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» Gov't Req'd disclaimer, Earnings Disclaimer, Terms of Use, and Privacy Statement |
U.S. GOVERNMENT REQUIRED DISCLAIMER (Commodity Futures Trading) :
Commodity Futures, Options and Forex 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 futures and options markets (including the Forex market). Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy / Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in this material or on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
We are required to state and you should know:
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. Furthermore, only risk capital should be used for commodity futures trading due to the high risk of loss involved in commodities trading. 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 (and incur account drawdowns) or to adhere to a particular trading program in spite of trading loses are important issues 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, method or system, which cannot be completely taken into consideration with hypothetical performance results and will effect trading results & your P&L."
This is not a prospectus; no offer on our part with respect to the sale or purchase of any securities is intended or implied, and nothing contained herein is to be construed as a recommendation to take a position in any market. The intent of the Forex-Goldmine.biz and GTShadow.com information supplied to INDIVIDUAL is for instructional purposes only. Forex-Goldmine.biz and GTShadow.com information supplied to INDIVIDUAL is designed to discuss the market environment, technical analysis , movement of the price action, configuration of indicators, calculation of the measurement of the trading market and to calculate the levels of risk. The idea is that with repetitious exposure to a disciplined approach of this short term trading methodology, INDIVIDUAL can learn to understand the methodology for independent application. The material presented herein has been obtained or derived from sources believed to be accurate, but we do not guarantee its accuracy. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss. Results can and will vary between individuals. INDIVIDUAL is responsible to use good judgment when trading. All trading system performance claims are based on comparing hypothetical trading results with other trading systems in the financial market. All historical performance trading system results are not achievable in real trading because slippage and the psychological factors of a trader cannot be accurately accounted for. The "System Performance" records are representative of hypothetical trading results of our trading systems. Reasonable slippage , commission , individual’s emotion, levels of discipline and self-control need to apply independently to estimate the actual trading results. All trading involves high risk; past performance is not necessarily indicative of future results.
Commission Rule 4.41(c)(1) applies to "any publication, distribution or broadcast of any report, letter, circular, memorandum, publication, writing, advertisement or other literature." Commission Rule 4.41(b) prohibits any person from presenting the performance of any simulated or hypothetical futures account or futures interest of a CTA, unless the presentation is accompanied by a disclosure statement. The statement describes the limitations of simulated or hypothetical futures trading as a guide to the performance that a CTA is likely to achieve in actual trading.
Commission Rule 4.41(b)(1)(I) 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 have not actually 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 profits or losses similar to those shown.
The information provided in this website does not constitute a solicitation to invest in any Pool, CTA or Managed Account, included herein. Prior to making an investment in a futures pool or directly with a CTA, one should carefully study the prospectus and/or disclosure document required by the CFTC. This website and our publication is designed to provide readers with accurate and objective information in regard to managed futures investments. It is provided with the understanding the publisher or its editor, is not engaged in rendering legal, financial, brokerage, or other professional advice. If legal or other expert assistance is required, the services of a competent professional in the applicable field should be sought.
Earnings Disclaimer
EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT PRODUCTS AND THEIR POTENTIAL. EVEN THOUGH THIS INDUSTRY IS ONE OF THE FEW WHERE ONE CAN WRITE THEIR OWN CHECK IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES, PRODUCTS AND IDEAS IN THESE MATERIALS. EXAMPLES IN THESE MATERIALS ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS. EARNING POTENTIAL IS ENTIRELY DEPENDENT ON THE PERSON USING THE PRODUCT(S), THEIR IDEAS AND TECHNIQUES. WE DO NOT PURPORT THIS AS A “GET RICH SCHEME.”
ANY CLAIMS MADE OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS ARE NOT TYPICAL. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR CHOSEN SETTINGS, YOUR ACCOUNT SETTINGS, YOUR BROKERAGE POLICIES, YOUR FINANCES, YOUR COMPUTER OR OTHER EQUIPMENT, YOUR KNOWLEDGE AND VARIOUS SKILLS. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS, WE CANNOT GUARANTEE YOUR SUCCESS OR INCOME LEVEL, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.
