DISCLAIMER / RISK DISCLOSURE Copyright © 2024 90TRADINGCLUB, All rights reserved. Disclosure/Disclaimer: In using any portion of 90TRADINGCLUB, you agree to the Terms and Conditions governing the use of the service as described in this Disclosure/Disclaimer. http://www.90tradingclub.com/disclaimer Our Disclosure/Disclaimer, policies and terms are subject to change without notice. Trading securities, futures and forex involves substantial risk and may not be suitable for all investors. Past performance is not necessarily indicative of future results. These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical 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 similar to these being shown. The testimonial may not be representative of the experience of other clients and the testimonial is no guarantee of future performance or success. All information provided is for educational purposes only. 90TRADINGCLUB is not an investment advisory service or a registered investment adviser or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. We may hold positions in the stocks, currencies or market instruments discussed here. 90TRADINGCLUB’s software, seminars, webinars, chart examples, videos, mentoring, emails you receive from 90TRADINGCLUB, and all content on this website are provided for informational and educational purposes only and should not be construed as investment advice. Futures, stocks, 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, stocks, commodities and forex 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, stocks, commodities or forex. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. Past performance of indicators or methodology are not necessarily indicative of present or future results. Trading forex involves substantial risk of loss. Trading forex is not appropriate for everyone. Only risk capital should be used to trade. No implication or representation is being made that utilizing the technology will guarantee trading profits or guarantee freedom from risk of loss. You understand and acknowledge that there is a high degree of risk involved in trading securities and/or currencies. 90TRADINGCLUB assumes no responsibility or liability for your trading and investment results and you agree not to hold the company liable for any monetary loss and/or damages of any kind. There is a high degree of risk in trading and you should always consult a qualified adviser about the suitability of any investment. It should not be assumed that the information presented will be profitable or that it will not result in losses. All information including performance reports and charts are based upon simulated trading and do not include slippage or commission unless otherwise stated. Care has been taken in the preparation of the information. However, we do not make any representations or warranties as to the accuracy of the information provided. Information and products provided by 90TRADINGCLUB rely on data from third party sources which may or may not be accurate and no guarantee is given to the accuracy or completeness of the data used or information provided. 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. Please note that there are additional limitations when attempting to simulate the performance of a trading system which includes short trades due to various short trading regulations and hard/impossible to borrow stocks which cannot be incorporated into the simulated performance. There is a high degree of risk in trading, and short trading can carry additional risk, so you should always consult a qualified adviser about the suitability of any investment. 90TRADINGCLUB is not an investment advisory service, nor a registered investment adviser or broker-dealer and does not purport to tell or suggest which securities, commodities, futures, options and other instruments customers should buy or sell for themselves. There is a high degree of risk in trading and you should always consult a qualified adviser about the suitability of any investment. It should not be assumed that the information presented will be profitable or that it will not result in losses. Each trade mentioned in this website or blog are hypothetical and not actual trades. 90TRADINGCLUB commentaries, trading ideas and model trades represent opinions and should not be relied upon for purposes of effecting securities transactions or other investing strategies, nor should they be construed as an offer or solicitation of an offer to sell or buy any security. You should not interpret 90TRADINGCLUB opinions as constituting investment advice. The testimonials may not be representative of the experience of other clients and the testimonials are no guarantee of future performance or success. You agree to assume all risk, indemnify and not hold 90TRADINGCLUB liable from any and all claims, losses, liabilities, costs, expenses, damages, trading losses, lost profits or any other damages, including any legal fees, potentially resulting by the use and application, whether directly or indirectly, of any of the information, products or services in any form (web-based, email-based, downloadable software, software or services) provided by 90TRADINGCLUB. You agree to assume all risk resulting from the application of any of the information, products or services provided by 90TRADINGCLUB. U.S. Government Required Disclaimer - Commodity Futures Trading Commission. Futures and options trading has 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 securities, commodities, futures, options and other instruments. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website or blog. The past performance of any trading system or methodology is not necessarily indicative of future results. 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. 90TRADINGCLUB 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 90TRADINGCLUB 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 90TRADINGCLUB that arise out of or relate to the use of the Licensed Software by Customer, or Customer's agents. Without the prior express written consent of 90TRADINGCLUB, Customer may not assign, sub-license, transfer, pledge, lease, rent or share Customer's rights, duties or obligations under this Agreement to or with any person or entity, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the respective parties, their legal representatives, successors and permitted assigns. 90TRADINGCLUB shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold 90TRADINGCLUB liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided "as is," and 90TRADINGCLUB 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. 90TRADINGCLUB 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 90TRADINGCLUB is advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of 90TRADINGCLUB shall be limited in accordance with this Agreement to the extent permitted by law. CFTC DISCLOSURE and TERMS and CONDITIONS of SALE: (1) 90TRADINGCLUB shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold 90TRADINGCLUB 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 90TRADINGCLUB 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. 90TRADINGCLUB 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 90TRADINGCLUB 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. (3) 90TRADINGCLUB 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. (4) Customer will hold harmless and indemnify 90TRADINGCLUB 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 90TRADINGCLUB that arise out of or relate to the use of the Licensed Software by Customer, or Customer's agents. 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. Unlike an actual performance record, simulated results do not represent actual trading. Also since the trades may not have 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 unforeseen events. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. Trading securities, commodities, futures, options and other instruments involves substantial risk and may not be suitable for all investors. These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Forex Risk Disclosure The National Futures Association (NFA) and CFTC (Commodity Futures Trading Commission), the regulatory agencies for the forex and futures market in the United States, require that customers be informed about potential risks in the forex market (see the information below). If you don't understand any of the information provided on this page, please contact us or seek advice from an independent financial advisor. Risk Associated with Forex Trading Off-exchange foreign currency trading on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with off-exchange foreign currency trading and seek advice from an independent financial advisor if you have any doubts. Government Required Risk Disclaimer and Disclosure Statement U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has 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 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 web site. The past performance of any trading system or methodology is not necessarily indicative of future results. The risk of loss in trading can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. If you purchase or sell securities, commodities, futures, options and other instruments you may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain your position. