TREND FOLLOWING TRADES, LLC
NON-DISCLOSURE, NON-COMPETE, HOLD HARMLESS AND CONFIDENTIALITY AGREEMENT
TREND FOLLOWING TRADES, TRENDFOLLOWINGTRADES.COM, TREND FOLLOWING TRADES, LLC hereafter to as "The Company" warrants and states the following...
The Company offers an indicator package and optional support services designed to educate Traders about various trading techniques to be utilized in trading of chartable financial instruments. This service is intended for educational purposes only, considered to always be done in a simulation environment. By subscribing or purchasing any products or services, Trader enters into this agreement even if he/she may have already entered into a similar one previously. These trades, may or may not have been implemented by Trend Following Trades, LLC or its employees, and they may in fact at times have held positions counter to those identified. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in the educational materials. The TFT indicator package and support services are neither a solicitation nor an offer to buy or sell commodities or other financial interests. We are not licensed Traders and do NOT under any circumstances offer any buying or selling advice.
Now THEREFORE, in consideration of the mutual covenants and agreements set forth below, Company and Trader agree as follows:
The Company agrees to provide the Trader with instruction in trading via classes to be conducted online via web conferences, with no predefined schedule. In most cases, these classes will be recorded and posted in the Member Area training section of the website after the conference has concluded, for those that are unable to attend the live sessions. TFT will also allow the Trader access to the restricted Members Area of the website, per the maximum security settings provide by WordPress website software. This website software type could change at any time and if so will always be set to the “maximum security setting” of the software that is used at that time. The Company shall provide the Trader with materials as the Company deems necessary to instruct and inform the Trader, and allow the Trader to participate in trading simulations. The Trader understands that any trading sessions or training material contained within TFT's website will not provide advice or counsel in the form of trading recommendations or buy/sell advice.
NON-DISCLOSURE OF PROPRIETARY INFORMATION
Trader acknowledges and understands that the Company has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing the course materials, the support services, and all information developed in connection with training material.
Therefore, it is recognized by the Trader that the Company’s Proprietary Information includes, without limitation, TFT Indicators, all written and online course materials, marketing and advertising materials and methods, trading methods, software programs, charts and indicators developed by the Company, including methods of operations, publications, and business practices.
The Company derives both actual and potential economic value from not having its Proprietary Information generally known by other persons who can obtain economic value from its disclosure or use. Additionally, the Company has made substantial efforts to ensure that its Proprietary Information remains secret and confidential, outside of leasing or lifetime Members.
During the TFT Lease or Lifetime Membership, the Trader will be given access to TFT’s Proprietary Information, and therefore agrees that such Proprietary Information will not be used for any purpose outside of the terms of this Agreement.
The Trader also agrees that not for any reason, at any time, without the written consent of TFT, to disclose, replicate, duplicate, redistribute, broadcast in any way, in whole or part, to any other person, entity or third party, any of TFT’s Proprietary Information.
The above is true during and after any lease term that may have expired or in the case that the user has been “disconnected” because of violation of this agreement.
Trader agrees that he or she is enrolling or has already subscribed to or purchased the Trend Following Trades Membership for the sole purpose to learn to trade chartable financial instruments. Trader further agrees that he or she is not enrolling or has enrolled in the Company's service for any reason whatsoever for the purpose of competing with Company’s business enterprise or otherwise obtaining Company’s Proprietary Information or trade secrets for any use or other reason than to learn to trade from the Company’s training material and methodology.
Trader also acknowledges and agrees that the Company has a valid interest in preserving and protecting its business enterprise of offering services and software that teach and identify trading methodologies, both trend following and trend fading.
Once again, a violation of this agreement will result in immediate and permanent disconnection of all website and indicator use and access.
By executing this Agreement, Trader agrees that no one affiliated with the Company has or will guarantee that using the Company’s indicators, software or training will result in financial profits or gains. Trader is also aware that trading chartable financial instruments may result in substantial risk of loss and by opening a trading account, Trader may find such an account at risk of loss as well. Trader also understands that it is possible to lose more than what an account is worth.
Trader is aware that the Company is not registered with the Commodity Futures Trading Commission (CFTC) and is not a member of the National Futures Association (NFA) and as such the Trader will not be afforded certain additional regulatory protections.
Any reliance on information provided by the Company is at the sole risk of the Trader, and if Trader participates in transactions based on such information, Trader will do so at his or her own risk. Trader agrees that the Company is in no way responsible for any losses incurred by virtue of Trader's participation in such transactions. Also, the Trader agrees that the Company is not responsible for losses incurred by Trader as the result of adverse market conditions, poor order execution, data feed problems, technical difficulties, market disruptions or suspensions, or any other circumstances which may hinder the Trader's trading, whether it is the fault of TFT, its affiliated businesses or not.