MATERIALS IN OUR PRODUCTS AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,” “EXPECT,” “PROJECT,” “INTEND,” “PLAN,” “BELIEVE,” AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
Legal Information: Terms of use
This site (the “Site”) is owned and operated by Blue and Blue, Inc. Your access and use of the Site is subject to the following terms and conditions (”Terms and Conditions”) on this page, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions. If you do not agree with any of the below Terms and Conditions, do not use the Site and do not purchase or download materials we recommend. Blue and Blue, Inc. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time and by using our Site, you agree to be bound by such modifications, alterations or updates. By reading these Terms of Use, you agree to indemnify Forex-Goldmine.biz and GTShadow.com (A Blue and Blue, Inc. holding) and any of its affiliates from and against any claims, actions, demands, liabilities, costs, or expenses, including attorney's fees, resulting from your breach of these terms of use.
Use of Material on the Forex-Goldmine.biz and GTShadow.com website
The information, artwork, text, video, audio, or photos (hereinafter "Materials"), contained on this site are protected by copyright laws. You may only access and use the Materials for personal use or educational purposes, pursuant to Copyright Act, 17 U.S.C. §107, §110 (2001). You may not modify or use the Materials for any other purpose without the express consent of Forex-Goldmine.biz and GTShadow.com.
You may not hotlink directly to, copy, save, distribute, modify, or display elsewhere our review statements without the express consent of Forex-Goldmine.biz and GTShadow.com. You may contact us for further information regarding obtaining consent for use other than personal or educational use.
Any Material gathered from the Forex-Goldmine.biz and GTShadow.com site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, with the exception of attachments to forum posts. Modification of the materials including, but not limited to, removal of copyright, trademark or other notice of proprietary rights, or use of the materials for any other purpose is a violation of this Terms of Use agreement, as well as a violation of the Copyright Act, 17 U.S.C. (2001).
Sites Linked from the Forex-Goldmine.biz and GTShadow.com Site
The sites linked from the Forex-Goldmine.biz and GTShadow.com web site are not under Forex-Goldmine.biz and GTShadow.com control and Forex-Goldmine.biz and GTShadow.com does not assume any responsibility or liability for any communications or materials from any communications or materials available at such linked sites. Forex-Goldmine.biz and GTShadow.com does not intend links on the Forex-Goldmine.biz and GTShadow.com web site to be referrals or endorsements of the linked entities; unless otherwise expressly stated.
Google Ads Warning
Advertisement Links from Google are displayed throughout the site and do not reflect the opinion, endorsement, or concurrence of this website or affiliated parties. Google ads contain potentially misleading and/or unbalanced claims and information that may fail to disclose risks and other important considerations involved in speculative trading.
Ads warning
Advertisement Links from other sites are displayed throughout the site and do not reflect the opinion, endorsement, or concurrence of this website or affiliated parties. Ads may contain potentially misleading and/or unbalanced claims and information that may fail to disclose risks and other important considerations involved in speculative trading.
Disclaimer of Warranty
This web site and Materials associated therewith are provided on an "as is" basis without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Forex-Goldmine.biz and GTShadow.com disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement of third parties' rights. Forex-Goldmine.biz and GTShadow.com shall have absolutely no liability in connection with the services including, but not limited to, any liability for damage to your computer hardware, data, information, Materials and business resulting from the information or the lack of information available on the Forex-Goldmine.biz and GTShadow.com web site. Forex-Goldmine.biz and GTShadow.com shall have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the information.
2. Any errors, omissions, or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the information; or.
3. Any decision made or action taken or not taken in reliance upon the information furnished hereunder.
Forex-Goldmine.biz and GTShadow.com makes no warranty, representation, or guarantee as to the content, sequence, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Forex-Goldmine.biz and GTShadow.com OR ITS OWNERS, PARTNERS, SITE DEVELOPERS, ETC BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF OR RELIANCE ON THESE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT , TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Forex-Goldmine.biz and GTShadow.com OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Forex-Goldmine.biz and GTShadow.com SERVICES, FROM INABILITY TO USE THE Forex-Goldmine.biz and GTShadow.com SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Forex-Goldmine.biz and GTShadow.com SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Forex-Goldmine.biz and GTShadow.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Forex-Goldmine.biz and GTShadow.com . SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Forex-Goldmine.biz and GTShadow.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Forex-Goldmine.biz and GTShadow.com SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
Forex-Goldmine.biz and GTShadow.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that our web site or the server that makes it available is free of viruses or other harmful components. Forex-Goldmine.biz and GTShadow.com does not warrant or make any representations regarding the use or the results of the use of the materials in our web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Forex-Goldmine.biz and GTShadow.com) assume the entire cost of all necessary servicing repair or correction.
