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Terms and Conditions

Last updated: January 18, 2022

Please read these Terms and Conditions (the "Terms") carefully before using the intelligenttraderinc.com website (the "Service") owned and operated by Intelligent Trading Inc. ("Company"). Our Terms also apply to Intelligent Trader Inc. trading products (the "Products") offered for subscription based usage on this Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase ("Purchase") any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to Company Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

You agree you are not entitled to any compensation from Company, its distributors or partners for any damages that might occur as a result of you using any of Company services and or products.

By purchasing and using Company services or products you agree to be bound by the above Terms. If you disagree with any part of these Terms please do not complete the purchase.

Products

Customer agrees to pay a monthly price for Intelligent Trader products and services as a subscription. This subscription gives you limited rights on how you can use the software. Our products are solely for use by the subscriber. Customer can only install the subscription software on one computer at a time. Live screen sharing ("Sharing") of our products by the subscriber is strictly forbidden. If the customer is found to be in violation of the Sharing policy, Company reserves the right to cancel the subscription effective immediately. Company also reserves the right to pursue legal action against the customer.

Refunds

Customer agrees to pay a monthly price for products and services as a subscription. We have a No Refund Policy on Company products and services. If the customer decides to terminate their subscription they must do so before the next billing cycle begins. Subscription expiration details can be located in your account you created to purchase the products. It is the subscribers responsibility to manage your active subscriptions.

Availability, Accuracy and Errors

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in Company advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with Company Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in Company sole discretion.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Company trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Company. Other company names and product names appearing on this website are the trademarks and registered trademarks of their respective companies.

Links to other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Company.

Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Company, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

For the complete Disclaimer in its entirety click here. It is understood your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Company, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use Company Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please visit our Contact Us page. A customer service representative will reply to your questions between 9:00AM and 5:00PM EST, Monday through Friday, except holidays.

Disclaimer

If you do not agree with any term or provision of this Disclaimer and our Terms and Conditions, you should not use our Site, Services, Content, Software or Information. Please be advised that your continued use of the Site, Services, Content, Software or Information provided shall indicate your consent and agreement to this Disclaimer and our Terms and Conditions.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR USE OF THE PRODUCT(S) AND THE CONTENT AVAILABLE THROUGH THE PURCHASE AND/OR SUBSCRIPTION ON THESE SITE(S) IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES INTERCHANGEABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, INTELLIGENT TRADER INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER INCLUDED ON OR THE USE OF THE SITE(S), AND USE OF THE SITE(S) IS SUBJECT TO THE DISCLAIMERS, TERMS AND CONDITIONS OF USE FOUND AT THE SITE(S).

Intelligent Trader Inc. is not registered as a securities broker-dealer or investment adviser with any jurisdiction and is not providing any personalized investment, financial or tax advice. Intelligent Trader Inc. cannot assess or guarantee the suitability of any particular investment to any personal situation. Accordingly, you bear complete responsibility for your own investment, financial and tax research and decisions and should seek the advice of a qualified professional prior to making any decisions based on your use of the product(s) and the content available through the purchase and/or subscription on these sites(s). The product(s) and the content are provided solely for informational purposes, and do not constitute an offer or solicitation to buy or sell any securities. All opinions expressed and information and data provided therein are subject to change without notice. We do not undertake any duty or obligation to update the product(s) or the content of the purchase and/or subscription to reflect current market conditions or other changes.

INTELLIGENT TRADER INC., ITS PARENT, INFORMATION PROVIDERS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUBCONTRACTORS AND LICENSORS (THE“INTELLIGENT TRADER INC. PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE PRODUCT(S) AND THE CONTENT AVAILABLE THROUGH THE PURCHASE AND/OR SUBSCRIPTION ON THESE SITE(S) FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT WITHOUT LIMITATION TO, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE INTELLIGENT TRADER INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE INTELLIGENT TRADER INC. PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL INTELLIGENT TRADER INC. OR ANY OF THE INTELLIGENT TRADER INC. PARTIES BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY INVESTMENT, FINANCIAL OR TAX DECISIONS YOU MAKE AS A RESULT OF ACCESSING OR USING THE PRODUCT(S) AND THE CONTENT AVAILABLE THROUGH THE PURCHASE AND/OR SUBSCRIPTION ON THESE SITE(S).

By using these Site(s) and accessing or using the product(s) and content available through purchase and/or subscription on these Site(s), you accept the foregoing disclaimers and limitations on liability and you assume all risks associated with such use (including but without limitation to, risk of investment losses, risk to your computer, software or data being damaged by any infections or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties transmitted or activated via the purchase and/or subscription or material that may be included within or accessed from the purchase and/or subscription).

Partners: We are not responsible for the actions of our partners or others who may choose to advertise this Site(s) and/or its products/services. All our affiliates must remember that they have agreed to these same Disclaimer and Terms and Conditions which outlines the rules and regulations they have agreed to follow.

Partners may not under any circumstances send out unsolicited mailings (spam) of any sort.

CFTC – U.S. Government Required Disclaimer: Forex, futures and options trading have 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 forex, futures and options markets. Don’t trade with money you can’t afford to lose. Our website, product contents, and materials are neither a solicitation nor an offer to Buy/Sell currencies, 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 our website or in any of our materials. The past performance of any trading system or methodology is not necessarily indicative of future results. Substantial risk is involved. Forex trading has large potential rewards, but also large potential risk. You must beware of the risks and be willing to accept them in order to invest in the Forex markets.

CFTC RULE 4.41 – 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 THAN ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

NFA and CTFC Required Disclaimers: Trading in the Foreign Exchange market is a challenging opportunity where above average returns are available for educated and experienced investors who are willing to take above average risk. However, before deciding to participate in Foreign Exchange (FX) trading, you should carefully consider your investment objectives, level of experience and risk appetite. Do not invest money you cannot afford to lose.

INVESTORS ACKNOWLEDGE AND AGREE THAT ANY INVESTMENT IN FINANCIAL INSTRUMENTS IS OF A RANDOM NATURE AND, THEREFORE, ANY SUCH INVESTMENT CONSTITUTES A RISKY INVESTMENT THAT IS THE SOLE RESPONSIBILITY OF THE INVESTOR. DUE TO THE HIGH-RISK NATURE OF TRADING, INTELLIGENT TRADER INC. EXPLICITLY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES THAT USERS WILL MAKE ANY PROFIT OR THAT USERS WILL NOT LOSE ANY OR ALL DEPOSITED INVESTMENT FUNDS.

Forex products are intended for investors with specific knowledge, aware that the risk of loss can be up to the total amount invested or even exceed the initial investment. Before making any investment decision, investors should contact their financial adviser to verify the suitability of the investment.

All information found on the intelligenttraderinc.com website and email newsletters (past, present, and future) exists for nothing other than general informational purposes. Any financial numbers referenced on this site or on any of our other sites or emails, are simply estimates or projections or past results, and should not be considered exact, actual or as a promise of potential earnings – all numbers are for illustrative and educational purposes only.

It is specified that the past performance of a financial product does not prejudge in any way its future performance. It follows from the foregoing that Intelligent Trader Inc.’s liability cannot be held directly or indirectly, particularly in the event of a financial loss, regardless of its amount.

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