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CFTC DISCLOSURE and
TERMS AND CONDITIONS of SALE
1. Blue Wave Trading (BWT) shall
not be liable for, and neither Customer nor
any person on behalf of customer shall hold
or seek to hold BWT liable for, any
technical problems, system failures and
malfunctions, "bugs" , communication line failures,
equipment or software failures and
malfunctions, and other similar problems or defects
related to the Licensed Software or any
problems or defects with the customer's
computer. The Licensed Software
is provided "as is," and BWT disclaims
and Customer hereby expressly waives, all
warranties, express or implied, including
any warranties or guarantees with respect to
the Licensed Software, including without
limitation, warranties of merchantability or
fitness for a particular purpose. BWT
shall not be liable to Customer or any third
parties for any loss, cost, damage or other
injury, (including but not limited to
consequential, exemplary, special, indirect,
incidental or punitive damages relative to
loss of data, loss of use of any equipment
or goods, network downtime costs, or for
loss of profit or revenues arising there
from) whether in contract or tort arising
out of or caused in whole or in part by
Customer's use of or reliance on the
Licensed Software or its content even if
BWT is advised of the possibility of such
damage.
2. Customer
understands and acknowledges that there is
substantial risk in trading securities,
commodities, futures, options and other
instruments with or without the Licensed
Software, and that past results are not
necessarily indicative of future results or
performance.
6. BWT makes no representations concerning
the suitability of the Licensed Software for
use by Customer. Customer should determine
for himself or herself whether, and to what
extent, the use of the Licensed Software is
suitable for Customer
7. Customer will hold harmless and indemnify
VENDOR and its officers, directors,
employees and agents, from and against any
and all losses, costs, damages and
liabilities, including reasonable attorneys'
fees, resulting directly or indirectly from
the use of the Licensed Software by Customer
or Customer's agents, including any claims
brought against BWT that arise out of or
relate to the use of the Licensed Software
by Customer, or Customer's agents.
DISCLOSURE/DISCLAIMER
This website 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
website. The past performance of any trading
system or methodology is not necessarily
indicative of future results. Futures, options, and
securities trading have risk of loss and may
not be suitable for all persons.
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.
Past
results are not necessarily indicative of
future results, and this does not guarantee
profits or prevention of loss. 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 may not 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, volatility or similar
unforseen events. Simulated trading programs in
general are also subject to the fact that
they are designed with the benefit of
hindsight.
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