Without limiting the foregoing, under no circumstances shall Forex-Goldmine.biz and GTShadow.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
In no event shall Forex-Goldmine.biz and GTShadow.com be responsible or liable to any person or entity whatsoever (including, but not limited to, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage, injury, claim, liability or other cause whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting directly or indirectly, from lost data or business interruption) resulting from the use or inability to use this web site and/or the material associated with this web site, or resulting from any information or opinions provided on this web site and/or the material associated with this web site, whether based on warranty, contract , tort, or any other legal theory, and whether or not Forex-Goldmine.biz and GTShadow.com is advised of the possibility of such damages.
Information and any software available for download on this site, advertised from this site, discussed on this site, or linked to from this site is provided “As is”, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Our company’s entire liability, and any customer’s exclusive remedy, shall be a refund of the price paid before the product is delivered. In the case of software-based products, once the product has been delivered to the customer no refund is available.
Though we strive for accuracy, information on the Site may contain inadvertent technical inaccuracies or typographical errors. Information may be changed or updated without notice. Blue and Blue, Inc. may also make improvements and/or changes in the products and/or the programs/offers described in this information at any time without notice.
Blue and Blue, Inc. makes no representations whatsoever about any hyperlinked third-party sites which you may access through our Site or product. These 3rd party sites are not created or maintained by Blue and Blue, Inc. They are independent from Blue and Blue, Inc., and Blue and Blue, Inc. has no control over the content on those sites. Moreover, Blue and Blue, Inc. does not endorse or accept any responsibility for the content, or the use, of such sites. While we have no information about the presence of such dangers on 3rd party sites, you should take the necessary precautions to protect yourself and your systems from viruses, worms, Trojan horses, and other items of a destructive nature.
In no event will Blue and Blue, Inc. be liable to you or any other third party for any direct, indirect, special or other consequential damages for any use of this Site or our product(s), including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are expressly advised of the possibility of such damages.
Submissions
Any communication or material submitted to Forex-Goldmine.biz and GTShadow.com will be considered non-confidential. Such materials or submissions may consist of, but is not limited to, articles, emails, forum posts, photographs, Exert Advisors, robots, Indicator files, audio and/or video files. By submitting or communicating with Forex-Goldmine.biz and GTShadow.com, you automatically grant Forex-Goldmine.biz and GTShadow.com a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or material alone or as a part of other works in any form of media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
Forex-Goldmine.biz and GTShadow.com is not responsible for any messages posted in our discussion forums. Forex-Goldmine.biz and GTShadow.com does not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of this site or forum or Forex-Goldmine.biz and GTShadow.com.
You agree, through your use of this service, that you will not use this forum to post any material which is knowingly illegal or otherwise violative of any law. You agree not to post any copyrighted material unless the copyright is owned by you or by this forum, or the proper copyright notice is displayed with the material. You agree that you will not solicit other companies, websites, services, brokerages, individuals, or other organizations on behalf of Forex-Goldmine.biz and GTShadow.com without our explicit written permission and/or without a Forex-Goldmine.biz and GTShadow.com email address.
You agree that Forex-Goldmine.biz and GTShadow.com, its staff, and any volunteer moderators of the Forex-Goldmine.biz and GTShadow.com forums cannot be held liable for any information posted on the Forex-Goldmine.biz and GTShadow.com forums; for any offensive, derogatory, insulting, misleading, fraudulent, libel-containing, or defamatory postings; consequences of following advice posted to any forum or topic; damage to your reputation, finances, or other aspects of your life and work from spoofing (other people posting in your name, nickname, or handle); or for deletion or modification of your messages, member title, or other information. This, of course, not not give the staff members the right to post offensive, derogatory, insulting, misleading, fraudulent, libel-containing, or defamatory comments themselves. Should you encounter a problem with a Forex-Goldmine.biz and GTShadow.com staff member, you should report the problem to the Administrator for review.
You agree to hold Forex-Goldmine.biz and GTShadow.com and its staff and volunteers blameless for any unauthorized e-mail or use of your personal and e-mail information resulting from any breach of security which allows unauthorized people to access your e-mail account.
