PLEASE READ THIS DOCUMENT CAREFULLY
The information contained herein is subject to change without notice.
By purchasing the Emini Futures Day Trader system or by accessing any part of our website, you are agreeing to accept and abide by all Terms and Conditions listed in this document.
If you do not agree with any portion of this document, do not purchase the Emini Futures Day Trader system.
The words "this service" refers to the Emini Futures Day Trader service and the "EminiES" automated futures trading system.
The words "you," your" and "yours" mean the person who purchased the Emini Futures Day Trader system.
The word "Website" refers to:
"We," "our" and "us" refer to Emini Futures Day Trader.
All sales are final. All charges are non-refundable.
Copyright and Limitations on Use
The information available through the website is the property of Emini Futures Day Trader and may be displayed, formatted and printed for your personal, non-commercial use only. You may not reproduce, distribute, sell, publish, broadcast, or circulate the information received through the website to anyone, including, but not limited to, others in the same company or organization, without prior written consent of Emini Futures Day Trader.
You may not post any content from the website or trade signals generated by the EminiES trading system to newsgroups, mail lists, electronic bulletin boards, or any other electronic service without prior written consent of Emini Futures Day Trader including facts, views, opinions, and educational information. Copying and/or electronic transmission of any content of the website is a violation of copyright law.
Disclaimer of Warranties and Liability
Due to the number of sources from which news and information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in such information. Emini Futures Day Trader, its affiliates, and employees cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of information available through the website. In no event will Emini Futures Day Trader, its affiliates, and employees be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
Emini Futures Day Trader shall not be liable to you or anyone else for any loss, injury or damage, monetary or otherwise, resulting directly or indirectly from the use of the Emini Futures Day Trader service or from information presented on the website (including, without limitation, consequential, special, incidental, direct, or similar damages). Even if advised of the possibility of such damages, the liability of Emini Futures Day Trader, its affiliates, and employees, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with Emini Futures Day Trader or the information on the website shall not exceed the amount you paid to Emini Futures Day Trader for the use of the Emini Futures Day Trader service. Your access to and use of the Emini Futures Day Trader service is at your sole risk.
Emini Futures Day Trader, its affiliates, and employees are not responsible for your inability to login to the website, either because of poor internet connections, incorrect typing of log-ins or passwords, and/or browser incompatibility or any other problem. We will make every effort to ensure that the website servers remain operational with adequate performance and response time. However, there may be times when the website servers are down or response time is slow due to power outages, network problems, regular maintenance, high traffic volumes, or other reasons. Emini Futures Day Trader, its affiliates, and employees are not responsible or liable, for any loss or damage caused by your inability to use or access the website, whether or not caused in whole or part by negligence from Emini Futures Day Trader.
This service is provided "as is," without warranty of any kind, either expressed or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with Emini Futures Day Trader. Emini Futures Day Trader disclaims any and all warranties. This disclaimer of liability applies to any damages or injury caused by any aspect of the Emini Futures Day Trader service.
Information Related To Guarantees, Trade Results, and Return Statistics
We cannot and will not guarantee that you will not lose money or that you will make money from the information posted on this website or from the use of the trading system. Past results do not guarantee future results. Futures trading involves substantial risk. You can lose money trading futures and the loss can be substantial but is limited to your investment. Losing trades can occur, have occurred in the past, and will occur in the future. Only risk capital should be invested since it is possible to lose your entire principal. Your use of this website and the trading system is at your own risk. You should read "Characteristics and Risks of Futures" to further understand the risks of trading Futures.
We are not licensed financial planners, financial advisors, stockbrokers, investment brokers, or investment advisors. Before making any trades, check with a financial planner, investment advisor, tax advisor, or anyone else that controls your finances to make sure futures trading is right for you. Emini Futures Day Trader is a financial publication service of general circulation and therefore the information provided on this website should not be construed as individual investment advice. All information presented on this website is the opinion of Emini Futures Day Trader only and is not a solicitation to buy, sell, or hold any investment or security of any kind.
The information that is distributed on the website has been obtained from sources deemed reliable but cannot be guaranteed accurate or complete. The subscriber should proceed with caution and be responsible for independently researching the information on this site.
Emini Futures Day Trader uses the prices reported to us by Trade Station to determine past performance numbers. Our performance numbers include estimated commissions only and do not include other various fees, which will decrease the amount of money you could make trading. If you choose to manually trade each recommendation, your performance may differ from the performance numbers stated due to the way trade orders are routed and executed.
If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. The laws of the United States of America and the state in which Emini Futures Day Trader originates shall govern this agreement. Any disputes between parties shall be submitted to binding arbitration to be conducted pursuant to the rules of the American Arbitration Association in the county in which Emini Futures Day Trader resides. Each party hereby waives any and all rights and benefits, which it might otherwise have or be entitled to under federal law or the laws of any state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. Any award may include an award for attorney fees and costs.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT 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 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
HYPOTHETICAL PERFORMANCE DISCLAIMER: HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. 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 HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE 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 ARE 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.