Revised
10.14.2011
Welcome to our website.
Indicator Warehouse is the property of Profitable Decisions, Inc.
The information contained in this website and its associated
websites is provided as a service to our customers, and does not
constitute legal or financial advice. We try to provide quality
information, but we make no claims, promises or guarantees about the
accuracy, completeness, or adequacy of the information contained in
or linked to this web site and its associated sites. The following
must be read in its entirety before purchasing and/or using any
information, products and services contained on
IndicatorWarehouse.com. If you continue to browse, use or purchase
from this website you are agreeing to comply with and be bound by
the following terms and conditions of use. If you do not agree with
the Terms of Use, do not use the website.
The term “company” or
“us” or “we” refers to IndicatorWarehouse.com and owners or
employees or affiliates of IndicatorWarehouse.com. The term “you”
refers to the user or customer of IndicatorWarehouse.com. The term
"information" refers to indicators, strategies, manuals, data,
communications and any other associated products and material of
IndicatorWarehouse.com.
We make every effort to
ensure that we accurately represent our products and services. As
with any business, your results may vary. There are no guarantees
concerning the results you may achieve or the level of success you
may experience.
NOTICE: ACCEPTANCE OF TERMS OF USE; MODIFICATIONS
The contents of this website, including these Terms & Conditions of
Use, any information contained on this website and the company’s
privacy policy are subject to change and to being updated without
notice from time to time. You are responsible for reviewing these
Terms on this website. Accessing this website after any changes to
these Terms have been posted thereon will constitute your acceptance
of all such changes. Unless specifically stated otherwise, any new
features, products or services added to the website shall be subject
to these Terms. Some new products or features may require your
acceptance of new or additional terms before use.
OWNERSHIP; COPYRIGHTS; THIRD PARTY CONTENT
This website contains material which is owned by or licensed to us.
This material includes, but is not limited to, the design, layout,
look, appearance and graphics. Reproduction is prohibited other than
in accordance with the copyright notice, which forms part of these
terms and conditions. The information contained on this website may
not be copied, transmitted, amended or reproduced in any form
whatsoever without the prior written consent of the copyright owner.
From time to time this website may also include links to other
websites. These links are provided for your convenience to provide
further information. They do not signify that we endorse the
website(s). We have no responsibility for the content of the linked
website(s). Pricing information from third parties is subject to
change, and while we strive to update data in a timely manner we
cannot guarantee that third party information has not changed.
DISCLAIMERS AND LIMITATION OF LIABILITY
Your use of any information or materials on this website is entirely
at your own risk, for which we shall not be liable. It is your own
responsibility to ensure that any products, services or information
available through this website meet your specific requirements.
Neither we nor any third parties provide any warranty or guarantee
as to the accuracy, timeliness, performance, completeness or
suitability of the information and materials found or offered on
this website for any particular purpose. You acknowledge that such
information and materials may contain inaccuracies or errors and we
expressly exclude liability for any such inaccuracies or errors to
the fullest extent permitted by law.
All information found on IndicatorWarehouse.com website, Blogs,
email newsletters, and social networks (past, present, and future)
exists for entertainment purposes and general informational
purposes. We are not registered trading advisors.
IndicatorWarehouse.com is compensated for information, products and
services mentioned in our website, Blogs, email newsletters, and
social networks.
Neither NinjaTrader nor any of its affiliates has reviewed,
certified, endorsed, approved, disapproved or recommended, nor will
neither does or review, certify, endorse, approve, disapprove or
recommend, any trading software tool that is designed to be
compatible with the NinjaTrader Open Platform.
The company is not an investment advisory service, nor a registered
investment advisor or broker-dealer and does not purport to tell or
suggest which securities or currencies customers should buy or sell
for themselves. The company may hold positions in the stocks,
currencies or industries discussed here.
DISCLAIMER: SPECIFIC RISKS OF TRADING
You understand and acknowledge that there is a high degree of risk
involved in trading securities and/or currencies. The Company
assumes no responsibility or liability for your trading and
investment results and you agree not to hold the company liable for
any monetary loss and/or damages of any kind. There is a high degree
of risk in trading and you should always consult a qualified advisor
about the suitability of any investment.
It should not be assumed that the information presented will be
profitable or that it will not result in losses. All information
including performance reports and charts are based upon simulated
trading and do not include slippage or commission unless otherwise
stated. Care has been taken in the preparation of the information.
However, we do not make any representations or warranties as to the
accuracy of the information provided. Information and products
provided by the Company rely on data from third party sources which
may or may not be accurate and no guarantee is given to the accuracy
or completeness of the data used or information provided.
