Blue Wave Trading (BWT) Terms and Conditions, Disclaimer, Risk Warning
BLUE WAVE TRADING TERMS AND CONDITIONS of SALE
BEFORE MAKING A PURCHASE: ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. IF YOU DO NOT AGREE WITH THIS , DO NOT PURCHASE. Dear valued Trader – It is your responsibility to read the Terms and Condition of Sale, the Disclosure and Disclaimers related to speculation, futures and commodity trading in the free markets and the BWT License Agreement . Please fax to 206-338-4322 or scan and attach to an email to [email protected]
- ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. IF YOU DO NOT AGREE WITH THIS , DO NOT PURCHASE
- 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.
- 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.
- 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.
- 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.
These Terms and Conditions (the “Website Terms and Conditions”) govern your use of the Websites, your receipt of services and information made available through the Websites, and your use of any free trials or versions of BWT products available through our website www.bluewavetrading.com (collectively, the “Services”).
Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing any of this website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with, them.
In addition, if you register as a user (a “Subscriber”) of any of the features of our Websites or Services offered through our Websites, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.
Conditions on Participation
You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the Services will not violate any law in any applicable jurisdiction in any country. You understand the risk statement and agree fully to all content of these terms and the indefinate survival of all articles.
Purpose of Services and Websites
The Services and Websites are made available solely as a convenience to you for general informational purposes This information is not intended for use without professional advice.
If you rely on the information it is at your own risk and BWT will not accept liability of whatever nature and howsoever arising in respect of any claim, damages, loss or expense, whether direct or indirect including consequential loss or loss of profit, arising out of or in connection with the reliance by you, the browser, on the contents of this website, or the user of the products and services described herein.
Disclaimer regarding Content
BWT cannot and does not represent or guarantee that any of the information available through the Services or Websites is accurate, reliable, current, complete or appropriate for your needs. Various information available through the Services or Websites may be provided by parties with whom BWT has no relationship (or no relationship other than one established through these Terms and Conditions).
Ownership of Information; Downloading of Materials; Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Websites, and all information made available through the Websites or the Services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of BWT or its affiliates- To the extent that the Websites or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”)
YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BWT.
No Creation of Third-Party Rights
Nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
Complaints over Perceived Copyright Infringement
If you believe materials posted on our Websites infringe the copyright in your Work, you must direct your concerns to our legal department.
Content of Notice:
Your notice should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property;
- Identification of the copyrighted work that you believe has been infringed
- Identification of the material on our Websites that you believe is infringing, with sufficient specificity to permit us to locate the material without undue searching; and
- Information reasonably sufficient to permit us to contact you, including an address, telephone number and, if available, an e-mail address;
- A statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information on the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Product Free Trials and Demonstrations
All product demonstrations (“demos”) may only be used during the time periods specified for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
Professional/ Non Professional Status
With respect to Services involving the receipt of financial market information, if you are a professional broker, dealer or trader or employed by or conducting business in the securities industry, you must agree to be bound by your agreements with the Data Providers before utilizing the Services for commercial purposes.
If you are not such a professional, you agree to use the Services solely in your own individual capacity, and solely in connection with your own individual personal investment activities and not in connection with any trade or business activities.
Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby.
Choice of Law; Choice of Forum
In using this website, the user agrees to submit exclusively to the law of the United States and the jurisdiction of the courts of the United States in respect of any dispute arising out of use of the website.
You agree to indemnify and hold harmless BWT, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims.
This website is for information, educational, testing and training purposes only. Use of the products on this website is intended initially for use in trade simulation and testing. Using these products or information – when live trading it is with the absolute discretion of you the trader and that they have indemnified BWT and any of its employees or directors against any potential losses that may rise from improper use of products or information – or incidental losses of any kind.
In addition to applicable disclaimers, stated above, BWT’s performance under these Website Terms and Conditions and the Services shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.
Disclaimer of Right to Sue
You release BWT, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Websites or Services, or arising in any way from content posted to any of the Websites by any third party
By using this Website, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit our Websites or use our products and services
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.
No Trading or Investment Advice provided
Trading and investment carry a high level of risk, and Blue Wave Trading does not make any recommendations for buying or selling any financial instruments. We offer educational information on ways to use our sophisticated trading tools, but it is up to our customers and other readers to make their own trading and investment decisions or to consult with a registered investment advisor.