For good and valuable consideration, and in further consideration for the supplying by Company to Trader of the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version, the sufficiency of which is hereby acknowledged, Trader individually and in all other capacities, including Trader’s officers, employees, agents, assigns, representatives, and successors in interest, does hereby irrevocably agree as follows:
- To indemnify and hold harmless Company from any and all liability, claims, suits, proceedings, demands, losses, damages or expense of any nature whatsoever, including, but not limited to administrative orders, proceeding, arbitration's, court proceedings, lawsuits, claims, or any other form of legal or administrative action which Company sustains, or may sustain or incur, including, but not limited to all claims for losses, damages, diminution in value, loss of profits, or loss of capital, from any or all of Trader’s use of, or trades made by the use of the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- Trader assumes full and all risk of any loss, injury, or damages whatsoever occurring while Trader is using or utilizing any of the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- Trader herein represents, warrants, and covenants that Trader shall not bring action, in law, equity, or administratively for any damage, loss, claim, or other remedy sought by Trader arising out of the use of, or any part of the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- In the event it becomes necessary for the Company to enforce this Agreement, or any part thereof, the Company shall be entitled to recover from the Trader its actual attorney’s fees and costs, including, but not limited to court costs, witness fees, travel and investigation cost, and actual attorney fees and cost incurred. This right to indemnity shall be all inclusive, and shall encompass all civil, and or, administrative costs and fees incurred. The Trader also understands that access to all website material and indicator licensing will be immediately and permanently deactivated.
- Trader solely assumes full risk of all loss, injury, or damages incurred or suffered by Trader as a result of using or relying upon the Company or the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- The Trader understands the inherent risks associated with semi-automated trading strategies and hereby acknowledges and accepts those risks of the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- The Trader has accepted, read and understands the concept of Semi-Automated Strategies that the CT II version using the “taught” strategy rules of the AMA II or any other rules applied to either version.
- This Agreement shall be governed by the laws of the State of Pennsylvania, County of Bucks.
DISCLOSURE FOR HYPOTHETICALS
The Trend Following Trades Methodology is not 100% mechanical. Individual results will vary. Even though, live trading sessions or training material on the Company's website may be traded in a live account, all trades are understood as simulated trades. Also, hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades may not have actually have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity, etc.
No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in any trading sessions or training material contained in the Company's website.
In addition, hypothetical or simulated 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 (and incur account draw downs) or adhere to a particular trading program in spite of trading losses are important issues which may also adversely affect actual trading results. Real time, real money emotional factors have also not been taken into account in a simulation environment.
There are numerous other factors related to the markets in general or to the implementation of any specific trading program, method or system, which cannot be completely taken into consideration with hypothetical performance results and will affect trading results and your profits and losses.
In the event any breach or threatened breach or intended breach of this Agreement by the Trader, the Company, in addition to any other rights or remedies available to it at law or in equity, shall be entitled to preliminary or final injunctions, enjoining and restraining such breach or threatened breach or intended breach from any state or federal court in the United States of America. If located outside of the United States, TFT will act in “good faith” following the laws of County of Bucks, State of PA, and Country of the United States. This is not an obligation of TFT, just a “good faith” gesture. Any litigation must be filed and executed in the State of Pennsylvania, County of Bucks.
Written notice to the Company: Trend Following Trades, LLC, 4254 Mia Lane, Doylestown, PA 18902. Phone 215-909-9617 - Email: firstname.lastname@example.org
The validity, construction, and performance of this Agreement shall be governed by and interpreted according to the laws of the United States of America and to the laws of the State of Pennsylvania, County of Bucks.
The failure of either Party to exercise any right or remedy available under this Agreement or at law shall not constitute a waiver of the later exercise thereof.
Neither Party of this Agreement may assign this Agreement or any rights or obligations under it, without prior written consent by both Parties, and any attempt to do so is void. The Company does not grant any other Party any license, patents or copyrights. Also, the rights and obligations of the parties under this Agreement may not be sold, assigned or otherwise transferred.
By subscribing to the TFT CT II Lifetime License for the NT7 License via the PayPal link, Trader and Company acknowledge that payment will be deemed complete for the above stated services, for no more than 2 NT7 Machine ID's under the same NT7 License. If taking advantage of the 2 NT7 machine ID's, then a "snapshot" of your NT7 License with each machine ID, from each computer, must be submitted. This is not necessary if only 1 NT7 machine ID is requested to be activated. Either way Trader agrees to E-mail this information to email@example.com before licenses can be activated.
Trader understands that Indicator security is partially controlled by NinjaTrader, LLC and that we have no control of their reliability and continued operation of their security servers. To date, NinjaTrader, LLC states that they have redundant servers and at no time in the past, with NT7, has there been an instance where both security servers have gone down. To date, Trend Following Trades, LLC has had one instance of licensing permission failing due to server issues, however, this occurred on Labor Day weekend 2015. We use the industries "best" server farms with the highest reliability for our licensing tools and only request one license check per NT7 boot up.
Trader and company understand that they can change NT7 Machine ID's, under the same license number, but can have no more than 2 Machine ID's active at anytime. Written notice for changes to Machine ID's must come via E-mail to firstname.lastname@example.org from Trader with a "screenshot" of the NT7 Control Center --> Help --> About screen from each computer that you wish to be licensed.
Trader understands that reasonable and timely efforts will be made by company to activate NT7 Security for changes in Machine ID's (i.e purchasing new computer, upgrading hardware which may change Machine ID's). Trader understands that Company won't tolerate abuse and misuse for request of change for Machine ID's (any request for more than 2 changes, in a 3 month time period, will be at the sole discretion of the Company).
TrendFollowingTrades.com, 4254 Mia Lane, Doylestown, PA 18902
Phone: (215) 909-9617
By clicking on the "Accept" button, I state that I have read and understand this Entire Agreement and agree to be bound by its terms. We recommend that you print out this Agreement, for your records, before executing the PayPal link that you will be taken to when you click the "Accept" button. We can also email this to you upon request, within 14 days of payment.
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