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice in order to maintain your position. If you do not provide the required funds within the prescribed time, your position may be liquidated at a loss, and you may be liable for any resulting deficit in your account. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market makes a "limit move." The placement of contingent orders by you, such as a "stop-loss" or "stop-limit" order, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders. This brief statement does not disclose all of the risks and other significant aspects of trading in securities, commodities, futures, options and other instruments. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in securities, commodities, futures, options and other instruments is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances. Some of the examples used are hypothetical. You may not use any of 90TRADINGCLUB trademarks, copyrighted materials, web sites, data, information, web site content, web site screenshots, online screenshots, software screenshots, backtesting, or other proprietary information and/or data without express prior written consent and approval from 90TRADINGCLUB. Upon termination of this Agreement, for any reason, you agree to destroy the Software together with all copies and modifications in any form. 90TRADINGCLUB reserves the right to increase the annual and monthly subscription fees from time to time, and to apply any new subscription fees at the time of renewal of your monthly or annual Subscription Service. This software is provided "as is," without any express or implied warranty of any kind and to be used at your own risk. The developers or company shall not be liable for damages of any kind from the use or reliance on this software. The attached indicator or trading system is intended to be used as guidelines and in no way constitute any advice or recommendation with regards to trading decisions. There are no refunds once the software is shipped and delivered. Your use of this software shall serve as your acceptance of this disclaimer and that you acknowledge that this indicator is licensed for your personal use only. The strategy, indicator and source codes remain the intellectual property of 90TRADINGCLUB and shall not be copied or shared without permission. Trading is considered a high-risk speculative strategy. Only risk capital should be used and the rigid observation of a system for loss control is strongly recommended. Additionally, the use of margin may dramatically increase the risks associated with trading. 90TRADINGCLUB makes no claims whatsoever regarding past or future performance. Past results are no indication of future performance. Any trade alert is for educational purposes only. Software User Agreement IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS OF THE SOFTWARE ("THE SOFTWARE"). BY INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE. 1 License. If you have purchased a license to the Software, 90TRADINGCLUB grants you a non­exclusive right and license to use the Software and the related documentation (the "Documentation") as set forth in this Agreement. You may use the Software on a single computer. You may make a single copy of the Software for backup and archival purposes only provided that any copy must contain all proprietary notices included in the original. You may use the Documentation to assist in your use of the Software. If you download the Software without physical delivery of Documentation, you may review the Documentation online, but you may not make further copies of the Documentation. You own the media on which the Software is recorded, but not the Software itself or any copy of it. This license is not a sale of the original or any copy of the Software. 2 Copying, Transferring or Modifying Software. The Software contains copyrighted material, trade secrets and other proprietary intellectual property. You may not permit concurrent use of the Software unless each user has an applicable license. You may not permit other individuals to use the Software except under the terms listed above. For the purposes of protecting 90TRADINGCLUB trade secrets, you may not decompile, disassemble, reverse engineer or otherwise display the Software in human readable form. You may not modify, translate, rent, lease, distribute or lend the Software, and you may not sell to others the right to use the Software on your computer. You may not remove any proprietary notices or labels on the Software. You may not copy, transfer, transmit, sublicense or assign this license or the Software except as expressly permitted in this Agreement. 3 Term. If you have purchased a license to the Software, this Agreement and license are effective from the time you accept the terms of this Agreement until this Agreement is terminated. You may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if you fail to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, you agree to destroy all copies of the Software. If you have obtained an evaluation copy of the Software, and have not purchased a license to the Software, this Agreement and license are effective for a period of thirty (30) days from the date of installation of the Software. 4 Warranty Disclaimers. THE SOFTWARE AND THE DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE AND THE DOCUMENTATION IS WITH YOU. SHOULD THE SOFTWARE OR THE DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT 90TRADINGCLUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR. 90TRADINGCLUB DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR OPERATE IN THE COMBINATION THAT YOU MAY SELECT FOR USE, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN STATEMENT BY 90TRADINGCLUBOR BY A REPRESENTATIVE OF 90TRADINGCLUB SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY. Notwithstanding the above, you may have certain warranty rights which vary from state to state and which cannot be disclaimed by contract. Any warranties that by law survive the foregoing disclaimers shall terminate ninety (90) days from the date you received the Software as shown by your receipt. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitation may not apply to you if prohibited by law. 5 Limitation of Liability. YOUR SOLE REMEDIES AND 90TRADINGCLUB’S ENTIRE LIABILITY ARE SET FORTH ABOVE. IN NO EVENT WILL 90TRADINGCLUB BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THE SOFTWARE, THE INABILITY TO USE THE SOFTWARE, OR ANY DEFECT IN THE SOFTWARE, INCLUDING ANY LOST PROFITS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL 90TRADINGCLUB’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT YOU PAID FOR THIS PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF RELIEF, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. You agree that 90TRADINGCLUB will not be liable for defense or indemnity with respect to any claim against you by any third party arising from your possession or use of the Software or the Documentation. 6 Export Control Laws. You agree to comply with all laws, rules and regulations applicable to the export of the Software or the Documentation. Specifically, you shall not export, re­-export or transship the Software or the Documentation, or the direct product thereof, in violation of any United States laws and regulations which may from time to time be applicable. None of the Software or underlying information or technology may be downloaded or otherwise exported or re­-exported (i) into any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Order. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7 Government Restricted Rights. The Software has been developed at private expense and is "commercial computer software" or "restricted computer software" within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense. Entire Agreement. This Agreement is the complete agreement between 90TRADINGCLUB and you and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. If you have any questions concerning this Agreement, you may write to 90TRADINGCLUB, Customer Service, at support@90tradingclub.com NOTE: There are no guarantees of performance or profits. While the system is capable of trading many different time frames, trading on too small of a time frame, may not be suitable as the speed of price and bar formation could cause conflicts, especially in volatile markets. It is not necessary to trade a time frame where there are hundreds of trading opportunities. I have read the Risk Disclosure/Risk Disclaimer, and I know that any trades that I make are my responsibility only. I fully understand that 90TRADINGCLUB and the 90TRADINGCLUB Auto Trader software is a tool to aide in my decisions. Any advisory or signal generated by 90TRADINGCLUB or the 90TRADINGCLUB Auto Trader software is provided for educational purposes only. It is my responsibility to take trades and manage them. Any profit or loss from the use of 90TRADINGCLUB or the 90TRADINGCLUB Auto Trader is my responsibility only. I will not hold 90TRADINGCLUB or the 90TRADINGCLUB Auto Trader responsible for any trades recommended by the software. Any decision to purchase or sell securities as a result of 90TRADINGCLUB or the 90TRADINGCLUB Auto Trader software will be the full responsibility of the person authorizing such transaction. I understand that no warranty or guarantee has been made to me by 90TRADINGCLUB or 90TRADINGCLUB Auto Trader. Customer Agreement and Risk Disclosure In consideration of 90TRADINGCLUB licensing its software to Customer pursuant to the terms of this Agreement, customer agrees and acknowledges as follows: 1. 