Any posted material may be used indefinitely and without restriction, compensation, or liability by Forex-Goldmine.biz and GTShadow.com. in their static (nonchanging) or dynamic (changing) pages without additional permission or compensation. In addition, you agree that the Forex-Goldmine.biz and GTShadow.com staff and volunteers may remove or modify posting and/or viewing privileges at any time at their sole discretion, and may remove or edit posted messages at any time at their sole discretion.
Individuals are responsible for the content contained in their posts, avatars, and signatures. We do not condone the use of avatars, member titles, and signatures to display material which are offensive to another member or the forum itself, is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, libelous, or otherwise violative of any law.
PRIVACY
Your privacy and peace of mind is one of our highest priorities. We appreciate your trust, and pledge to provide our services to you of the highest integrity. We will never use your personal information in ways different from what is disclosed in this statement.
INFORMATION COLLECTED
We want you to have the opportunity to review the various services we offer on and off our web site. We collect information from you at various points on our website and in our sales process.
LOG FILES
We use IP addresses to observe trends, administer the site, analyze user preferences, and gather broad demographic information for aggregate use. We use this information to better target our users with products and topics that they are interested in, which provides better usability and targeted marketing of our site to customers.
COOKIES
A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. You can reject cookies at anytime and still use our full site. In choosing this option, you may not be able to participate in our purchases, updates, or forums.
GOOGLE ADS
* Google, as a third party vendor, uses cookies to serve ads on your site.
* Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
* Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
* We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
PROTECTING YOUR INFORMATION
We pledge to safeguard all the information that you provide us, including information that you provide us electronically as well as information that you provide us through conventional means, such as through the mail, facsimile transmission, and telephone conversations. Only authorized personnel of Forex-Goldmine.biz and GTShadow.com have access to the databases that hold your personal information. Forex-Goldmine.biz and GTShadow.com may collect your credit card information for use to purchase merchandise that you requested. For your protection, we do not keep unencrypted credit card numbers in our databases.
OPTING OUT OF COMMUNICATIONS
As a subscriber to the forums, your email address is required to set up an account. While we generally will not send you any emails, the system may send emails based on your preferences from you User Control Panel. You can change these preferences at your discretion. You may unsubscribe to any of our online publications by changing the settings therein. Every automated email generated contains an unsubscribe link at the bottom which allows you to opt out of any unwanted emails. You can also opt out of ALL emails by deleting said notifications from your User Control Panel. Email communications will generally only be sent to you when you request them, make a purchase or inquiry, to let you know about a promotion on the site, or when you subscribe to a discussion topic. We never sell or release email addresses to anyone.
LEGAL REQUIREMENTS
Under some special circumstances, we may provide your personal information to law enforcement agencies when we are legally required to do so.
The effective and posting date of the above-stated Privacy Policy is July 30, 2009. Blue and Blue, Inc, and Forex-Goldmine.biz and GTShadow.com reserves the right to modify or amend these policies at any time and for any reason. Any changes to our Privacy Policy will be posted on this page so that you are always aware of our policies.
SITE ACCESS
By accessing this web site, you agree to be bound by the terms and conditions of use appearing below, such use being non-commercial in nature and conditioned on your acceptance. The materials on this web site are Copyright © 2009 Forex-Goldmine.biz and GTShadow.com. All rights reserved. You are hereby authorized to view, copy, print, and distribute these materials subject to the following conditions:
1. The materials may be used for internal informational purposes only;
2. Any copy of these materials or any portion thereof must include the above copyright notice; and
3. Forex-Goldmine.biz and GTShadow.com may revoke or modify any of the foregoing rights at any time.
4. Use of the site is for personal use and entertainment only, and not for journalistic usage.
You also expressly agree that you will not use any robot, spider, or other automatic or manual device or process to interfere or attempt to interfere with the proper working of our web site, nor act as a conduit for others to effect the same result.
