TESTBEFORETRADE.COM - TERMS OF USE AGREEMENT
NOTICE.
The testbeforetrade.com Web site (the "Web Site") and the Backtesting service (the "Service") are operated by TestBeforeTrade.com. The Web Site and the Service are offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the "Terms of Use"). Your use of the Web Site and the Service constitutes your agreement to comply with these Terms of Use.
MODIFICATION.
TestBeforeTrade.com reserves the right to change these Terms of Use without notice. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Web Site and the Service constitutes your agreement to such changed Terms of Use.
PERSONAL AND NON-COMMERCIAL USE.
Unless otherwise specified, the Web Site and the Service are for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, products or services obtained from the Web Site.
LINKS.
The Web Site may contain links to Web sites controlled or offered by third parties. TestBeforeTrade.com disclaims liability for any information, materials, products or services posted or offered at any such linked sites. By creating a link to a third party Web site TestBeforeTrade.com does not endorse or recommend any products or services offered or information contained at such linked site, nor is TestBeforeTrade.com liable for any failure of any products or services offered or advertised at such linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked site.
NO REDISTRIBUTION RIGHTS.
You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Web Site or obtained through the Service without TestBeforeTrade.com’s express written permission, which permission may be withheld in TestBeforeTrade.com’s sole discretion.
SUBMISSION OF IDEAS, SUGGESTIONS OR OTHER INTELLECTUAL PROPERTY.
Any comments or information that you provide to TestBeforeTrade.com, for example feedback or ideas, suggestions, concepts, or other information (collectively, the "Submissions"), shall be deemed, and shall remain, the property of TestBeforeTrade.com. None of the Submissions shall be subject to any obligation of confidence on the part of TestBeforeTrade.com, and TestBeforeTrade.com shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, TestBeforeTrade.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions.
NO INVESTMENT ADVICE.
The information contained on the Web Site or obtained through the Service has no regard to the specific investment objective, financial situation or particular needs of any specific recipient. Nothing written or suggested on the Web Site should be considered trading advice. The Web Site and the Service are intended as educational tools only. TestBeforeTrade.com does not endorse or recommend any particular mechanical trading system.
RISK 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 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.
Investors must carefully consider whether they have the skill and aptitude as well as financial and psychological means to be successful trading forex before investing or trading using any mechanical trading system.
LIABILITY DISCLAIMER.
THE WEB SITE, THE SERVICE AND ANY CONTENT CONTAINED THEREIN OR ACCESSIBLE THEREFROM ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TESTBEFORETRADE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE WEB SITE AND THE SERVICE; (B) THE RESULTS OBTAINED FROM THE USE OF THE WEB SITE AND THE SERVICE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE WEB SITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, TESTBEFORETRADE.COM: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE WEB SITE, THE SERVICE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE USE OF THE WEB SITE AND THE SERVICE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING OR ACCESSING THE WEB SITE, THE SERVICE OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES SHALL TESTBEFORETRADE.COM OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION PUBLISHED ON THE WEB SITE, OBTAINED FROM THE USE OF THE SERVICE OR ANY ERRORS OR OMISSIONS OF THE WEB SITE AND THE SERVICE; (B) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING FROM ORDERS, INVESTMENT DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON THE WEB SITE OR OBTAINED FROM THE USE OF THE SERVICE; (C) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES; OR (D) ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE WEB SITE, THE SERVICE OR ANY CONTENT CONTAINED THEREON, EVEN IF TESTBEFORETRADE.COM HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEB SITE, THE SERVICE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE AND THE SERVICE.
INDEMNITY.
You agree to indemnify and hold TestBeforeTrade.com, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorney’s fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site and the Service.
JURISDICTION.
Your use of the Web Site and the Service shall be governed by all applicable laws of the Republic of Poland. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Republic of Poland and further agrees to commence any litigation which may arise hereunder in the courts located in Warsaw, Poland.
ENTIRE AGREEMENT.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
The Term of Use (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with TestBeforeTrade.com delivered in connection with any item acquired via the Site or the Service, constitutes the entire agreement between you and TestBeforeTrade.com with respect to the Site, the Service and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and TestBeforeTrade.com regarding the Site, the Service or any order you place through it.