90TRADINGCLUB hereby grants to Customer a limited, non-exclusive, non-transferable license to use the 90TRADINGCLUB software designated above ("the Licensed Software") for Customer's personal trading only. This license does not convey to Customer any interest in or to the Licensed Software, but only a limited right of use revocable by the terms of this Agreement. The Licensed Software shall be utilized by Customer only in accordance with this Agreement and shall not be de-compiled, reverse engineered, incorporated into any other software (including any source code, object code or algorithms), modified or disclosed in any form by any media to any other person or party. 2. Customer will prepay 90TRADINGCLUB its published charges for licensing the Licensed Software. The term of the license shall be the period of time for which Customer has prepaid the license fee charged by 90TRADINGCLUB for the Licensed Software. Any license fee paid is non-refundable. The license shall immediately terminate if a required payment is not paid when due. 3. 90TRADINGCLUB will provide Customer with written documentation pertaining to the Licensed Software. For Licensed Software that is leased by Customer from 90TRADINGCLUB, 90TRADINGCLUB will also provide Customer with updates of such documentation and upgrades to the Licensed Software. 4. Customer will be responsible for maintaining all equipment used by Customer in connection with the Licensed Software, and for obtaining and paying for a subscription to a data feed as a data feed is necessary in order to use the Licensed Software. 5. 90TRADINGCLUB shall not be liable for, and Customer agrees not to hold or seek to hold 90TRADINGCLUB liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided "as is," and 90TRADINGCLUB does not make any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. 90TRADINGCLUB shall not be liable to Customer for any loss, cost, damage or other injury, 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. In no event will 90TRADINGCLUB be liable to Customer for any punitive, consequential, special or similar damages even if advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of 90TRADINGCLUB shall be limited in accordance with this Agreement to the extent permitted by law. 6. 90TRADINGCLUB is not responsible for the actions of any broker, dealer, broker-dealer or other intermediary through whom Customer makes transactions pursuant to signals generated by the Licensed Software. Customer is responsible for investigating and selecting any such broker, dealer, broker-dealer or other intermediary before doing business with such person. 7. Customer understands and acknowledges that all orders for trades placed pursuant to signals or indicators generated by the Licensed Software are for the sole risk of the owners of the accounts being traded. 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. To the extent that Customer has been or will be informed of hypothetical or simulated performance results achieved by or with the Licensed Software, Customer also acknowledges the following: 8. Persons other than 90TRADINGCLUB may make statements concerning the potential risks and rewards of using the Licensed Software. Customer understands and acknowledges that 90TRADINGCLUB does not vouch for, and is not responsible for, any such statements made in advertising or otherwise by persons who are not employed by 90TRADINGCLUB. 9. 90TRADINGCLUB 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. 10. Customer will hold harmless and indemnify 90TRADINGCLUB 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 90TRADINGCLUB that arise out of or relate to the use of the Licensed Software by Customer or Customer's agents. 11. Any dispute arising out of or relating to this Agreement or the Licensed Software, or to the breach of this Agreement (other than a futures-related claim or grievance of a customer as defined in 17 C.F.R. § 180.1) shall be settled by arbitration in North Carolina administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 12. Subject to paragraph 11, any judicial proceeding arising out of or relating to this Agreement shall be brought only in courts located in North Carolina and Customer hereby consents to the personal jurisdiction of such courts for such proceedings. 13. Without the prior written consent of 90TRADINGCLUB, Customer may not assign, sub-license, transfer, pledge, lease, rent or share Customer's rights, duties or obligations under this Agreement to or with any person or entity, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the respective parties, their legal representatives, successors and permitted assigns. 14. Customer acknowledges receipt of the 90TRADINGCLUB Privacy Notice, which is posted on 90TRADINGCLUB's web site, and also agrees to receive additional and/or updated 90TRADINGCLUB Privacy Notices through postings on the 90TRADINGCLUB web site. 15. Customer understands that the monthly or annual fee will be automatically charged to Customer's account each month or year, as the case may be, until such time as Customer or 90TRADINGCLUB terminates the license in this Agreement. Customer understands that termination must be in writing, and may be sent by e-mail to support@90tradingclub.com. Customer understands that oral termination will not be accepted and that if Customer terminates prior to the end of a period for which Customer has already paid 90TRADINGCLUB's charges for the license, Customer will not receive a refund of such payment. 16. If the Licensed Software is leased by Customer from 90TRADINGCLUB, 90TRADINGCLUB may terminate the license in this Agreement at any time for any reason by giving Customer written notice of termination. If 90TRADINGCLUB voluntarily terminates the license before it would otherwise terminate, 90TRADINGCLUB will refund the corresponding pro rata portion of the charges prepaid by Customer for the period after termination. 17. If the Licensed Software is purchased by Customer from 90TRADINGCLUB, 90TRADINGCLUB may terminate the license in this Agreement upon a material breach of this Agreement by Customer that is not cured after ten days' written notice to Customer. No refund will be made by 90TRADINGCLUB to Customer if the license is so terminated. 90TRADINGCLUB hereby grants to Customer a limited, non-exclusive, non-transferable license to use the 90TRADINGCLUB software designated above ("the Licensed Software") for Customer's personal trading only. This license does not convey to Customer any interest in or to the Licensed Software, but only a limited right of use revocable by the terms of this Agreement. The License Software shall be utilized by Customer only in accordance with this Agreement and shall not be de-compiled, reverse engineered, incorporated into any other software (including any source code, object code or algorithms), modified or disclosed in any form by any media to any other person or party. 18. Customer represents and warrants the following as applicable: Customer is an individual trader, which means that Customer will use the Licensed Software only to trade Customer's personal accounts. For these purposes, a personal account is an account in the Customer's name only, or a joint account in the name of Customer and Customer's spouse. 19. Customer acknowledges receipt of the 90TRADINGCLUB Privacy Notice, which is posted on 90TRADINGCLUB's web site, and also agrees to receive additional and/or updated 90TRADINGCLUB Privacy Notices through postings on the 90TRADINGCLUB web site. TERMS OF USE Except as expressly provided otherwise in an agreement between you and 90TRADINGCLUB and all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose. 90TRADINGCLUB SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF 90TRADINGCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE. 90TRADINGCLUB (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/ OR ANY THIRD PARTY. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, 90TRADINGCLUB and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT. LIMITATION OF LIABILITY - To the maximum extent permitted by applicable law, in no event shall 90TRADINGCLUB or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT even if 90TRADINGCLUB has been advised of the possibility of such damages. In any case, 90TRADINGCLUB's entire liability under any provision of this disclaimer/risk disclosure/agreement shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $100.00. This software is provided "as is", without any express or implied warranty of any kind and to be used at your own risk. The developers or company shall not be liable for damages of any kind from the use or reliance on this software. The attached indicator or trading system is intended to be used as guidelines and in no way constitute any advice or recommendation with regards to trading decisions. There are no refunds once the software is shipped and delivered. The use or placement of any stop-loss or stop-limit orders may not limit your losses and you could lose more than your intended amount of money at risk. Past performance of any indicator, trading system or methodology is not indicative of future results. Your use of this software shall serve as your acceptance of this disclaimer and that you acknowledge that this indicator is licensed for your personal use only. The indicator and source codes remain the intellectual property of 90TRADINGCLUB and shall not be copied or shared without permission. THIS AGREEMENT is made between 90TRADINGCLUB ("Vendor") and ("Customer"). In consideration of the mutual agreements contained in this document, the parties, intending to be legally bound, agree as follows: 1. Vendor has conceived the Trading System or Indicators and hereby grants to Customer a limited, non-exclusive, non-transferable license to use the VENDOR software and intellectual property designated "the Licensed Software" (below) for Customer's personal trading only. This license does not convey to Customer any interest in or to the Licensed Software, but only a limited right of use revocable by the terms of this Agreement. The Licensed Software shall be utilized by Customer only in accordance with this Agreement and shall not be copied into any other software (including any source code, object code or algorithms), modified or disclosed in any form by any media to any other person or party. LICENSED SOFTWARE: The Licensed Software includes the any trading system or indicator(s) provided to the customer by the Vendor. The aforementioned trading system or indicators will be configured to execute on one computer owned by the customer only, unless otherwise agreed upon in writing. 2. VENDOR will provide Customer with written documentation or verbal instructions pertaining to the Licensed Software. 3. Customer will be responsible for and obtaining and paying for a subscription to a data feed, and whatever else is necessary in order to use the Licensed Software, and to obtain a working version of charting software such as or Ninja Trader. 4. VENDOR shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold VENDOR liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures and malfunctions, and other similar computer problems or defects. The Licensed Software is provided "as is" and VENDOR 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. VENDOR 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 VENDOR is advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the liability of VENDOR shall be limited in accordance with this Agreement to the extent permitted by law. 5. 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. VENDOR 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 VENDOR that arise out of or relate to the use of the Licensed Software by Customer, or Customer's agents. 8. Without the prior express written consent of VENDOR, Customer may not assign, sub-license, transfer, pledge, lease, rent or share Customer's rights, duties or obligations under this Agreement to or with any person or entity, in whole or in part. This Agreement shall be binding upon and inure to the benefit of the respective parties, their legal representatives, successors and permitted assigns. 9. Customer represents and warrants the following as applicable: Customer is an individual trader, which means that Customer will use the Licensed Software only to trade Customer's personal account. For these purposes, a personal account is in the Customer's name only, a joint account in the name of Customer and Customer's spouse, or a Trust in the name of the Customer or Customer's spouse. Customer agrees he will notify Vendor immediately if he is managing money, trading for others, offering trading related products or advice. 90TRADINGCLUB reserves the right to terminate any licensing agreement in which customer engages in any of the aforementioned activities. Professional and institutional fee structure will apply at a multiple of the individual cost for a professional and institutional license. 10. Customer acknowledges and understands that all sales are final and non refundable. LICENSE DEFINITIONS 1. "Brokers" means a licensed and participating financial trading firm. 2. "Licensee" is the party who has purchased the license to receive the Signals generated from 90TRADINGCLUB to be directed to Licensee's Brokers solely for his own personal use. 3. "Signals" includes the messages, information, and data generated by the System and generated for and in conjunction with Licensee's personal and individual use. 4. "System" is 90TRADINGCLUB's proprietary computer program which produces Signals generated by the system. The System selected by Licensee will be determined at purchase. LICENSE GRANT 1. GRANT OF LICENSE. Subject to the terms and conditions of this Agreement, 90TRADINGCLUB grants Licensee a non-exclusive, non-transferable, perpetual, independent license for his Brokers to receive the Signals upon payment of a license fee by Licensee to 90TRADINGCLUB. THE PAYMENT OF THE LICENSE FEE TO 90TRADINGCLUB IS NON-REFUNDABLE IN ALL CIRCUMSTANCES, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT. 2. SCOPE OF USE. Licensee may use the Signals with a Broker for Licensee's sole personal use. 3. USE RESTRICTIONS. Licensee is not authorized to modify, adapt, translate, or create derivative works based upon, in whole or in part the Signals received. The rights granted Licensee hereunder is restricted exclusively to Licensee. All rights not expressly granted to Licensee by this Agreement are exclusively reserved to and by 90TRADINGCLUB. LICENSEE OR LICENSEE'S BROKERS MAY NOT DISTRIBUTE, CONVEY, SELL, USE OR TRADE ANY SIGNAL OR OTHER INFORMATION GENERATED OR RECEIVED TO ANY PERSON OR GROUP. SUCH PROHIBITED GROUPS INCLUDE, BUT ARE NOT LIMITED TO, ANY POOL, FUND OR INVESTOR GROUPS, WHICH POOL FUNDS TOGETHER AND PAYS COMMISSIONS OR INCENTIVE FEES TO LICENSEE OR LICENSEE'S BROKERS. Licensee agrees not to hire or solicit any individuals currently employed by 90TRADINGCLUB or any former 90TRADINGCLUB employees for one year after their employment is terminated for any services related to the System. 1. TRANSFER OF LICENSE. The License granted to Licensee is not transferable. 2. TITLE. This Agreement grants Licensee no title or rights of ownership in the Signals. 3. LIABILITY FOR IMPROPER USE. In the event Licensee improperly uses, conveys, trades, or gives any of the Signals to any person, Licensee agrees that realized or potentially unrealized profits to 90TRADINGCLUB would be grave. Licensee agrees that in order to establish a fair and easy method of calculation of such damages, Licensee shall be liable to 90TRADINGCLUB for the payment of the then current license fee for the System for each person that Licensee allowed to use, conveyed, traded, or gave any of the Signals. 4. NO GUARANTEE OF RESULTS. The System is an automated means to analyze data concerning financial markets and to assist Licensee and Licensee's Brokers in making Licensee's investment decisions. 