End User License Agreement
This Stealth Traders indicator (the “Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Stealth Traders, LLC or its subsidiaries, affiliates, and suppliers (collectively “Stealth Traders”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (the “Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING THE “AGREE” CHECKBOX AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT CLICK THE “AGREE” CHECKBOX AND YOU MUST NOT INSTALL, USE OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to install and use one copy of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared use of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate license for each copy of the Software Product.
If you opted for a Full Stealth Mode monthly lease, you understand that you are subscribing to an ongoing service. You agree that we may automatically charge your credit card or PayPal account the amount of the monthly fee on each monthly anniversary of the date of your initial credit card or PayPal account charge, until such time as you cancel your monthly lease. You may cancel your Full stealth Mode monthly lease at any time by sending an email to firstname.lastname@example.org. Upon cancellation, your License Grant will terminate at the end of your current monthly period, and you will no longer be charged any monthly fees.
If your credit card or PayPal account information changes, you must notify us of such changes. If any attempted credit card or PayPal account charge is not approved, your monthly lease and License Grant will be terminated.
Stealth Traders reserves the right to change the monthly fee from time to time. We will give you 30 days notice of any monthly fee changes. You agree that after such 30 day notice, each ongoing monthly credit card or PayPal charge will be in the amount of the new monthly fee. The 30 day notice period is intended to give you a chance to cancel your monthly lease if you do not want to continue at the new monthly fee.
Restrictions on Transfer
Without first obtaining the express written consent of Stealth Traders, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble or otherwise attempt to derive the source code for the Software Product.
Commercial Use Not Permitted
The Software Product is intended for personal use only, and may not be copied, redistributed, published, broadcast, circulated or emailed to any friends, clients, investors, or sold to any third party as a part of any commercial service, including trading advisory services or live chat rooms. If you are found to use, or plan to use the Software Product in any commercial capacity, especially in a competitive nature, your code will be deauthorized and your licensed revoked without refund.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium.
If you are found to have decompiled, cloned or copied any or all portions of the Software Product in violation of this Agreement, you will be prosecuted to the fullest extent of the law.
Disclaimer of Warranties and Limitation of Liability
The Software Product is distributed and licensed on an “as is” basis.
You understand and acknowledge that there is a high degree of risk involved in trading futures, stocks, options and Forex. You should always consult a qualified advisor about the suitability of any investment.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY STEALTH TRADERS, STEALTH TRADERS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Stealth Traders makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Stealth Traders makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. Stealth Trades also does not warrant the accuracy of any content or reports generated by the Software Product. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. STEALTH TRADERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING FROM USE OF THE SOFTWARE PRODUCT.
UNDER NO CIRCUMSTANCES SHALL STEALTH TRADERS, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING TRADING LOSSES, LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF STEALTH TRADERS OR ANY OTHER PARTY, EVEN IF STEALTH TRADERS IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS STEALTH TRADERS’ ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining the prices charged for the our products and services.
U.S. GOVERNMENT REQUIRED DISCLAIMER – COMMODITY FUTURES TRADING COMMISSION FUTURES AND OPTIONS TRADING 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 THE FUTURES AND OPTIONS MARKETS. DON’T TRADE WITH MONEY YOU CAN’T AFFORD TO LOSE. THIS IS NEITHER A SOLICITATION NOR AN OFFER TO BUY/SELL FUTURES OR OPTIONS. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED ON THE WEBSITE. THE PAST PERFORMANCE OF ANY TRADING SYSTEM OR METHODOLOGY IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
CFTC RULE 4.41 – SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE SUCH 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 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 THOSE BEING SHOWN.
You should consider the following points before engaging in a day trading strategy.
Day trading can be extremely risky. Day trading generally is not appropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses.
In attempting to profit through day trading, you must compete with professional, licensed traders employed by securities firms. You should have appropriate experience before engaging in day trading.
Day trading on margin or short selling may result in losses beyond your initial investment. When you day trade with funds borrowed from a firm or someone else, you can lose more than the funds you originally placed at risk. A decline in the value of the securities that are purchased may require you to provide additional funds to the firm to avoid the forced sale of those securities or other securities in your account. Short selling as part of your day trading strategy also may lead to extraordinary losses, because you may have to purchase securities at a very high price in order to cover a short position.
Please be advised that all sales are final. No returns, refunds or exchanges, partial or otherwise, for any reason. Once your order has been placed and your credit card or PayPal account has been charged, there are no returns or credit. You may not return the product and demand a refund, as you were supplied intellectual property in the form of software and copyrighted material.
Any and all purchases that result in a chargeback will result in Stealth Traders immediately deactivating any and all copies of the software and a deactivation of machine ID’s.
FAILURE TO BE AWARE OF THIS POLICY DOES NOT QUALIFY YOU FOR A REFUND.
You agree to indemnify and hold Stealth Traders harmless from all claims, judgments, liabilities, expenses or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction
This Agreement shall be governed by the laws of the State of California, without regard to California’s conflict or choice of law provisions. It is expressly agreed that if any dispute, controversy or difference arises between the parties out of, in relation to, or in connection with this Agreement, you hereby irrevocably submit to the exclusive jurisdiction of the courts of Los Angeles County, State of California, regardless of your actual state or country of residence.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.