Before the purchase procedure is completed with SP500Trader.com or Academy associates, the accounting department will personally consult with you and review this contract, including the “Agreement Checklist” in the Agreement Terms section of this agreement..
The trading academy offer learning materials such as the KickStart Course, Boot Camp Course, Master’s Course and other products as a continuation package. It is important the members commit to completing the training over a period of time even though the members may build a track record and start trading in as little as 3 weeks. The market takes about a year to cycle through its normal patterns.
Because the products of the S&P Trading Academy are software education and data oriented there is a NO RETURN and NO REFUND POLICY.
SOFTWARE & DATA STREAM USER TERMS AND CONDITIONS
THIS AGREEMENT IS BETWEEN THE “USER” and SP500TRADER.COM, DTG, INC (VENDOR), AN ARIZONA CORPORATION. VENDOR IS WILLING TO LICENSE THE SOFTWARE / CHARTING CONFIGURATION (SOFTWARE) IDENTIFIED BELOW TO THE USER UPON PAYMENT OF SOFTWARE LICENSE INVOICED.
IF YOU ACCEPT THE TERMS IN THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY REGISTERING AS A USER OF THE ACADEMY SITE AND PAYMENT, YOU ACCEPT THE TERMS OF THE AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS.
1. Definitions. Software means the software or charting setup configurations that you obtain from Vendor in binary form and all other machine readable materials that are included with such software or are provided for use with it, including (a) any updates or error corrections provided by Vendor and (b) any user manuals and other documentation provided by Vendor. Agreement refers to this End-User License Agreement.
2. Because the Vendors provide products and services that are software, data, and intelligence based, there are no refunds at any time. Please utilize good judgment before purchasing any of our products or services.
3. Use. Under this Agreement, Vendor grants you a non-exclusive license to do the following:
- Access through video conferencing daily broadcasts of the Delta Charting price charts.
- Access through the Vendor website, data tick chats.
- Upon fully paid membership: Have access to all updated Chart configurations for third party the life of the company, even if you do not remain a monthly member of the monthly data access.
- If applicable, install and use one copy of the Software on a single computer. If Vendor has provided you with a Vendor-issued license certificate (“License Certificate”) that authorizes a different number of copies, then you may make the number of copies of the Software licensed to you by Vendor as provided in your License Certificate;
- Make a reasonable number of copies of the Software for backup and archival purposes only;
- Use the Software on a network, provided that you have a licensed copy of the Software for each computer or user that can access the Software over that network;
- After written notice to Vendor, transfer the Software on a permanent basis to another person or entity, provided that you retain no copies of the Software and the transferee agrees to the terms of this license; and
- Use the Software in accordance with any additional permitted uses set forth below.
- Development License Grant. Subject to the terms and conditions of this Agreement, Vendor grants you a non-exclusive, non-transferable, royalty-free license to use the Software internally for the purpose of designing, developing, and testing your own original software programs. This Agreement does not license you to distribute the Software except as expressly stated herein.
4. Restrictions. You may not:
- Copy the documentation that accompanies the Software;
- Use the Software as part of an investment or brokerage business of any type, including money management.
- Sub-license, rent, or lease any portion of the Software; reverse engineer, decompile, disassemble, modify, translate or make any attempt to create derivative works from the Software except as expressly permitted by law.
- Use the Software in any manner not authorized by this Agreement.
5. Third Party Software. Additional copyright notices and license terms applicable to portions of the Software from third parties may apply. Any such terms can be found on Vendor’s web site. By accepting this Agreement, you also accept the third party terms.
6. License Only. The Software is the intellectual property of Vendor or its licensors and is protected by copyright law. You are granted non-exclusive license rights only, which take effect after your acceptance of this license. No right, title or interest is granted except as expressly stated in this Agreement.
7. Limited Warranty. There is no warranty of the software, its application, or use.
8. Disclaimer of Warranty. EXCEPT AS EXPRESSLY SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
9. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL VENDOR OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF VENDOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Vendor’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some regions do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
10. Termination. Upon termination of Access fees, the user no longer has access to Vendor intellectual property.
11. Export Regulations. This software may not be exported.
12. Governing Law. Any action related to this Agreement will be governed by the law of Arizona and the United States of America. No choice of law rules of any jurisdiction will apply. Exclusive jurisdiction and venue for any claim regarding this Agreement or its subject matter will lie in the county of Pima, Tucson, Arizona, USA.
13. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
14. Brokerage Rules. Software may not be used to trade any accounts other than user’s accounts, unless express written permission is in place between user and vendor.
15. Important Futures Trading Disclaimer. Trading futures and options involves the risk of loss. Please consider carefully whether futures or options are appropriate to your financial situation. Only risk capital should be used when trading futures or options. You must review customer account agreement prior to establishing an account. Investors could lose more than their initial investment. Past results are not necessarily indicative of future results. The risk of loss in trading can be substantial, carefully consider the inherent risks of such an investment in light of your financial condition.