Dynamic Trend Profile Disclosure/Disclaimer
The product being licensed to you is the Dynamic Trend Profile. The product is licensed as a non exclusive yearly or monthly lease. This product will be licensed to other individuals simultaneously. The product includes computer programs, manuals, brochures, updates, revisions, seminars, web demos, training lessons and other web contents and other miscellaneous documentation and instructions for the use of the product.
Monthly Subscription. All monthly subscriptions are automatically charged/debited on the customer’s monthly anniversary date. Monthly charges will automatically renew each month. The monthly subscription will remain in effect until the account is terminated. Termination of the account must be done in writing via email, or mail (return receipt requested). There will be no partial or prorated refunds. After verification of written termination of the account, the account will expire at the next monthly anniversary date.
Yearly Subscription. All yearly subscriptions are automatically charged/debited on the customer’s Yearly anniversary date. Yearly charges will automatically renew each Year. The Yearly subscription will remain in effect until the account is terminated. A yearly subscription cannot be terminated until the end of one year following the date when the yearly subscription payment was made. Notice of termination of the account must be issued one month prior to the Yearly anniversary date in writing via email or mail (return receipt requested). There will be no partial or prorated refunds on a yearly subscription.
The product is licensed “As Is”. Dynamic Trend, Inc will use its best efforts to correct any program operation errors upon proper notification by the user. The sole obligation in the event of a defect is to provide programming and technical support as necessary to correct the defect or refund the purchase price of the product under this Agreement. If the product is or likely to be the subject of a copyright or patent infringement claim, Dynamic Trend, Inc, may a) Obtain the right to continue using the product or b) Replace or alter them to make them non infringing. If neither of these alternatives is reasonable available, Dynamic Trend, Inc, may discontinue the license for the product on prior written notice to the user.
This product uses highly complex forms of analysis that are based on theories and historical analysis, and therefore, is by their nature, untested and unproven as to future performance. In the development of this product, Dynamic Trend, Inc. has taken care to create the analysis models correctly and to use valid historical data to test the models, but Dynamic Trend, Inc. cannot and does not guarantee the models or validity of the data used to create the models. Nor will Dynamic Trend, Inc. be responsible for damages or losses caused by model failures or delays in delivery to the customer. This product does not provide specific trading recommendations. Rather, it is a framework of technical and historical analysis, which requires you to make a variety of critical decisions that determine how the product will react to market conditions.
You the user will pay all state and local sales taxes when levied, on the product or on the use of the product. Any such taxes payable by Dynamic Trend, Inc, will be billed to and paid by the user of this product.
The product and the attendant literature are believed to be accurately presented. However, it is not guaranteed as to the accuracy or completeness, and is subject to change without notice at any time. There is no guarantee that the systems, trading techniques, trading methods, indicators or any other information used or provided by this product will result in profits, or not result in losses. It should not be assumed, nor is any representation made, that the methods presented by this product can guarantee profits in the futures markets or stock markets, or options on futures or stocks, or stock indices, or mutual funds, or any other financial instruments, or that future performance of the product will in any way equal or compare to the past. Neither Dynamic Trend, Inc., its employees, nor Tom Joseph provide any specific trading recommendations through the product, or otherwise and you may not infer that any such advice is intended. You, the user of the product, are responsible for your own actions, decide whether or not to use the product in the pursuit of your trading and agree to hold Dynamic Trend, Inc., its employees, and Tom Joseph harmless for any damage or loss that may occur.
Past performance is no guarantee of future results. Only risk capital should be used to trade futures, stocks, or options on futures or stocks, or mutual funds, or any other financial instruments, whether in conjunction with this product or otherwise. Futures, stocks, or options on futures or stocks, or stock indices, or mutual funds, or any other financial instruments involve a high degree of inherent risk and the possibility for loss is great. All investments and trades carry risks, and all trading decisions are ultimately made by you and you are solely and individually responsible for the decisions and the results of those decisions.
Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
Dynamic Trend, Inc, is not a market data provider and will not be responsible for any errors in the data used in conjunction with this product, including but not limited to incorrect or missing data. Such errors may cause the product to provide you with incorrect information that could result in substantial losses. It is your duty to monitor and be responsible for finding and correcting any such data errors that may occur. The product could also provide substantially different results when using delayed data instead of real time data.
This product relies on a) the World Wide Web (internet) for access to our servers and b) streaming data from the user’s data provider. Disruption of either of these services may cause the product to provide you with incorrect, incomplete or intermittent information that could result in substantial losses. Dynamic Trend, Inc will make every effort possible to prevent any disruption of its servers or connections, but nonetheless such disruptions can and do occur. Dynamic Trend, Inc. or Tom Joseph will not be responsible or held responsible for any downtime or damages or losses caused by such disruption.
This product is strictly intended for individual use only. Use of this product or the results obtained there from for any commercial or advisory purposes are strictly prohibited. Use for any purpose other than individual, private use will automatically void your license. The user of this product or his agent is prohibited from disassembling, modifying, repairing, reverse engineering the product. Any attempt to do so will automatically void your license.
This product or the contents of our web site or manuals/seminars do not have regard to the specific investment objectives, financial situation and/or the particular needs of any specific person who may have access. Persons using this kind of analysis for trading, typically are very aggressive traders and should appreciate the great speculative risk which is inherent in such trading. The information provided through this product or on web site or manuals/seminars is not directed to, or to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dynamic Trend, Inc., or any of its officers or employees to any registration requirement within such jurisdiction or country.
Officers and employees of Dynamic Trend, Inc., as well as Tom Joseph individually may trade and maintain positions in futures, stocks, or options on futures or stocks, or stock indices, or mutual funds, or any financial instruments that may agree or differ substantially from trades entered into by you while using the product.
This Agreement is governed and construed in accordance with the laws of the State of Ohio. Any or all proceedings relating to the subject matter hereof shall be maintained in the courts in the County of Summit, in the State of Ohio, or the federal district courts sitting in Ohio, which courts shall have exclusive jurisdiction for such purpose. In the event Owner must seek legal proceedings to enforce a breach of the terms of this Agreement by Customer, Customer shall be liable for all costs and attorney's fees. Should Customer bring any action in arbitration or reparations, the site of such hearing shall be in the State of Ohio.
This agreement shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors, and assigns.
Hypothetical or simulated performance results have many inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. In fact, there are frequently sharp differences between hypothetical performance results and the actual results achieved by any particular trading program.
Also, since the trades have not actually been executed, the results may have been under or over compensated for the impact, if any, of certain market factors, such as liquidity. Hypothetical or 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 of losses similar to those shown. Hypothetical trading does not involve financial risk and hypothetical trading record can completely account for the impact of financial risk in actual trading.
Dynamic Trend, Inc may terminate this Agreement or discontinue any license to this product at any time for any reason with a 30 day written notice to the user. Dynamic Trend, Inc has the right to transfer or assign this Agreement and the product and the license to this product including any and all rights to this product (Dynamic Trend Profile) to any party or entity at any time without prior written notice to the user.
If any provision of this agreement is invalid under applicable statue or rule of law, such provision is deemed omitted and the balance of this Agreement shall remain binding on the parties.
The User acknowledges and agrees that neither Dynamic Trend, Inc., its employees, nor Tom Joseph or their respective heirs or successors, makes any representation or guarantee regarding how this product may perform in the future; regarding User's ability to utilize the information and techniques described in this product; or regarding User's likelihood of success in attempting to utilize same. User also acknowledges that this Agreement represents the entire liability and warranty of Dynamic Trend, Inc. In the event that any liability or breach of warranty, express or implied, is alleged or a judgment is awarded in any legal forum notwithstanding the above, such liability or judgment shall be limited or reduced to the price of the product paid to Dynamic Trend, Inc by the user under this agreement. User's payment for the product, Dynamic Trend Profile shall be evidence of User's full acceptance of all of the above terms.