90TRADINGCLUB does not guarantee a particular result from the use of THE SIGNALS OR THE SYSTEM, and once PAYMENT is made there will be no refunds for the LICENSE GRANTED HEREIN EXCEPT AS RELATED TO the limited warranty contained in this Agreement. PAST PERFORMANCE OF THE SYSTEM DOES NOT GUARANTEE FUTURE RESULTS. TRADING FUTURES USING THE SYSTEM HAS A RISK OF LOSS INCLUDING ALL CAPITAL INVESTED AND ONLY RISK CAPITAL SHOULD BE USED. 1. THIRD-PARTY SERVICES NECESSARY. Licensee agrees and understands that 90TRADINGCLUB does not supply the data used by System and is not responsible for any costs Licensee may incur in order to obtain the information necessary for the System to function or for Brokers fees and/or commissions for conducting trades or positions recommended by the System. Licensee is solely responsible for any costs, fees, or expenses related to obtaining or using the Signals. WARRANTY, INDEMNITY, AND LIABILITY LIMITED WARRANTY 90TRADINGCLUB warrants to Licensee that for a period of one (1) year from delivery of the System by 90TRADINGCLUB (the "Warranty Period"), the unmodified System will be capable of operating substantially in conformance with the user documentation and release notes in effect at the time of the granting of the License. If, during the Warranty Period, it is determined that the System does not operate according to such specifications due 90TRADINGCLUB’ fault, 90TRADINGCLUB will undertake good faith efforts to cure the nonconformity. Licensee's only remedy in the event of nonconformity in the System, or for breach of any warranty is a refund of Licensee's fees paid to 90TRADINGCLUB. This limited warranty is only applicable to the extent the System does not generate any Signals that can be used for the evaluation of making trades through Licensee Brokers and does not apply to the performance of the System or any results achieved by Licensee in using the System. Licensee accepts the System "AS IS, WHERE IS" and Licensee assumes all risk as to the quality and performance of the System and the Signals generated by the System. EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, 90TRADINGCLUB MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING AND WITHOUT LIMITATION, THE CONDITION OF THE PRODUCT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. DISCLAIMER OF LIABILITY. LICENSEE AGREES THAT 90TRADINGCLUB, ITS DIRECTORS, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, ARISING FROM OR RELATED TO A BREACH OF THIS AGREEMENT OR ANY ORDER OR THE OPERATION OR USE OF THE SYSTEM AND/OR SIGNALS INCLUDING SUCH DAMAGES, WITHOUT LIMITATION, AS DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST LICENSEE BY ANY THIRD PERSON, EVEN IF 90TRADINGCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY 90TRADINGCLUB TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT DUE TO ANY CAUSE BEYOND 90TRADINGCLUB 'S REASONABLE CONTROL; (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST 90TRADINGCLUB MORE THAN TWO YEARS AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE; OR (D) ANY CLAIMS ARISING FROM OR RELATED TO AN ERROR OR OMISSION OF LICENSEE'S BROKER INCLUDING THE FAILURE TO MAKE A TRADE, MAKING THE WRONG TRADE OR IMPROPER USE OF THE SYSTEM IN MAKING A TRADE OR NOT MAKING A TRADE. LIMITATIONS OF 90TRADINGCLUB 'S LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT 90TRADINGCLUB’ LIABILITIES UNDER THIS AGREEMENT, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY 90TRADINGCLUB UNDER THIS AGREEMENT FOR THE SYSTEM. TERMINATION 1. TERMINATION BY 90TRADINGCLUB. 90TRADINGCLUB has the right to terminate this Agreement without further obligation or liability if Licensee commits a breach of this Agreement. In the event of a breach of this Agreement, 90TRADINGCLUB, at its discretion, may provide Licensee an opportunity to cure such breach. 2. LIQUIDATION OF 90TRADINGCLUB. If 90TRADINGCLUB is liquidated, dissolved, or ceases to carry on business on a regular basis as pertains to the System licensed by 90TRADINGCLUB and 90TRADINGCLUB's obligations under this Agreement are not assumed by a successor or assignee, this Agreement may be terminated by Licensee with thirty (30) days written notice by Licensee. In such event, 90TRADINGCLUB will provide Licensee the latest working version of the System for operation on a NinjaTrader platform. 3. DISPOSITION OF SOFTWARE ON TERMINATION. Upon termination of this Agreement or cancellation of the license hereunder for any reason, the license and all other rights granted to Licensee shall cease allowing 90TRADINGCLUB the right to disable the System through any legal means available including notifying Licensee's Brokers of such termination and directing Brokers to cease using the System for the benefit of Licensee. GENERAL PROVISIONS GOVERNING LAW This Agreement shall be governed by the laws of the State of North Carolina, without reference to any conflict of law. If any provisions of the Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall continue in full force and effect. Licensee agrees and acknowledges that 90TRADINGCLUB provides the System from North Carolina, United States of America and that all transactions surrounding the issuance of the license and the provision of the System are conducted by 90TRADINGCLUB from its office. Based upon those standards, Licensee consents to exclusive jurisdiction and venue in the federal and state courts of North Carolina. The parties agree that, in the event that the Uniform Computer Information Transaction Act, any version thereof or a substantially similar law (collectively "UCITA") is enacted as to be applicable to a party's performance under the Agreement and this Addendum, said statute shall not govern any aspect of the Agreement and this Addendum, any license granted hereunder, nor any of the parties' rights and obligations arising pursuant to the Agreement and this Addendum. The applicable law shall be the law as it existed prior to the enactment of UCITA. The parties agree that this contract is not a contract for the sale of goods; therefore, this Agreement shall not be governed by any codification of Article 2 or 2A of the Uniform Commercial Code, or any codification of the Uniform Computer Information Technology Act ("UCITA"), or any references to the United National Convention on Contracts for the International Sale of Goods. DISPUTE RESOLUTION. If Licensee and 90TRADINGCLUB cannot settle a claim, dispute or controversy that arises from or relates to this Agreement, both parties agree to initially submit any and all such claims, disputes, and controversies to mediation, using one or more third party neutrals. Licensee and 90TRADINGCLUB further agree to suspend any applicable statute of limitations during the period of mediation-related discussions. All negotiations and discussions held pursuant to this provision shall be treated as confidential and as compromise and settlement discussions for purposes of applicable rules of evidence. ARBITRATION Licensee and 90TRADINGCLUB agree to submit any claim or dispute arising from or related to this Agreement not resolved through dispute resolution above to binding arbitration with American Arbitration Association ("AAA") pursuant to the AAA rules for Intellectual Property. The Arbitration shall be conducted by one arbitrator and shall be final and binding upon both Licensee and 90TRADINGCLUB. The arbitrator may not award either Licensee or 90TRADINGCLUB attorney fees or expenses related to bringing an arbitration pursuant to a claim or dispute of this Agreement. Provided however each party shall retain the right to seek injunctive relief with a court of competent jurisdiction for violations of this Agreement that meet the standard for a temporary restraining order as provided for pursuant to North Carolina law. Any arbitration hearing shall be conducted in North Carolina. EXPORT LAW CONTROLS; EXPORT ASSURANCE DECLARATION. (a) Licensee agrees to comply with all export and re-export restrictions and regulations imposed by the governments of the United States or the country to which the System is made available to Licensee. Licensee will not commit any act or omission that will result in a breach of any such export requirements. This section shall survive the expiration or termination of the license or this Agreement. (b) Licensee acknowledges that (i) 90TRADINGCLUB System may contain routines that implement the U.S. Government Data Encryption Standard ("DES") and (ii) that export of DES technology is controlled by agencies of the U.S. Government. Licensee will not export, re-export or re-license for export any System until and unless Licensee has complied in all respects with all export and re-export restrictions of the USA and the country to which the System is provided. Licensee further agrees that the System will not be transferred or re-licensed for export if Licensee knows or suspects that the System will be exported in violation of such restrictions. Licensee further certifies that the System will not be re-exported to countries included in prohibited Country Groups of the U.S. Export Administration Regulations, or delivered to national citizens of these countries, or to any person or group as currently listed under such regulations. You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line. In consideration of your use of 90TRADINGCLUB or any service/product that 90TRADINGCLUB provides, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service. You agree to hold www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides harmless for any act resulting directly or indirectly from this site, it data, content, materials, associated pages and documents. Because the nature of the software requires it to be saved to the hard drive of your computer, we are not able to make these products refundable This is a legal agreement between you and www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides. By using the about-to-be-installed software you are agreeing to be bound by the terms of this License Agreement. 