PLEASE READ OUR TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE OR SERVICES.
This is a legally binding agreement (“Agreement”) between ElliottWaveTrader LLC (“EWT” “we,” or “us”) and you, with regard to EWT’s website, ElliottWaveTrader.net (the “Site”), and the Content and Subscriptions we offer to you through the Site (collectively, the “Services,” as further defined below). You agree to this Agreement, either on your own behalf, or on behalf of a legal entity (e.g., your employer or otherwise) (“entity”), in which case you represent and warrant that you are authorized by the entity to do so, have the authority to legally bind the entity, are at least 18 years of age, and agree that the terms “you” and “your” shall refer to you, individually, and the entity. If you are not so authorized or if you cannot accept this Agreement, your use of this Site and the Services are prohibited.
This Site and the Services are not intended for use by persons under the age of 13. If you are under the age of 13, you may not use the Service or provide EWT with any personal information. If you are 13 or older but not of legal age to enter into a contract (usually 18 in the U.S.), you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand this Agreement and approve of your use of the Site and the Services. In that case, your parent or guardian will be the responsible party opposite EWT under this Agreement.
EWT provides this Site and its Services to you subject to all terms and conditions set forth in this Agreement, including this paragraph, the paragraphs set forth above, and the following:
Please understand that EWT is not a broker-dealer or investment advisor, does not owe a fiduciary duty to you, and that trading by its nature involves risk of significant loss. By using our Services, you acknowledge and agree to the foregoing and that any actions or forbearance from taking action based on the information we provide and the use of our Services is entirely at your own risk, for which EWT and its Affiliates shall have no liability.
EWT is a publisher that is not familiar with your particular needs and circumstances. ElliottWaveTrader is not registered as a broker-dealer, investment company or as an investment advisor with the United States Securities and Exchange Commission or with any state securities authority. We offer access to our Site on a subscription only, as described further below. You understand that no Content published on this Site constitutes a recommendation that any particular investment, security, sector, portfolio of securities, tax strategy, transaction or investment strategy is suitable for any specific person. You further understand that no one in the employ of EWT is advising you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy, tax advice or strategy, retirement advice or strategy, or other matter. To the extent any of the Content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed on the Site are the opinions of our contracted analysts and of our users. The analysts may differ from time to time in their opinions about the same securities.
You understand that the owners, contracted analysts and staff have or may have, personal positions in the instruments (or similar instruments) mentioned on the Site. They agree contractually not to trade in securities inconsistent with their posts on EWT, nor to receive compensation from or insider information on companies whose stocks they discuss on the Site.
You understand that the risk of loss in trading securities (including, without limitation, stocks, ETFs, and index futures) can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment.
In addition, we want everyone on EWT to understand that markets are fluid, dynamic, non-linear systems. In order to trade such systems, one has to develop the experience necessary to navigate its complexities. Therefore, we strongly suggest that a trader takes the time to learn Elliott Wave and supporting technical analysis BEFORE beginning to trade his or her hard-earned money. Also, our general advice is that you do not enter any trade with more than 3% of your trading account and ALWAYS use stops.
We sometimes provide trade set-ups and alerts on the site. These are for educational and hypothetical purposes only and are not trade recommendations. The prices quoted in the alerts are based on real-time market prices as of the time stated in the alert, and not actual fills by the analyst. Actual trading could affect trading prices. We also sometimes track the performance of these set-ups and alerts. Performance table returns don’t include commission and other execution and trading costs, including taxes, that would be incurred if these were actual portfolios. Past performance is no guarantee of future results.
You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
When U.S. exchanges are open, any quotes displayed in our model portfolios are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information.
No Guarantee. Although, EWT works hard to provide a high quality Site and “Services”, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or any of our Services.
Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use on our Site. You agree that this Site is provided “AS IS,” as further stated in the “Disclaimer of Warranties” section below, and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings, or any other aspect of your use of the Site or the Services.
Subscription License. If you login to receive a Free Trial or purchase a Subscription to our Services, as described in Section 4, below, this Section 3 is applicable to you.
THE SITE AND ALL CONTENT AND SERVICES, INCLUDING THEIR FEATURES AND FUNCTIONALITY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE, CONTENT OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, CONTENT OR SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR SERVICES PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES OR ANY THIRD PARTY WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE, CONTENT AND SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, CONTENT OR SERVICES, INCLUDING, BUT NOT LIMITED TO, THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE CONTENT OR SERVICES AVAILABLE AT THIS SITE MAY BE OUT-OF-DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR SERVICES.
THE USE OF THIS SITE AND ANY SERVICES OR CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, LOSS OR HARM RESULTING THEREFROM, INCLUDING TO ANY COMPUTER SYSTEM OR LOSS OF DATA AND ANY OTHER DAMAGE OR HARM THAT RESULTS FROM SUCH ACTIVITIES.
THROUGH YOUR USE OF THE SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER USERS, COMPANIES, GROUPS, OR VENDORS. YOU ACKNOWLEDGE THAT ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES, AND THAT EWT SHALL HAVE NO LIABILITY OR RESPONSIBILITY RELATED THERETO.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US, OR ANY OF OUR AFFILIATES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, CONTENT OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
EWT’S SOLE AND EXCLUSIVE LIABILITY, AND THAT OF ITS AFFILIATES, OWNERS, EMPLOYEES AND INDEPENDENT CONTRACTORS, AND YOUR EXCLUSIVE REMEDY, REGARDLESS OF THE THEORY OF LIABILITY, FOR ANY AND ALL CLAIMS ARISING OUT OF THIS AGREEMENT AND YOUR USE OF THIS SITE, THE CONTENT AND OUR SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID US FOR SERVICES FOR THE APPLICABLE SUBSCRIPTION TERM DURING WHICH THE INCIDENT WHICH GAVE RISE TO THE LIABILITY FIRST AROSE.
IN NO EVENT SHALL WE OR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST OR DAMAGED DATA, TRADING LOSS OR PROFIT LOSS, BUSINESS INTERRUPTION, LOSS OF PRIVACY, LOSS OR DISCLOSURE OF CONFIDENTIAL INFORMATION, NEGLIGENCE, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THIS SITE, THE CONTENT AND OUR SERVICES OR OF ANY SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, NEITHER EWT NOR OUR AFFILIATES, OWNERS, EMPLOYEES OR INDEPENDENT CONTRACTORS, SHALL BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR SITE, SERVICES OR CONTENT, NOR FOR PROVIDING ASSISTANCE WITH REGARD TO ANY THIRD PARTY TRANSACTIONS, NOR FOR ANY PRODUCTS OR SERVICES YOU MAY PURCHASE FROM ANY THIRD PARTY BY RESPONDING TO THIRD PARTY OFFERS THROUGH THIS SITE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS WITH SUCH THIRD PARTIES. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless EWT, our Affiliates, and each of their respective owners, employees and independent contractors from and against all liabilities, claims, and expenses, including, but not limited to, attorneys’ fees and costs, that may arise from or relate to: (a) your use or misuse of this Site or our Services or Content; (b) your User Content; (c) any breach of this Agreement for which you are responsible; and/or (d) violation, misappropriation or infringement of any intellectual property or other rights of EWT and/or any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.