Forex-Goldmine.biz and GTShadow.com DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED ON THIS WEB SITE OR OTHER SITES "HOT LINKED" TO THIS SITE, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL Forex-Goldmine.biz and GTShadow.com BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, BUSINESS INTERRUPTION, SALES, OR PROFITS, WHETHER IN A CONTRACT , NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF ACCESS TO, USE OF, OR IN CONNECTION WITH THE USE, INABILITY TO USE, ACCURACY, SUITABILITY, OR PERFORMANCE OF THIS INFORMATION, EVEN IF Forex-Goldmine.biz and GTShadow.com IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
ANY CLAIM RELATED TO THE INFORMATION ON THIS WEB SITE WILL BE GOVERNED BY THE LAWS OF VIRGINIA WITHOUT REGARD TO CONFLICTS OF LAW RULES. IN THE EVENT OF ANY DISPUTE REGARDING THIS WEB SITE, THE PARTIES IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN THE COURTS IN FAIRFAX COUNTY IN THE STATE OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A STATE CLAIM INVOLVING THIS AGREEMENT OR WEB SITE AND TO THE FEDERAL DISTRICT COURTS, DISTRICT OF VIRGINIA, IN CONNECTION WITH ANY DISPUTE ARISING UNDER A FEDERAL CLAIM INVOLVING THIS AGREEMENT OR WEB SITE.
Other
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
If you require more details please contact us.
Notice of Disclaimer:
Forex-Goldmine.biz and GTShadow.com provides no warranty expressed or implied regarding any of the company's, products or services at Forex-Goldmine.biz and GTShadow.com. Every effort has been taken to ensure the accuracy and reliability of our partners, products and services, however you are using these services at your own discretion. You recognize that we are dependent upon the accuracy of our data provider for our generated reports. Although we believe our data to be accurate, we know that it is possible for small errors to become a part of our historical data, and you acknowledge that you understand this possibility and accept it as an unavoidable part of this kind of venture. We will not now or in the future reimburse you for any reason for any money or time lost when using the Forex-Goldmine.biz and GTShadow.com site.
End User License Agreement for Forex Goldmine EAProducts
Blue and Blue, Inc.
RoboMiner, RoboMiner Pro, Prospector and GT-Shadow robots
Copyright (C) 2008-2009 Forex Goldmine
Important – Read carefully. This License Agreement (hereinafter the “Agreement”) is a binding legal agreement between you as an individual or single entity (hereinafter the “Licensee”) and the Forex Goldmine (hereinafter the “Licensor”) for the use of the Forex Goldmine product together with all prior and/or subsequent versions, and all updates thereto (hereinafter the “PRODUCT”).
By modifying, copying or otherwise using the PRODUCT, the Licensee agrees to be bound by the terms of this Agreement. If the Licensee does not agree to any part of the terms of this Agreement, THE LICENSEE CAN NOT INSTALL, USE, DISTRIBUTE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE PRODUCT, OR USE THIS PRODUCT FOR ANY OTHER PURPOSES.
LICENSE GRANT.
The PRODUCT is licensed, not sold. Upon acceptance of this Agreement the Licensor grants the Licensee a personal, nonexclusive, non-transferable, royalty-free license to use the PRODUCT on the trading account registered on the Licensee’ name.
INSTALLATION AND USE.
The Licensee can use the PRODUCT for any MT4 trading account registered on HIS NAME within the rights according to the license’ type purchased. The PRODUCT components used in autotrading are licensed separately for each trading account registered on the Licensee’ name. The Licensee agrees to ask the Licensor via Support Center for new ex4 or dll file (which may be needed for PRODUCT work) every time he needs to use the PRODUCT with new trading account registered on his name. The number of accounts the Licensee can use with the PRODUCT is determined by the type of license he purchased (Demo license allows using the PRODUCT on up to 5 demo accounts, the Lifetime license allows using the PRODUCT on 1 live account only).
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
1. Limitations on Reverse Engineering, Decompilation, and Disassembly. The Licensee may NOT reverse engineer, decompile, create derivative works, modify, translate, or disassemble the PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Licensee agrees to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the PRODUCT or any of its constituent parts and files to the fullest extent of all applicable local, federal and international laws and treaties regarding anti-circumvention, including but not limited to the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
2. Separation of Components, their Constituent Parts and Files. The PRODUCT is licensed as an indivisible unit. The PRODUCT and its constituent parts and any provided files may NOT be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale by the Licensee. The provision of source code, if included with the PRODUCT, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All PRODUCT libraries, source code, files and documentation remain the Licensor’s exclusive property.
3. Transfer. The Licensee may NOT rent, lease, or lend the PRODUCT. The Licensee may NOT permanently or temporarily transfer ANY of his/her rights under this EULA to any individual or entity. Only the Licensee has the right to use the libraries, redistributables, or other files of the PRODUCT (or any portions thereof) for autotrading with the PRODUCT. In particular, the Licensee may NOT share copies of the PRODUCT with other users. The Licensee may NOT reproduce or distribute any PRODUCT documentation owned by the Licensor without the Licensor explicit permission. The Licensee may NOT distribute the PRODUCT, in any format, to other users for any purpose. The Licensee may NOT use the PRODUCT to create any tool or product that directly or indirectly competes with the PRODUCT.
