any FundTrading Data for any commercial purpose, except for your company’s internal use.
· You agree that you bear the responsibility for your own investment research and decisions and you should seek professional advice and assistance on securities, tax and legal matters before making any investment. You acknowledge that FundTrading is not a licensed Financial Advisor, Securities Broker/ Dealer or Financial Planner.
· You shall take no action that, in any way, would infringe upon the copyrighted works of FundTrading or, in addition, would infringe upon the Proprietary and/or Confidential Information developed by FundTrading, as defined above.
· You shall not remove any proprietary, copyright, confidential or trade secret legend from any FundTrading Data.
· You shall not use the Website for any illegal purposes, nor restrict or inhibit any other visitors or members from using the site, including, without limitation, spamming, flooding, hacking or cracking or any portion of the site, transmitting any software or other materials that contain virus, worm, time bomb, trojan horse or other harmful or disruptive components.
· You shall not use any robot, spider, site search or retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website.
· You shall not harvest or collect information about Website visitors or members without their express consent.
· You shall not resell any FundTrading Data.
· You shall not express or imply that any statements you make are endorsed by FundTrading, without FundTrading’s prior written consent.
· You shall not modify, adapt, translate, sell, reverse engineer, decompile or disassemble any FundTrading Data.
· You agree that you shall be strictly liable for all damages to FundTrading that result from any disclosure of any FundTrading Confidential and/or Proprietary Information that result from any disclosure of same to any third party.
· You agree, as a registered subscriber of FundTrading and the Website, to provide accurate, current, and complete information about yourself as requested by the registration form and to maintain and update your information to keep it accurate, current and complete.
7. Intellectual Property
By using the services or Website you agree that FundTrading is the sole owner of the trademarks, trade dress, and logos used in connection with its services and software, including not limited to its marks FundTradingSM, FundTrading.comSM, Market Trend Trading SystemSM, FundTrading NewsletterTM, and FundTrading Market Alert™.
The exclusion of a copyright notice or trademark notice on any of the FundTrading Data shall not cause, or be construed to cause, the data or materials to be in the public domain.
8. Disclaimer of Warranties
FundTrading utilizes sources believed to be reliable, but due to the number of sources and reliability of electronic distribution FundTrading can not assure you that the information is accurate or complete. FundTrading disclaims any and all responsibility or liability for the accuracy, content, completeness, reliability, or operability of the services or data described, offered, or available through this Website.
The Website may contain links to other Internet websites or resources. FundTrading neither controls nor endorses such other websites, nor has FundTrading reviewed or approved any content that appears on such other websites. FundTrading is not responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on such content.
THE SERVICES AND DATA OFFERED OR AVAILABLE THROUGH THIS WESITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. FUNDTRADING HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE SERVICES, SOFTWARE, AND DATA, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, VIEW, OR OTHERWISE USE INFORMATION OR SERVICES AVAILABLE ON THIS WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Descriptions of, or references to, products, services or publications from this server do not imply endorsement of that product, service or publication. FundTrading makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information.
10. Cancellation Policy
Monthly, Half-Year, and yearly subscribers may cancel their subscriptions at any time effective on their renewal date. There are no refunds on Monthly, Half-Year. Or yearly Subscriptions.
All cancellation requests must be in writing.
Send an e-mail to email@example.com and notify FundTrading of your cancellation request. Include your name, e-mail address, phone number and enter "Cancellation" on the subject line. We will e-mail you a confirmation within two business days.
11. Disclosure Policy
FundTrading may hold positions in some or all of the individual securities that are described on the Website, Newsletter, and/or Market Alerts. FundTrading trades on some or all of the signals produced by the Market Trend Trading System.
14. Limitation of Liability
IN NO EVENT SHALL FUNDTRADING 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 FOR CONTRACT, NEGLIGENCE OR ANY OTHER TORT, CLAIM, OR CAUSE OF ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ITS SERVICES, DATA, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS WEBSITE.
Your sole remedy for dissatisfaction with the Website and/or FundTrading Data is to stop using the service and the Website. The sole and exclusive maximum liability to FundTrading for all damages, losses and causes of action (whether in contract, tort (including without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the site.
In the event of any claim against you or against FundTrading arising out of your use of this Website, or the services, or data offered or available through this Website, you agree to indemnify and hold harmless FundTrading from and against any and all loss, damages, or liability, including but not limited to the cost of a defense, including attorney’s fees and all expenses, arising from or related to such claim.
Any claim or notice by You to FundTrading must be made in writing to: FundTrading.com, LLC, P.O. Box 2485, Fair Oaks, CA 95628.
17. Choice of Law
18. Choice of Forum
20. Entire Agreement
Last modified: 06 June 2017