Forex, futures, equities, and options trading has 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, equities, and options markets. Don't trade with money you
can't afford to lose. This website is neither a solicitation nor an
offer to Buy/Sell Forex, 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 this web site. The past
performance of any trading system or methodology is not indicative
of future results.
SIMULATED TRADING
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE INHERENT
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 THAT ANY ACCOUNT WILL OR IS LIKELY TO
ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN
No representation is being made that any account will or is likely
to achieve profits or losses similar to those shown in any
simulation. In fact, there are frequently sharp differences between
hypothetical performance results and the actual results subsequently
achieved by any trading program. 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 of actual trading. For example, the
ability to withstand losses or to adhere to a particular trading
program in spite of trading losses is material points which can also
adversely affect trading results. There are numerous other factors
related to the markets in general or to the implementation of any
specific trading program which cannot be fully accounted for in the
preparation of hypothetical performance results and all which can
adversely affect actual trading results.
DAY TRADING RISKS
You should consider the following points before engaging in a
day-trading strategy. For purposes of this notice, a day-trading
strategy means an overall trading strategy characterized by the
regular transmission by a customer of intra-day orders to effect
both purchase and sale transactions in the same security or
securities.
Day trading can be extremely risky. Day trading generally is not
appropriate for someone of limited resources and limited investment
or trading experience and low risk tolerance. You should be prepared
to lose all of the funds that you use for day trading. In
particular, you should not fund day-trading activities with
retirement savings, student loans, second mortgages, emergency
funds, funds set aside for purposes such as education or home
ownership, or funds required to meet your living expenses. Further,
certain evidence indicates that an investment of less than $50,000
will significantly impair the ability of a day trader to make a
profit. Of course, an investment of $50,000 or more will in no way
guarantee success.
Be cautious of claims of
large profits from day trading. You should be wary of advertisements
or other statements that emphasize the potential for large profits
in day trading. Day trading can also lead to large and immediate
financial losses.
Day trading requires knowledge of securities markets. Day trading
requires in depth knowledge of the securities markets and trading
techniques and strategies. In attempting to profit through day
trading, you must compete with professional, licensed traders
employed by securities firms. You should have appropriate experience
before engaging in day trading.
Day trading requires knowledge of a firm's operations. You should be
familiar with a securities firm's business practices, including the
operation of the firm's order execution systems and procedures.
Under certain market conditions, you may find it difficult or
impossible to liquidate a position quickly at a reasonable price.
This can occur, for example, when the market for a stock suddenly
drops, or if trading is halted due to recent news events or unusual
trading activity. The more volatile a stock is, the greater the
likelihood that problems may be encountered in executing a
transaction. In addition to normal market risks, you may experience
losses due to system failures.
Day trading will generate substantial commissions, even if the per
trade cost is low. Day trading involves aggressive trading, and
generally you will pay commissions on each trade. The total daily
commissions that you pay on your trades will add to your losses or
significantly reduce your earnings. For instance, assuming that a
trade costs $16 and an average of 29 transactions are conducted per
day, an investor would need to generate an annual profit of $111,360
just to cover commission expenses.
Day trading on margin or short selling may result in losses beyond
your initial investment. When you day trade with funds borrowed from
a firm or someone else, you can lose more than the funds you
originally placed at risk. A decline in the value of the securities
that are purchased may require you to provide additional funds to
the firm to avoid the forced sale of those securities or other
securities in your account. Short selling as part of your day
trading strategy also may lead to extraordinary losses, because you
may have to purchase a stock at a very high price in order to cover
a short position.
DISCLAIMER OF WARRANTIES
ALL SOFTWARE IS PROVIDED TO YOU AS IS AND THERE ARE NO WARRANTIES,
CLAIMS OR REPRESENTATIONS MADE BY INDICATOR WAREHOUSE OR ITS
SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO
THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, QUALITY,
PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE
OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. INDICATOR
WAREHOUSE AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL
MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF
THE SOFTWARE WILL BE UNINTERRUPTED. INDICATOR WAREHOUSE AND ITS
SUPPLIERS DO NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE
FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS
AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR
THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED
WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
LICENSE TERMS
When you order a product from our website, you are purchasing a
single user license subject to the terms of the End User License
Agreement, which may not be transferred or resold. The terms of the
license are available for review at [link to End User License
terms]. The product and/or information shall not be copied,
distributed, disclosed, disseminated or communicated in any way or
form to a third party. Profitable Decisions, Inc. acts as a sales
agent to the vendors that have designed the products you see listed
in our pages. All indicators are the property of the
programmer/author that designed them. All code is copyrighted to the
underlying designer.