4. Updates. Downloading the Demo license for the PRODUCT authorizes the Licensee to upgrade for the Lifetime one at any time after using the Demo license. Purchasing the Lifetime license for the PRODUCT authorizes the Licensee to get free updates, upgrades and new versions of the PRODUCT within the version line (e.g. 3.x.). After the official release of new version line for the PRODUCT (e.g. 4.x.) the Licensee is entitled to use the license with the PRODUCT versions released before without any time limitations, however the Licensee is not entitled to get free upgrades, updates and new versions of the PRODUCT released within the next version line. The Licensee has the right to renew the license for the PRODUCT for new version line using the current pricing rules of Licensor and to prolong the right to get free updates, upgrades and new PRODUCT’ versions released within the next version line. If the Licensee is using the PRODUCT’ version not registered the Licensor will not provide the Licensee with updates, upgrades and fixes related to the PRODUCT.
DISCLAIMER.
The Licensor expressly disclaims any warranty for the PRODUCT. The PRODUCT is proved "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the PRODUCT remains with the Licensee.
LIMITATION ON AND EXCLUSION OF DAMAGES.
The Licensee can recover from the Licensor only direct damages up to the amount the licensee paid for the PRODUCT. The Licensee cannot recover any other damages, including consequential, lost profits, exchange trade loses, special, indirect, incidental or any other damages. This limitation applies to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate the Licensee for any losses; or the Licensor knew or should have known about the possibility of the damages.
TECHNICAL SUPPORT SERVICES.
The Licensor will provide the Licensee with technical support services related to the PRODUCT ("Support Services”) within the version line (e.g. 3.x.) and license type. Use of Support Services is governed by the terms and conditions of this EULA, Licensor’s policies and terms described in the user manual, in "on line" documentation and/or other Licensor provided materials.
Any supplemental PRODUCT provided to the Licensee as part of the Support Services shall be considered part of the PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information the Licensee provides to the Licensor as part of the Support Services, the Licensor may use such information for its business purposes, including for PRODUCT support and development. The Licensor will not utilize such technical information in a form that personally identifies the Licensee without his written permission.
COPYRIGHT.
All title and copyrights in and to the PRODUCT (including but not limited to any images, algorithms, settings, demos, source code, intermediate files, packages, photographs, animations, video, audio, text and "applets" incorporated into the PRODUCT, the accompanying printed materials, and any copies of the PRODUCT and its parts) are owned by the Licensor. The PRODUCT is protected by copyright laws and international treaty provisions. The EULA doesn’t provide the Licensee with any rights regarding the PRODUCT or any of its constituent parts and any proprietary notices, labels, or other identifying marks owned by the Licensor. Licensee may NOT remove any proprietary notices, labels, or other identifying marks on the PRODUCT.
The Licensor retains all ownership in and to all copies of the PRODUCT itself.
TERM AND TERMINATION.
The Agreement becomes effective when the Licensee agrees to the terms and conditions of this Agreement by downloading, using, accessing or manipulating the PRODUCT (the "Effective Date"), and this Agreement will terminate immediately upon notice to the Licensee of the fact the Licensor knows the Licensee materially breaches any term or condition of this Agreement. Starting from this notification the Licensee cannot use the PRODUCT and ask Licensor for further support and assistance.
The Licensor reserves all rights not specifically granted in this EULA.
The Licensor reserves the right to make changes in this EULA at any moment by publishing the appropriate alterations on www.gtshadow.com
Conditions of Sale and Purchase Agreement
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL Forex-Goldmine.biz and GTShadow.com OR ITS OWNERS, PARTNERS, SITE DEVELOPERS, ETC BE LIABLE TO ANY MEMBER ON ACCOUNT OF THAT MEMBER'S USE OR MISUSE OF OR RELIANCE ON THESE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT , TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Forex-Goldmine.biz and GTShadow.com OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE Forex-Goldmine.biz and GTShadow.com SERVICES, FROM INABILITY TO USE THE Forex-Goldmine.biz and GTShadow.com SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Forex-Goldmine.biz and GTShadow.com SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Forex-Goldmine.biz and GTShadow.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Forex-Goldmine.biz and GTShadow.com . SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Forex-Goldmine.biz and GTShadow.com SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE Forex-Goldmine.biz and GTShadow.com SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
Forex-Goldmine.biz and GTShadow.com does not warrant that the functions contained in the materials will be uninterrupted or error-free, or that our web site or the server that makes it available is free of viruses or other harmful components. Forex-Goldmine.biz and GTShadow.com does not warrant or make any representations regarding the use or the results of the use of the materials in our web site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Forex-Goldmine.biz and GTShadow.com) assume the entire cost of all necessary servicing repair or correction.
