5 Pips a Day Terms & Conditions
You understand and agree to accept that this agreement is legally, the same as manually signing this agreement. 5 Pips A Day reserves the right upon notice to you, to change or terminate this agreement. You agree that your use of 5 Pips A Day after notice of change to this agreement, or if you do not close your work with 5 Pips A Day within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law however, will be effective immediately.
PREDISPUTE ARBITRATION CLAUSE DISCLOSURES
As an independent and self-directed investor, you acknowledge that you, alone, shall be responsible for determining the suitability of your investment choices and investment strategies, and you understand that the 5 Pips A Day software is an automated trading system. Trades are conducted automatically on your behalf and therefore do not require human intervention. 5 Pips A Day developers shall assume no responsibility for investment choices or determinations. You shall not hold 5 Pips A Day or any of its team, employees or affiliates liable for investment decisions. The team cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that 5 Pips A Day does not give any legal or tax advice. The 5 Pips A Day team are not liable for any damages or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from the use of 5 Pips A Day. Additionally, you agree that no fiduciary relationship is formed and no fiduciary duty is owed to either party of this agreement, by virtue of your purchase. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this agreement and be bound thereby.
5 Pips A Day is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this site and the 5 Pips A Day software and manuals.
All materials on www.5PipsADay.com, including but not limited to images, software and text, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on www.5PipsADay.com, limiting the use of the materials. Any unauthorized use of the materials on www. 5PipsADay.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
5 Pips A Day reserves the right to refuse any purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase. 5 Pips A Day further reserves the right to change its charges any time by posting a modified schedule of pricing and rates on the 5 Pips A Day website.
Charges - All charges are refundable during the first 60 days from the date of purchase. Following 60 days from the date of purchase, no refunds will be made. You may need to contact the purchase provider regarding any requests for refunds within 60 days of the date of your purchase.
The 5 Pips A Day team makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the websites content or its compliance with such local laws. You understand that the 5 Pips A Day site is the only means of accessing the 5 Pips A Day automated trading software. You agree that 5 Pips A Day shall not be liable for any losses or damages you incur as a result of the unavailability of the 5 Pips A Day website from foreign countries.
This agreement will be effective only upon our approval of your purchase. 5 Pips A Day reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any 5 Pips A Day purchase. The 5 Pips A Day team further reserves the right to reject a 5 Pips A Day purchase for any reason.
5 Pips A Day may terminate any or all of the services rendered under this agreement at any time and for any reason. You agree to reimburse 5 Pips A Day for any collection costs relating to any unsecured debit balance in your purchase, including attorney's fees, court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in collaboration with others, including situations in which you have allowed third parties to use your purchase of the 5 Pips A Day automated trading software in any such manner, 5 Pips A Day shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate 5 Pips A Day for the time and effort of the 5 Pips A Day team in rectifying the said conduct.
You agree that your use of the 5 Pips A Day Automated Trading Software will be licensed only to (1) your own personal MetaTrader 4 demo and/or live live trading account. You accept that a license will be processed only once the 5 Pips A Day team have received your license request.
You agree that 5 Pips A Day will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorized access or operator errors.
You agree that 5 Pips A Day will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for any other reasons.
Additionally, you understand that the 5 Pips A Day website is the primary means of processing your 5 Pips A Day purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, 5 Pips A Day would not be liable for any losses or damages you might suffer as a result of such delays.
All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
Subject to the limited exceptions described below, you agree to submit to arbitration any dispute between you and 5 Pips A Day and/or any of its members, officers, directors, employees. Any arbitration under this agreement will be conducted under the arbitration rules of the financial industry regulatory authority. Arbitration may be initiated by either of us serving written notice on the other. The arbitrators' ruling will be final and judgment on it may be entered in any court of competent jurisdiction.
5 Pips A Day reserves the right to pursue legal action against you through the state and federal courts or other appropriate jurisdiction in the event 5 Pips A Day determines that you have committed fraud or other crimes against 5 Pips A Day and/or third parties involving the funding of, transactions in, or withdrawals from your purchase(s) with 5 Pips A Day. In such cases, you shall be deemed by this agreement to have accepted.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified, or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
This agreement will pass to the benefit of the 5 Pips A Day team successors, assigns and agents. 5 Pips A Day may assign its rights and duties under this agreement to any of its successors, subsidiaries or affiliates without giving you any prior notice or to any other entity on prior written notice to you. In addition, you agree that this agreement and all terms hereof, will be binding on your heirs executors, administrators and personal representatives and any assigns permitted by 5 Pips A Day.
To the extent permitted by law, 5 Pips A Day shall not be liable for any expenses, losses, damages, liabilities, demands, charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relating to investigating or defending any demands, charges and claims) ("Losses") by or with respect to the purchase. 5 Pips A Day will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
5 Pips A Day shall have no liability for and you agree to reimburse, indemnify and hold 5 Pips A Day, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling 5 Pips A Day harmless from all expenses (including legal expenses and reasonable attorney's fees), Losses or damages that result from: (a) your or your agents' misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) 5 Pips A Day following your or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or Custodian, (d) the failure by any person not controlled by 5 Pips A Day to perform any obligations to you, and (e) your failure to provide accurate information on your 5 Pips A Day purchase application or to update that information as required.
U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures 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 futures and options markets. 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 on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
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 THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
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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. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading.
All information on the 5 Pips A Day website is for educational purposes only and is not intended to provide financial advice. Any statements about profits or income, expressed or implied, do not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold 5 Pips A Day and any authorized distributors of this information harmless in any and all ways.
All rights reserved. The use of this website constitutes acceptance of our user agreement and any changes made to the agreement.
5 Pips A Day's failure to insist on strict compliance with this Agreement or any other course of conduct on our party will not be deemed a waiver of 5 Pips A Day's rights under this agreement.
Results are based on historical data. There is no guarantee of future performance.
You should understand the risks involved with trading.
Different brokers can produce different results due to spreads and liquidity. Your capital is at risk.
Beginner traders should research and learn about trading before using any forex software.