TERMS OF SERVICE (AKA DISCLAIMERS, TERMS OF USE, TERMS AND CONDITIONS)
These Disclaimers, Terms of Use, and Terms and Conditions can be modified at any time by Futures Analytica without notice. Your continued use of the site and any of our products indicates your acceptance of the Disclaimers, Terms of Use, and Terms and Conditions herein.
You are solely responsible for any reliance on any information provided by Futures Analytica LLC other associated channels, and you agree to indemnify and hold Futures Analytica LLC and its affiliates, sponsors, or other partners and employees harmless from any claim or demand related to its use, including attorneys' fees.
All information on this website and its associated channels is for educational and informational purposes only and should not be construed as investment advice regarding the purchase or sale of securities, or any other financial instrument of any kind. Please consult with your financial advisor before making any investment decisions.
SECTION 1: Performance Disclaimer for Futures Trading Software
Before using our futures trading software, please carefully consider the following performance disclaimer. This statement is intended to provide a clear understanding of the nature of trading futures and the use of our software.
No Guarantee of Profit: Our trading software is designed to assist in automating futures trading decisions. However, it is important to recognize that we do not guarantee any financial gains or profitability as a result of using this software. Trading futures involves considerable risk, and there is always the potential for loss as well as gain.
Inherent Risks of Futures Trading: Futures trading carries inherent risks and is not suitable for all investors. The leverage associated with futures trading can lead to substantial losses as well as gains. Market conditions, volatility, and economic events can all impact trading results significantly. Users should be aware that past performance is not necessarily indicative of future results.
Variability in Results: The effectiveness of our software can vary based on how it is used. Different strategies, settings, and user interventions can result in differing outcomes. Additionally, the software’s performance is also subject to the prevailing market conditions. What may work well in one market climate might not be appropriate in another. Users should adapt their strategies to market conditions and their personal risk tolerance.
User Responsibility: It is the user's responsibility to understand the functionality and settings of the trading software. Users should test the software thoroughly in a simulated environment before deploying real capital. We recommend all users educate themselves thoroughly on the mechanics of futures trading and seek advice from an independent financial advisor if unsure about the suitability of futures trading for their financial situation.
Acknowledgment of Risk: By using this software, users acknowledge that they understand and accept the risks associated with futures trading. Users also acknowledge that they are solely responsible for their trading decisions and outcomes.
Futures Analytica LLC assumes no responsibility for the content of any posts on this site, Twitter, YouTube or other associated channels, or for any results of your use of this information in trading or investment activities you undertake. The information provided on this website is not warranted against completeness or accuracy. Any trademarks or service marks referenced on this website are for identification purposes only, no claim is made to their use. The views expressed belong solely to their respective authors and do not necessarily reflect the views of Futures Analytica LLC, its affiliates, sponsors, or employees.
The term "AnalyticaChart product" is defined as these products, with no extension to any other products: AnalyticaChart3, AnalyticaChart3 monthly subscription, AnalyticaChart4, AnalyticaChart3 Machine ID addition and AnalyticaChart4+. Automated trading products and education are defined as follows: PolarityATI, PolarityATI Bundle, and all Guidebook products.
You understand and agree that the owners of Futures Analytica LLC shall not be liable for any direct, indirect, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, data or other intangible losses (even if the owners of this site have been advised of the possibility of such damages), resulting from the use of or the inability to use the service(s), or any misuse of the service(s) in a manner not in accordance with their intended use.
Beta Version Disclaimer: By choosing to use a beta version of our software, you acknowledge and accept that the software is in a testing phase and may contain bugs, errors, or other issues that could cause system or other failures and data loss. You understand and agree that your use of the beta version is voluntary and that you assume all risks associated with using it. While we will strive to address any issues that arise, technical support for beta versions of the software is not guaranteed. You agree not to hold the company liable for any harm, material or otherwise, caused by the installation or use of the beta version of the software. You understand that beta versions are provided "as is" and without any warranty of any kind, either express or implied. By using a beta version, you waive any right to dispute a transaction or seek a refund on the basis that the beta version did not function as expected.
License Transfer and Resale Prohibition: Transferring licenses of Futures Analytica products to another user or engaging in the resale of these products is strictly prohibited and constitutes a breach of copyright law. Violation of this term may result in the immediate termination of your license and may subject you to legal action for copyright infringement.
By accessing and using AnalyticaChart4 and the Polarity Automated Trading Interface, you acknowledge and agree to respect the intellectual property rights of Futures Analytica. Unauthorized reproduction, distribution, transmission, modification, public display, or public performance of either AnalyticaChart4 or the Polarity Automated Trading Interface, or any content provided within these software solutions, is strictly prohibited without the express written consent of Futures Analytica.
This prohibition encompasses, but is not limited to, any form of recording, capturing media, screenshots, or any other method that reproduces or distributes the software, its features, its user interface, or any content within, outside the confines of the license agreement provided to you upon purchase or download. Such actions are deemed a violation of copyright laws and the license agreement between you and Futures Analytica.
Violations of this policy may result in the immediate termination of your license, in addition to Futures Analytica reserving the right to take legal action to protect its intellectual property rights. Individuals or entities found in violation may also be held financially liable for damages, legal fees, and other expenses incurred by Futures Analytica as a result of the infringement.
Futures Analytica LLC vigorously protects its intellectual property and will enforce its rights to the fullest extent of the law. Should you wish to utilize any material from AnalyticaChart4 or the Polarity Automated Trading Interface beyond the scope provided by the license agreement, please contact us at legal@futuresanalytica.com to seek explicit permission. We value your understanding and cooperation in safeguarding the intellectual property associated with our software solutions.
Trade Copying:
This software exists for the intention of the users individual needs, and any marketing material is not to be taken as financial advice. Any attempts to copy any Futures Analytica associates trading decisions, is against our terms of service.
SECTION 2: Commodity Futures Trading Commission Futures 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, stocks or options on the same. 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.
NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT, YOUTUBE VIDEOS, ANY ADVERTISING CONTENT, AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.
SECTION 3: INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Futures Analytica, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Futures Analytica, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Futures Analytica.
Futures Analytica’s names, logos, product and service names, designs, and slogans are trademarks of Futures Analytica or its affiliates or licensors. You must not use such trademarks without the prior written permission of Futures Analytica. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 4 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 5 - RELATIONSHIP WITH SHOPIFY
Futures Analytica is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Futures Analytica. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Futures Analytica, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Futures Analytica.
SECTION 6 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 7 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 8 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).