Scanner Subscription Agreement
The Stealth Traders Stealth Scanner service, which encompasses each Scanner service for futures, Forex and stock (collectively hereafter referred to as the “Scanner”), is published as an information service for subscribers, and it includes potential setups for trading various futures instruments. However, Stealth Traders, LLC (hereafter referred to as “Stealth Traders”), publishers of the Scanner are not brokers or investment advisers, and they do not provide investment advice or recommendations directed to any particular subscriber or in view of the particular circumstances of any particular person. The Scanner and Stealth Traders, LLC do not guarantee that you will out-perform any particular markets. The information provided by the Scanner is derived from algorithms believed to be reliable but is not guaranteed as to accuracy or completeness. Subscribers to the Scanner or any other persons who buy, sell or hold securities should do so with caution and consult with a professional investment adviser before doing so.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY CLICKING THE “AGREE” CHECKBOX AND SUBSCRIBING TO THE SCANNER SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT CLICK THE “AGREE” CHECKBOX AND YOU MUST NOT SUBSCRIBE TO THE SCANNER SERVICE.
This Agreement entitles you to receive emails (or other notifications) from the Scanner, subject to your continued compliance with the terms of this Agreement.
Restrictions on Use
All emails (or other notifications) and the content contained therein are the intellectual property of Stealth Traders. THE EMAILS (OR OTHER NOTIFICATIONS) RECEIVED FROM THE SCANNER, AND THE CONTENT CONTAINED THEREIN, ARE INTENDED FOR PERSONAL USE ONLY. ANY COPYING, REDISTRIBUTION, FORWARDING, BROADCASTING, CIRCULATING, EMAILING, SHARING (IN ANY MANNER WHATSOEVER), SELLING OR LICENSING SUCH EMAILS (OR OTHER NOTIFICATIONS) OR THE CONTENT CONTAINED THEREIN WITHOUT THE EXPRESS WRITTEN CONSENT OF STEALTH TRADERS IS STRICTLY PROHIBITED. VIOLATORS WILL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.
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 subscription fee on each monthly anniversary of the date of your initial credit card or PayPal account charge, until such time as you cancel your subscription. You may cancel your subscription at any time by sending an email to firstname.lastname@example.org. Upon cancellation, email alerts will terminate at the end of your current monthly period, and you will no longer be charged any subscription fees.
You understand that the Scanner services for futures, Forex and stock are each separate services and each require separate subscription and payment. For example, if you sign up for the Scanner service for futures instruments and the Scanner service for Forex currency pairs, you are responsible for the subscription fees for both Scanner services.
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, we will cancel your Scanner subscription.
Stealth Traders reserves the right to change the subscription fee from time to time. We will give you 30 days notice of any subscription 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 subscription fee. The 30 day notice period is intended to give you a chance to cancel your subscription if you do not want to continue at the new subscription fee.
You may request customizations to your Scanner service, such as requesting specific instruments for which you would like to receive the Scanner alerts. Stealth Traders will use reasonable efforts to make the customizations for you, but does not guarantee that any customizations will be made, or made within a certain time period.
Stealth Traders does NOT receive compensation from any of the exchanges of the futures instruments that are indicated by the Scanner.
At various times, Stealth Traders, its officers, directors and/or employees may own, buy or sell the securities indicated by the Scanner for purposes of investment or trading.
The information supplied by the Scanner is provided for general informational purposes, as a convenience to the subscribers of the Scanner. The materials are not a substitute for obtaining professional investment or trading advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information.
Disclaimer of Warranties and Limitation of Liability
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 OF THE SCANNER FOR A PARTICULAR PURPOSE.
Stealth Traders makes no warranty that the Scanner will meet your requirements or operate under your specific conditions of use. Stealth Traders makes no warranty that operation of the Scanner will be secure, error free, or free from interruption. Stealth Traders also does not warrant the accuracy of any content generated by the Scanner, nor does Stealth Traders warrant that you will receive the Scanner emails within any particular amount of time. YOU MUST DETERMINE WHETHER THE SCANNER SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SCANNER SERVICE TO MEET YOUR REQUIREMENTS. STEALTH TRADERS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY LOSSES RESULTING FROM USE OF THE SCANNER.
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 PERFORMANCE, OR USE OF THE SCANNER, 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 price charged for the Scanner.
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. However, you may cancel the Scanner service at any time by sending an email to email@example.com.
Any and all purchases that result in a chargeback will result in Stealth Traders immediately canceling your Scanner service.
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.
Stealth Traders shall not be liable in any respect for failures to perform hereunder due wholly or substantially to the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, earthquakes, epidemics, quarantine restrictions, armed hostilities, riots or any other unavoidable events beyond the control of Stealth Traders, and the time for performance of obligations hereunder by Stealth Traders subject to such event(s) shall be extended for the duration of such event(s) and until normal operating conditions have resumed.
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.