1. LICENSE GRANT. www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides grants you a license to use one copy of the version of this software or indicators on any one hardware product for as many licenses as you purchase. "You" means the company, entity or individual whose funds are used to pay the license fee. "Use" means storing, loading, installing, executing or displaying the software. If you install the software onto a multi-user platform or network, each and every individual user of the software must be licensed separately or be covered by a site license. You may not modify the software or disable any licensing or control features of the software except as an intended part of the software's features. This license is not transferable to any other hardware product or other company, entity, or individual. Any use of the software which is illegal under international or local law is forbidden by this license. Any such action is the sole responsibility of the person committing the action. 2. OWNERSHIP. The software is owned and copyrighted by hold www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides. Your license confers no title or ownership in the software and should not be construed as a sale of any right in the software. 3. COPYRIGHT. The software is protected by international copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the software is transferred to you. You further acknowledge that title and full ownership rights to the software will remain the exclusive property of hold www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides and you will not acquire any rights to the software except as expressly set forth in this license. 4. RESTRICTIONS. You may not sublicense, rent, lease, resell for profit or otherwise dispose of the software without our written permission. You may not grant a security interest in, or otherwise transfer rights to the software. You may not remove any proprietary notices or labels on the software. Usage of the software may violate the copyright of the modified material. It is your responsibility to respect all legal aspects. 5. DISCLAIMER OF WARRANTY. This software and the accompanying files are provided on an "as is" basis and you assume full responsibility for determining the suitability of the software and for results obtained. www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides disclaims all warranties relating to this software, whether expressed or implied, including but not limited to any implied warranties of merchantability, free of defects, fitness for a particular purpose and non-infringement of third party rights. Neither www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides nor anyone else who has been involved in the creation production or delivery of this software or indicators shall be liable for any indirect, consequential, special or incidental damages (including, without limitations, damages for loss of business information, data loss or any other pecuniary loss) arising out of the use or inability to use such software, even if www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides has been advised of the possibility of such damages or claims. The person using the software bears all risk as to the quality and performance of the software. Should the software prove defective in any respect, you and not www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides or its suppliers assume the entire cost of any service and repair. Some jurisdictions do not allow limitation or exclusion of incidental or consequential damages, so the above limitations or exclusion may not apply to you to the extent that liability is by law incapable of exclusion or restriction. In no event shall any theory of liability exceed the license fee paid to www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides. 6. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license. 7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides or its suppliers be liable to you for any consequential special or incidental or indirect damages of any kind arising out of the delivery, performance or use of the software, even if www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides has been advised of the possibility of such damages. In no event will www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides liability for any claim, whether in contract, tort or any other theory of liability, exceed the license fee paid by you, if any. www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides shall have no obligation to you with respect to any claim of infringement based upon your use of the software in combination, operation or otherwise with the data or materials not supplied by www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides. 8. TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the software. 9. ENTIRE AGREEMENT. This is the entire agreement between you and www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides which supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this license. 10. RESERVED RIGHTS. All rights not expressly granted here are reserved to www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides and/or the respective authors. PLEASE READ THE FOLLOWING SUBSCRIBER AGREEMENT CAREFULLY, IT LIMITS AND WAIVES CERTAIN LEGAL RIGHTS: 90TRADINGCLUB SUBSCRIBER AGREEMENT This 90TRADINGCLUB SUBSCRIBER AGREEMENT (AGREEMENT) is a binding legal agreement between 90TRADINGCLUB, LLC (90TRADINGCLUB) AND You (YOU OR YOUR), the individual user who has downloaded, INSTALLED OR ACCESSED ANY 90TRADINGCLUB software (THE SOFTWARE) USED IN CONNECTION WITH 90TRADINGCLUB'S SUBSCRIPTION-BASED COMPUTERIZED SERVICE (THE SUBSCRIPTION SERVICE.) OR FOR USE IN CONNECTION WITH ANY TRIAL OF THE SOFTWARE OR SUBSCRIPTION SERVICE. All subscriptions are governed by this agreement under the same terms and conditions as the subscription service; therefore, the words in this agreement also include subscription or trial periods. The terms and conditions of this agreement govern the use of the software AND subscription SERVICE. Please review these terms and conditions carefully before DOWNLOADING, installing or using any PART OR PORTION of the SOFTWARE OR SUBSCRIPTION SERVICE. FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF which is hereby acknowledged, you agree to the following terms and conditions: 1. Grant of License 1.1 In consideration for the annual or monthly service fees paid by You, during the Term of Your Subscription Service, and/or for other good and valuable consideration, 90TRADINGCLUB grants You a single, non-exclusive, non-transferable, non-sub licensable, and limited personal non-commercial license to access and use the Software and to receive any data and information provided by the Subscription Service. You may choose a user name and password for your exclusive use. You agree to provide true, accurate, current and complete information about yourself. You may download one (1) copy of the Software on any single piece of hardware equipment for personal non-commercial use only. Any copy or portion of the Software or Subscription Service You access may only be accessed by you personally, via your personal user name and password. 1.2 You shall NOT: A. Use, copy, modify or transfer the Software or any data or information provided by the Subscription Service, in whole or in part, including screen shots, except as provided in Section 1.1 above or without written permission from 90TRADINGCLUB; B. Decompile, disassemble or reverse engineer or otherwise attempt to derive or interfere with the code for the Software; C. Adapt, alter, or create derivative works based on the Software or Help File or any data or information provided by the Subscription Service, without written permission from 90TRADINGCLUB; D. Use the Software or any data or information provided by the Subscription Service, on any service bureau or simultaneously on more than one (1) workstation in any interactive cable, wireless, or other network of single user computers; E. Sell, rent, lend, or lease the Software or your user name or password, or any data or information provided by the Subscription Service, to or from another party; F. Use the Software or Subscription Service for non-personal, commercial purposes; G. Display, perform, or publish the Software or any data or information provided by the Subscription Service, or any portion thereof, including results of the 90TRADINGCLUB stock analysis, either publicly or to a third party, without written permission from 90TRADINGCLUB; H. Display, perform, or publish any results of benchmark tests run on the Software, or on any data or information provided by the Subscription Service, either publicly or to a third party, without prior and express written permission from 90TRADINGCLUB; and I. Obscure, alter, replace, or remove any trademarks, copyrights or other intellectual property notices on or associated with the Software, the Subscription Service, or any 90TRADINGCLUB web sites. 