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Notice and Disclaimer
Notice & Disclaimer
The intent of this notice is to clarify your use of the Trader Genius software/ emails and its limits and natural boundaries. By using the Trader Genius software/ emails you are constructively agreeing with the terms and conditions of this notice. If you have questions about this notice you are encouraged to get advice from a lawyer that you trust.
If there is any law in your jurisdiction that would supersede this notice and its contents, then you may not use the Trader Genius software/emails because the notice is voided in part or in whole. It is your responsibility to know the laws in your location.
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THE WEBSITE, THE TRADER GENIUS (TG) BLOG TG-BRANDED SOCIAL MEDIA WEBSITES (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES), MOBILE APPS OR ANY OF OUR ONLINE SERVICES (collectively, the "Services"). BY ACCESSING OR USING THE SERVICES, YOU ("MEMBER") AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE THE SERVICES.
Disclaimer
This Trader Genius Software is based on theoretical relationships, probability assumptions, and data that are believed to be accurate and reliable but which cannot be guaranteed. The purpose of this Trader Genius Software is to inform, to educate, and to demonstrate the trading opportunities that constantly arise using the principles and techniques of technical trading. Nothing in this Trader Genius Program is to be construed as investment advice or as a recommendation to buy or sell securities or futures. Please remember that the Trader Genius Program does not make predictions or forecasts! This Trader Genius Program is intended to improve your abilities to calculate, evaluate, and reduce trading risks. If after "paper trading" an imaginary account, you decide to invest (and risk) real money, all trading decisions must and should be your own.
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We do not know your personal financial skill level, the risks you can afford to take, nor your ability to consistently follow a set of rules. Trading and Investing naturally include risk for the purpose of gaining an advantage that isn't guaranteed. The Trader Genius software/ emails are designed to present information only. The information presented on this website, software, emails, through Trader Genius Club and Coaching is for educational purposes only and is not intended to be a recommendation for any specific investment. The risk of loss trading securities, futures, and options can be substantial. Individuals must consider all relevant risk factors including their own personal financial situation before trading. Options trading involves risk and is not suitable for all investors. Trader Genius Club encourages all members to learn to trade in a virtual, simulated trading environment first, where no risk may be incurred. Members are solely responsible for any live trades placed in their own personal accounts. Trader Genius Club, it's coaches, members, and affiliates, are in no way responsible for individual loss due to poor trading decisions, poorly executed trades, inaccurate data, delays in data timing, failures in signals (e.g. Genius modes), or any other actions which may lead to loss of funds.
The "Live" version of the Trader Genius software offers the ability to send messages to your brokerage account (Interactive Brokers). The Trader Genius software works on a "best-effort" to communicate with the IB platform but it was never intended to be bulletproof. There are many points where communication with IB can fail or be with errors. For example, the network might be down, or their servers are offline. There could be a glitch in the computer that causes a rare transient error. For all these problems to be resolved, it would take significantly more software and attention as an Institutional customer might have. This software is a retail edition and is presented as such. It must be given your supervision to ensure all the trades are done as you intended when clicking buttons on the screen.
The Trader Genius software sends messages to the IB platform. That's all it does. The only safeguard that the end result is to your liking is by your own attention. In this respect, the Trader Genius software is a convenience and not a substitute for your knowing how to work with IB staff and their software.
TRADER GENIUS PAYMENTS LLC (TGP) OWNS AND OPERATES THE SERVICES. TGP RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. TGP OR ITS SERVICE PROVIDERS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; TGP MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
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Use of Services; Ownership of Intellectual Property Rights
All text, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter "Content") constitute the sole and exclusive property of TGP or its subsidiaries, affiliates, licensors and content providers (e.g. Trader Genius Payments, LLC). The Member is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without TGP's prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Web site); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
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Trader Genius Payments, LLC is the owner of the trademark Trader Genius ®.
Additional Member Conduct Guidelines
TGP requests that the Member not impede or inhibit any other Member from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive files; use or attempt to use another's account, service or system, or link to another site, without authorization from TGP, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings.
TGP reserves the right to remove any content that it in its sole discretion believes is infringing, defamatory, illegal or offensive, or otherwise as may be permitted under the Digital Millennium Copyright Act or other applicable law. Further, any unauthorized or prohibited use may additionally subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
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Revision Date: 12/27/2019