TESTIMONIALS
IndicatorWarehouse.com testimonials may not be representative of the
experience of other members. Testimonials and examples used are
exceptional results, which do not apply to the average purchaser,
and are not intended to represent or guarantee that anyone will
achieve the same or similar results. Each individual’s success
depends on his or her background, dedication, desire and motivation.
The testimonials are no guarantee of future performance or success.
Results may vary from those depicted. Such results may not be
indicative of overall trading success. You should not expect to
achieve results similar to those described in the testimonials.
Earnings representations on the website do not represent a guarantee
or promise of earnings. Results achieved are entirely dependent on
your skill level, general trading knowledge and overall effort put
into using IndicatorWarehouse.com information, products and
services.
USER SUBMITTED INFORMATION
Users of this website may be permitted to post reviews, prices,
comments, and other content so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of, contain or install
software viruses, “worms” or other malicious or destructive content,
political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam,” including without limitation
machine generated, randomly generated, misleading, or unwanted
commercial content. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the
origin of content. We reserve the right (but not the obligation) to
(i) refuse or remove any content that, in our reasonable opinion,
violates any policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the features to any
individual or entity for any reason, in our sole discretion. All
content is to be provided in the English language.
If you do post content or submit material you grant us a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant us and our
sublicensees the right to use the first part of your account email
address (excluding the domain) in connection with such content, if
they choose. You represent and warrant that you own or otherwise
control all of the rights to the content that you post; that the
downloading, copying, and use of the content will not infringe the
proprietary or intellectual property rights of any third party
(including, if applicable, your employer); that the content is
accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that
you will indemnify us for all claims resulting from content you
supply. We have the right but not the obligation to monitor and edit
or remove any activity or content. We take no responsibility and
assume no liability for any content posted by you or any third
party.
We have not reviewed, and
cannot review, all of the material, including computer software,
posted by other Users, and cannot therefore be responsible for that
material’s content, use or effects. By operating the website, we do
not represent or imply that we endorse the material there posted, or
that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as necessary
to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The User
generated content may contain content that is offensive, indecent,
or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The comments
may also contain material that violates the privacy or publicity
rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of
which is subject to additional terms and conditions, stated or
unstated. We disclaim any responsibility for any harm resulting from
the use of User generated content, or from any downloading by Users
of content there posted.
COPYRIGHT INFRINGEMENT AND DMCA POLICY
As we ask others to respect our intellectual property rights, we
respect the intellectual property rights of others. If you believe
that material located on or linked to by this website violates your
copyright, you are encouraged to notify us in accordance with our
Digital Millennium Copyright Act (”DMCA”) Policy. We will respond to
all such notices, including as required or appropriate by removing
the infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly
infringes our copyrights or other intellectual property rights or
the rights of others, we may, in our discretion, terminate or deny
access to and use of the Website. In the case of such termination,
we will have no obligation to provide a refund of any amounts
previously paid.
Notice for
Claims of Intellectual Property Violations
THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
MATTERS ONLY. Correspondence regarding other matters will not be
answered. For reports of abuse and related concerns, please see the
links in the left navigation.
If you believe that your work has been copied in a way that
constitutes copyright infringement, or that your intellectual
property rights have been otherwise violated, please provide us with
the following information in English (your "Notice"):
Note: If you are asserting infringement of an intellectual
property right other than copyright, please specify the intellectual
property right at issue (for example, ‘trademark’).
-
an electronic or
physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property
interest;
-
a description of the
copyrighted work or other intellectual property that you claim
has been infringed;
-
a description of
where the material that you claim is infringing is located on
our website, with enough detail that we may find it on the
website (in most circumstances, we will need a URL);
-
your address,
telephone number, and email address;
-
a statement by you
that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its
agent, or the law;
-
a statement by you,
made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the
copyright or intellectual property owner's behalf.
Our address for Notices
is
http://www.indicatorwarehouse.com/contact-us.htm
EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES
INDICATOR WAREHOUSE AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR
ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY
DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT
APPLY TO YOU.
GOVERNING LAW
This Agreement shall be governed by and construed under Texas law as
such law applies to agreements between Texas residents entered into
and to be performed within Texas.
FORCE MAJEURE
Indicator Warehouse and its suppliers shall not be liable in any
respect for failures to perform hereunder due wholly or
substantially to the elements, acts of God, labor disputes, acts of
terrorism, acts of civil or military authority, fires, floods,
epidemics, quarantine restrictions, armed hostilities, riots and
other unavoidable events beyond the control of Indicator Warehouse
or its suppliers, and the time for performance of obligations
hereunder by Indicator Warehouse or its suppliers subject to such
event shall be extended for the duration of such event.