2. Term and Termination 2.1 This Agreement shall commence upon first installation, download, copy, or use of the Software or Subscription Service by You, whether the Software is provided as a trial copy, as a fully licensed version, or any other form. Your use of any form, part, or portion of the Software or Subscription Service, whether temporary or not, is considered acceptance of this Agreement in its entirety. 2.2 90TRADINGCLUB reserves the right to increase the annual and monthly subscription fees from time to time, and to apply any new subscription fees at the time of renewal of your monthly or annual Subscription Service. Limitation AND WAIVER of Liability IN NO EVENT WILL 90TRADINGCLUB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SOFTWARE, SUBSCRIPTION SERVICE, 90TRADINGCLUB WEBSITES, DATA, INFORMATION OR RELATED PRODUCTS OR SERVICES PROVIDED BY 90TRADINGCLUB OR ITS EMPLOYEES OR AGENTS, EVEN IF WE ARE SOLELY NEGLIGENT. 90TRADINGCLUB SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF 90TRADINGCLUB HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (i) THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUBSCRIPTION SERVICE; (ii) THE ACCURACY OF ANY DATA RELATED TO OR PROVIDED IN ASSOCIATION WITH THE SOFTWARE OR SUBSCRIPTION SERVICE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY 90TRADINGCLUB'S OWN NEGLIGENCE; (iii) ANY INVESTMENT OR TRADING ADVICE PROVIDED BY 90TRADINGCLUB EMPLOYEES OR AGENTS; (iv) THE COST OF GETTING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR IN RELIANCE UPON 90TRADINGCLUB, THE SOFTWARE, OR THE SUBSCRIPTION SERVICE; OR (v) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO THE SOFTWARE, SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES. ALTHOUGH 90TRADINGCLUB TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITES AND THROUGH ITS SOFTWARE, THERE MAY FROM TIME TO TIME BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, AS WELL AS DATA AND INFORMATIONAL ERRORS. 90TRADINGCLUB RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME TO ANY ERRORS, WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. 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Any notice or other communication required or permitted hereunder shall be given in writing either electronically or hard copy to the other party at the address (electronic or otherwise) provided by a party or at such address as designated by a party. Notices to 90TRADINGCLUB may be directed as identified on the following website: http://www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides. 4. PRESS RELEASES. 90TRADINGCLUB reserves the right to announce the inclusion of Licensee as a customer of 90TRADINGCLUB in a press release that 90TRADINGCLUB will draft and distribute to 90TRADINGCLUB's media contact database only upon the prior review and approval of content by Licensee. 90TRADINGCLUB further reserves the right to develop case studies and/or other media relations documents that may include such details as approved by Licensee prior to any release. 5. SUCCESSORS AND ASSIGNS. All terms and provisions of this Agreement shall be binding upon and inure for the benefit of the parties hereto, and their successors and assigns and legal representatives, except that Licensee may not assign this Agreement nor any right granted hereunder, in whole or in part without 90TRADINGCLUB's prior written consent. For purposes of this Agreement, assignment shall apply to change of control by and of Licensee. 6. BENEFICIARY. 90TRADINGCLUB's licensors of software included in the System are direct and intended third party beneficiaries of this Agreement and may enforce this Agreement directly against Licensee. 7. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein, superseding all previous agreements pertaining to such subject matter. All prior agreements, representations, warranties, statements, negotiations, understandings, and undertakings are superseded hereby and Licensee hereby represents and acknowledges that in entering into this Agreement it did not rely on any representations or warranties other than those explicitly set forth in this Agreement. Both parties hereto represent that they have read this Agreement, understand it, agree to be bound by all terms and conditions stated herein, and acknowledge receipt of a signed, true, and exact copy of this Agreement. 8. AMENDMENT. Licensee acknowledges and agrees that 90TRADINGCLUB may modify or amend this Agreement from time to time 90TRADINGCLUB will deliver any modification, amendment or correction to this Agreement to Licensee who upon acceptance of such terms will be bound by those terms as of the date of such modification, amendment or correction and such modification, amendment or correction shall be retroactive to the first date of this Agreement, unless otherwise set forth in the Agreement. If Licensee should choose not to accept such modification, amendment or correction, then this Agreement shall terminate without notice and 90TRADINGCLUB shall have the right to disable or otherwise inhibit Licensee's continued use of the System. ACKNOWLEDGEMENTS Licensee acknowledges and agrees that 90TRADINGCLUB has informed Licensee that trading future contracts carries a high level of risk and is not suitable for all investors. Before deciding to trade commodities Licensee agree to carefully consider his investment objectives, level of experience and appetite for risk. Licensee acknowledges that he could experience a loss of some, a significant portion or all of Licensee's initial investment and Licensee agrees that Licensee will not invest money that Licensee cannot afford to lose. Licensee acknowledges that the use of margin accounts also greatly increase risks. Licensee acknowledges and understands that margin requirements fluctuate and Licensee is responsible for knowing Licensee's current margin levels through Licensee's brokerage. Historically most position trading programs can have maximum drawdown's that are equal to or exceed minimum margin required to trade. Two to Three times the minimum capital in a portfolio will be needed to system trade should such a draw down in equity occur at the onset of trading. Licensee agrees to review all historical maximum drawdown's and equity curves in order for Licensee to make educated decisions regarding Licensee's financial ability to withstand such a draw down in equity. Licensee acknowledges and agrees that 90TRADINGCLUB has informed Licensee that Past performance does not guarantee future results. Trading futures has a risk of loss and only risk capital should be used. Licensee acknowledges and understands that: 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. All works included within 90TRADINGCLUB are offered as educational material. That includes (but not limited to) opinions via buying, selling and/or holding various securities. 90TRADINGCLUB is purely an educational and entertainment service. All materials and opinions offered and expressed must be considered by you the consumer as educational or entertainment only. 90TRADINGCLUB (and publishing's) is not registered as an investment adviser. Rather, 90TRADINGCLUB relies upon the "publisher's exclusion" from the definition of "investment adviser" as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. Our services are bona fide publication of general and regular circulation offering impersonalized investment-related education to subscribers and/or prospective subscribers (e.g., not tailored to the specific investment needs of any individual current and/or prospective subscribers). 90TRADINGCLUB services are currently limited to the dissemination of impersonal investment-related information together with access to additional impersonal investment-related information and links. Publication on the Internet should not be construed by any subscriber and/or prospective subscriber as solicitation to effect, or attempt to effect transactions in securities over the Internet. 90TRADINGCLUB does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to the Site or incorporated therein, and takes no responsibility thereafter. All such information is provided solely for convenience purposes only, and all users thereof should be guided accordingly. Information provided by 90TRADINGCLUB is obtained from sources believed reliable but not guaranteed as to accuracy or completeness. Purchasers of 90TRADINGCLUB offerings or any other persons who buy, sell or hold securities should do so with caution and consult with a broker or investment adviser before doing so. At various times the publishers and employees of 90TRADINGCLUB may own, buy or sell the securities discussed for purposes of investment or trading. 