Disclaimer

HYPOTHETICAL PERFORMANCE DISCLAIMER


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.

NO FINANCIAL ADVICE PROVIDED


INDEXTRADER MAKES NO REPRESENTATIONS AS TO WHETHER AN ALGORITHMIC STRATEGY IS APPROPRIATE FOR YOU. FURTHER, INDEXTRADER MAKES NO REPRESENTATIONS OR GUARANTEES AS TO THE PERFORMANCE OF ANY ALGORITHMIC TRADING SYSTEM OR STRATEGY. THROUGH YOUR OWN SELECTION, IT IS UP TO YOU TO DECIDE WHETHER A STRATEGY IN WHICH YOU PARTICIPATE IS APPROPRIATE FOR YOU.

YOU ACKNOWLEDGE THAT YOU ARE CAPABLE OF INDEPENDENTLY ANALYSING SUCH CONTENT USING YOUR OWN EXPERTISE, DUE DILIGENCE AND DECISION MAKING AND THAT YOU ARE NOT RELYING ON THIS SITE OR INDEXTRADER AS A BASIS FOR ANY DECISIONS YOU MAY MAKE CONCERNING INVESTMENTS.

YOU SHOULD NOT CONSIDER ANY CONTENT ON THE SITE TO BE PROFESSIONAL INVESTMENT, TAX, TRADING OR OTHER FINANCIAL ADVICE. NOTHING ON THE SITE SHOULD BE CONSTRUED AS A RECOMMENDATION OF ANY SECURITY, FUTURES CONTRACT, COMMODITY, TRANSACTION, INVESTMENT STRATEGY, OR EXCHANGE OR MARKET BY INDEXTRADER, ITS AFFILIATES OR ANY THIRD PARTY. ALL CONTENT ON THIS SITE IS IMPERSONAL AND NOT TAILORED TO THE INVESTMENT NEEDS OF ANY SPECIFIC PERSON.

Futures and Foreign Exchange Trading Risks


There is a risk of loss in futures, foreign exchange and options trading. Trading futures and foreign exchange on margin carries a high level of risk and may not be suitable for all investors. Please trade with capital you can afford to lose. All information has been obtained from sources which are believed to be reliable, but accuracy and thoroughness cannot be guaranteed. Site visitors are solely responsible for how they use the information and for their results. You should be aware of all the risks associated with futures and foreign exchange trading and seek advice from an independent financial advisor if you have any doubts. The high degree of leverage that is often obtainable in futures and foreign exchange trading can work against you as well as for you. The use of leverage can lead to large losses as well as gains. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS.

Internet Trading Risks


There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software and Internet connection. Since IndexTrader does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. IndexTrader employs back-up systems and contingency plans designed to minimize the possibility of system failure. UNDER NO CIRCUMSTANCES SHALL INDEXTRADER BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER SUFFERED BY YOU DUE TO EVENTS BEYOND THE REASONABLE CONTROL OF INDEXTRADER, INCLUDING WITHOUT LIMITATION MALFUNCTIONS OR FAILURES OF ANY COMMUNICATION DEVICES OR NETWORKS, POWER SUPPLIES, THIRD PARTY SOURCES OF DATA, INFORMATION, TECHNOLOGY OR TECHNOLOGY SERVICES, OR ACTS OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITIES.

Systems Trading Risks


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 profits or losses. There have been no promises, guarantees or warranties suggesting that any trading will result in a profit or will not result in a loss. IndexTrader does not guarantee the accuracy or completeness of the information or any analysis based thereon.

General Disclaimer


YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS SOLELY AT YOUR OWN RISK, AND THAT ALL SUCH DATA, INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDEXTRADER MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, QUALITY, ACCURACY, COMPLETENESS, CURRENCY, TIMELINESS, PERFORMANCE, SECURITY, OPERATION AND/OR USE OF THE SITE OR ANY DATA, INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE, NOR ANY DATA, INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, FUTURES CONTRACT, COMMODITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY SECURITY, FUTURES CONTRACT, COMMODITY, FINANCIAL PRODUCT, INVESTMENT MANAGER, TRADING OR INVESTMENT STRATEGY, OR EXCHANGE OR MARKET. IN ADDITION, INDEXTRADER DOES NOT REPRESENT OR WARRANT THAT THE DATA AND INFORMATION ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, AND INDEXTRADER IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN, FOR CORRECTION OF ANY ERRORS OR OMISSIONS, FOR MAINTAINING THE SITE, OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON SUCH DATA OR INFORMATION OR ANY OTHER ASPECT OF THE SITE. FURTHER, INDEXTRADER MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL INDEXTRADER OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF INDEXTRADER OR ANY OF ITS AFFILIATES (COLLECTIVELY, THE “INDEXTRADER PARTIES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY DATA, INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

THE DISCLAIMERS AND LIMITATIONS PROVIDED HEREIN CONSTITUTE AN ESSENTIAL PART OF THIS AGREEEMENT. NO USE OF THE SITE, OR ANY DATA, INFORMATION, CONTENT OR SERVICES AVAILABLE ON THE SITE, ARE AUTHORIZED EXCEPT UNDER THE FOREGOING DISCLAIMERS AND LIMITATIONS.CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Copyright Information

© Copyright 2012 Futures Index Trading Pty Ltd. All rights reserved. All content, graphics and publications on this site are protected by Australian copyright and international treaties and may not be copied without the express permission of Futures Index Trading Pty Ltd (“IndexTrader”), which reserves all rights. Re-use of any of the IndexTrader‘s content and graphics by user for any purpose is strictly prohibited. User understands that all pages viewed by subscription or trial are copyright protected products of IndexTrader. User understands that it is illegal to forward or re-transmit these pages in any form without written authorization from IndexTrader. User also understands that he/she is prohibited from allowing any unauthorized person to view part or all of these pages. The user agrees that the use of the program and website is for personal use only and no information or trading information will be shared with, or distributed to, any third party including individual, broker or corporation. User agrees that if he/she should violate these terms, User accepts full financial liability for any loss of revenue suffered by IndexTrader.