Trading Disclaimer and Risk
Trading and investment carry a high level of risk, and BWT does not make any recommendations for buying or selling any financial instruments. We offer educational information on ways to use our sophisticated BWT trading tools, but it is up to our customers and other readers to make their own trading and investment decisions or to consult with a registered investment advisor.
Securities and derivatives markets are subject to rapid and unexpected price movements and you may get back less than you invested or be required to make unlimited additional contingent payments if the market moves against you.
All reasonable steps have been taken to ensure that all of the following information is correct, we do not offer any warranty as to the accuracy or completeness of such information.
Futures trading carries a high level of risk to your capital. A key risk of leveraged trading is that if a position moves against you, the customer, you can incur additional liabilities far in excess of your initial margin deposit. Only speculate with money you can afford to lose. Futures trading may not be suitable for all customers, therefore ensure you fully understand the risks involved and seek independent financial advice if necessary.
Trading foreign exchange on margin carries a high level of risk to your capital and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. A key risk of leveraged trading is that if a position moves against you, the customer, you can incur additional liabilities far in excess of your initial margin deposit. Only speculate with money you can afford to lose. If in doubt you should seek independent advice.
Shares/ETFS – Buying, selling and investing in shares/ ETFS is never without risk. The market itself can go down and the companies you pick can perform badly. Before deciding whether to trade, you need to be aware of the all the risks.
- Past performance of an investment is no guide to its performance in the future.
- Investments, or income from them, can go down as well as up.
- Risk can be brought about by the performance of world markets, interest rates, taxes on income and capital, and foreign exchange rates.
- You may not necessarily get back any of the amount you invested.
- Smaller company shares can be relatively illiquid, meaning they could be harder to trade, which makes them higher risk.
- Content and information about potential investments are designed for general use, and so cannot be considered personal to your circumstances or your financial position.
- This site does not offer advice.
- If you are unsure about any investment or financial decision, you should seek expert independent advice.
- This site and its services are only directed at persons submitting to the Law forum and courts of the US
U.S. Government Required Disclaimer
Commodity Futures Trading Commission.*Futures, options, and spot currency 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. Don’t trade with money you can’t afford to lose. 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.
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.
Futures trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.
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. 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 or to adhere to a particular trading program in spite of trading losses are material points 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 which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
We take security very seriously. Where appropiate the website is configured to transfer data using the Secure Sockets Layer (SSL), one of the strongest security systems to protect your communications with us, you are automatically protected using SSL with 128 bit encryption. SSL works in the following ways:
- It prevents impersonation – you can tell that you are using a genuine SSL website by the padlock symbol on the bottom of the screen.
- It encrypts data – as soon as your computer has recognised our computer they encrypt all information that is passed between them. Data encryption means that no-one else can read or change your information as it travels over the Internet.
- It prevents scrambling – SSL uses a Message Authentication Code (MAC) to prevent anyone tampering with our website. Your computer will always check this code before it takes a message from us. This means that if anyone tries to interfere with a message, your computer would not recognise the code and would alert you.
This statement covers the services provided by BWT website www.bluewavetrading.com and other subdomains of bluewavetrading.com
The data controller for this website is BWT.
Data from the use of the website will be recorded for security, auditing, training and statistical purposes and will be held for a maximum of 19 months.
The purpose of this statement is to inform users of the website, which is managed by BWT, about the information that is collected from them when they visit this website, how this information is used, if it is disclosed and the ways in which we protect users’ privacy.
Data Protection Act 1998
This Act requires that we inform you that our confirmation by e-mail may include information about you (this is called ‘personal data’ in the Act) and that we are a ‘data controller’ for the purposes of the Act.
We will process any feedback you give us about this website. We will only use this information to improve this website.
We may disclose any data obtained to any person or organisation for the purposes for which it was collected or where the Act allows disclosure.
As a data subject, you have the right to ask for a copy of the data and to ask for any inaccuracies to be corrected.
Site Usage Information
Log files allow us to record visitors’ use of this website, which we use to make improvements to the layout of the website and to the information on it, based on the way that visitors navigate around it. Log files do not contain any personal information about you.
Amendments to the Security and Privacy Statement
If this security and privacy statement changes in any way, we will place an updated version on this page. By reviewing this page it ensures you are always aware of what information we collect, how we use it and under what circumstances, if any, we will share it with other parties.