Without limiting the foregoing, under no circumstances shall Forex-Goldmine.biz and GTShadow.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notice of Disclaimer:
Forex-Goldmine.biz and GTShadow.com provides no warranty expressed or implied regarding any of the company's, products or services at Forex-Goldmine.biz and GTShadow.com. Every effort has been taken to ensure the accuracy and reliability of our partners, products and services, however you are using these services at your own discretion. You recognize that we are dependent upon the accuracy of our data provider for our generated reports. Although we believe our data to be accurate, we know that it is possible for small errors to become a part of our historical data, and you acknowledge that you understand this possibility and accept it as an unavoidable part of this kind of venture. We will not now or in the future reimburse you for any reason for any money or time lost when using the Forex-Goldmine.biz and GTShadow.com site.
License Rights:
You must abide by the licenses provided with each product purchased or downloaded where applicable from the Forex-Goldmine.biz and GTShadow.com site or received via email. In some cases, to clarify the resell and master resell rights terms and conditions each file includes a separate license file that explains what can and can't be done with each product. These terms are in place to protect the value of your investment and we would ask you to respect them and the rights of your fellow members. While it is not our intention to dictate how you should run your business we shall seek to maintain the long term profitability for everyone selling these products by enforcing these terms. If you're unsure or need further clarification on any product or condition please contact us. Failure to comply with these licenses by Forex-Goldmine.biz and GTShadow.com, its owner or partners could result in your Forex-Goldmine.biz and GTShadow.com membership being terminated.
No Income Guarantee:
Forex-Goldmine.biz and GTShadow.com makes no claim regarding income guarantees or results from using its services or any partner services.
Cancellations:
In most cases, only you can cancel ongoing subscriptions via the PayPal payment website. For this reason, we recommend you keep a copy of your original purchase receipt which will help you find the associated transaction and cancel the subscription. This is your responsibility as we do not have access to your payment account.
Account Cancellation or Suspension:
Forex-Goldmine may cancel or suspend your access to our services, support, sales, or products at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data, services, support, or future sales on our site after we suspend or terminate your access. If we cancel your account in its entirety without cause, we may refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
Refunds:
Once you are provided with a live version of the software, there is no refund. Because of the digital nature of our primary product, you agree to this no-refund policy that takes effect once you are provided the live account version of the software. You are agreeing that you are purchasing a membership to Forex-Goldmine.biz and GTShadow.com by your own accord without any coercion or intimidation by anyone associated with or not with Forex-Goldmine.biz and GTShadow.com.
Chargebacks
You agree not to attempt to charge back or dispute any charges made by Forex-Goldmine.biz and GTShadow.com or Blue and Blue, Inc., to your PayPal account or Google Checkout, or any other payment processing listed at Forex-Goldmine.biz and GTShadow.com today or in the future. In the event of a billing error or duplicate billing Forex-Goldmine.biz and GTShadow.com will investigate the matter and issue a full refund if deemed necessary.
Use of robots on multiple accounts:
All robot purchases are permanently tied to only one account number. If you would like to trade on additional or different accounts, you will have to purchase an additional license at an additional cost.
Account changes:
In order to change your account number, you will be required to close your account with your brokerage and provide documentation of such closure before a new license can be issued.
In the event you decide you want to change the account number for which your robot will function on there may be adverse conditions to your trading account, such as closing out positions at a loss. There may also be the additional cost of purchasing additional licenses.
For these reasons, it is recommended that you trade your robot on an account by itself with no other robots or manual trades being placed.
ACKNOWLEDGEMENT.
THE LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTANDS THIS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. THE LICENSEE FURTHER AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE LICENSEE AND THE LICENSOR, AND SUPERCEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATER OF THIS AGREEMENT.
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