90TRADINGCLUB and its publishers, owners and agents are not liable for any losses or damages (monetary or otherwise) that result from the content of products or service. Securities, commodities, futures, options and other instruments discussed by 90TRADINGCLUB should be considered speculative and contain a high degree of volatility and risk. Trading any and all securities and options involves risk. Prior to buying or selling an option each investor must receive a copy of Characteristics and Risks of Standardized Options. Investors need a broker to trade securities and options and must meet suitability requirements. Past results are not necessarily indicative of future performance. Performance figures are based on hypothetical/estimated calculations. Due to the time critical nature of stock, options or futures trading, brokerage fees and the activity of other subscribers, 90TRADINGCLUB cannot guarantee nor implies that subscribers will mirror the performance stated on our promotions. Performance numbers shown are based on trades that subscribers could potentially enter via our educational guidelines. All results posted are assumed to be hypothetical, based on price action when the data was published. 90TRADINGCLUB cannot guarantee that any person bought or sold the actual security for the prices listed on the Web Site or any part of the entire service offered. Prices listed are for reference only and are in no way intended to represent an actual trade, entry price or exit price. Information contained and/or offered is provided for general informational purposes as a convenience to members and viewers of 90TRADINGCLUB service(s). These materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor(s) for more complete and current information. 90TRADINGCLUB is not engaged in rendering any legal or professional services by placing these general informational materials in part or entirety. 90TRADINGCLUB specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of any product/service even if 90TRADINGCLUB has been advised of the possibility of such damages including liability in connection with mistakes or omissions in, or delays in transmission of information to or from the user, interruptions in telecommunications connections to the site or viruses. 90TRADINGCLUB is the copyright owner of all text and graphics contained in all products and services offered thru this website, except as otherwise indicated. Other parties' trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website without prior written permission of 90TRADINGCLUB. No reproduction or any retransmission of any kind is permitted, without exception. All material is for personal, private use: any & all commercial activity involving 90TRADINGCLUB copyrighted methods or material is strictly prohibited. The use or reproduction of material for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. Violators will be aggressively prosecuted to the maximum extent possible. REDISTRIBUTION of the 90TRADINGCLUB complete and overall service or information contained therein without written consent of the publishers of 90TRADINGCLUB product(s)/service(s) is STRICTLY PROHIBITED. Copying and/or electronic transmission of the website, content or any material is a violation of copyright law. Violation of any copyright and/or privacy policy of 90TRADINGCLUB product or service, (including but not limited to) www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB offers will automatically terminate all client/membership rights. Said termination of client/membership rights due to violation of legal policy does not include any full or partial refunds due for product, service or subscription purchases. PRIVACY STATEMENT 90TRADINGCLUB provides this privacy statement in order to demonstrate our firm commitment to privacy. Your privacy is of the utmost importance to us and we want your online experience to be fulfilling and safe. Producer of this website and services makes the following disclosures of our information gathering and dissemination practices: 1. Information 90TRADINGCLUB Gathers 90TRADINGCLUB does not gather contact information from our users. No email addresses are gleaned or collected for any promotions in-house or third party, period. 2. Links To Other Sites Our service may contain links to other sites. www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides is not responsible for the privacy practices or the content of other websites. 3. Security Procedures 90TRADINGCLUB uses industry standard 128-bit encryption link for credit card acceptance over the Web. 4. Refund Policy Due to the nature of our educational material, 90TRADINGCLUB will not accept or honor refunds. 90TRADINGCLUB will fulfill customer obligation by delivering the product or service to the consumer under parameters described within here for the duration of purchase period. 5. 90TRADINGCLUB To Modify Service Package 90TRADINGCLUB reserves all right to change the educational package in format, price or service in any manner. Such change will not result in a reduction of an educational package purchased prior to any future change. 6. Right To Limit Services At any point in time, 90TRADINGCLUB reserves the right to refuse or terminate service to any prior, existing or prospective client for any reason at our sole discretion. Trading any financial market(s) involves high risk. You can lose a significant amount of money, in some cases more than initial balance of the account. Trading financial markets is not suitable for many investors. Any performance results listed in all marketing materials represents simulated computer results over past historical data, and not the results of an actual account. All opinions expressed anywhere on this website are only opinions of the author. The information contained here was gathered from sources deemed reliable, however, no claim is made as to its accuracy or content. Different testing platforms can produce slightly different results. Our systems are only recommended for well-capitalized and experienced traders. 90TRADINGCLUB is not a registered investment advisor, broker/dealer or an investment advisory service. All products and/or services offered by our company are for educational, entertainment and informational purposes only. The information contained in this site has been compiled in good faith. In using this information, the user agrees that the author and any/all other individuals or entities associated with any of this material or site shall not be liable for any direct or indirect, consequential loss arising from this usage, or for the use of information and material on the Internet via web links from this site including, but not limited to errors, omissions, defects, interruptions, delays in operation, or transmission, computer viruses, or line failure, to the maximum extent permitted by law. Please note that trading is a risky business. You may lose your entire investment capital and more. All results provided by www.90tradingclub.com, 90TRADINGCLUB LLC or any service/product that 90TRADINGCLUB provides, its services, and materials are to be strictly assumed to be hypothetical results based on observed price action occurring at or before the time that the data was published by 90TRADINGCLUB. No actual trades are claimed to have been made, even if the wording sounds like actual trades were made. 90TRADINGCLUB does not in any way state, or in any way guarantee, that any person actually bought or sold, or could have bought or sold, the actual issues for the prices listed in any of the products, services, and materials, or even at prices close to the prices listed. The prices listed are for reference and comparative purposes only, and such prices are in no way intended to represent an actual entry price or an actual exit price. 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. All of this can adversely affect actual trading results. There is risk of loss in all trading. Past performance is not indicative of future results. All trading, including equities, futures, options and foreign currencies, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in any of our products, services or website should be done only with the knowledge that you could experience significant losses. Users of our products, services and website are advised to do their own due diligence when it comes to making trading decisions. Use caution and seek the advice of qualified professionals. Check with your financial advisor, accountant or attorney before acting on this or any information. The information presented herein should be carefully considered and evaluated with regard to whether it should be relied upon before reaching a business decision. Your use of this software shall serve as your acceptance of this disclaimer and that you acknowledge that this indicator is licensed for your personal use only. The indicator and source codes remain the intellectual property of 90TRADINGCLUB and shall not be copied or shared without permission. Our track records are utilized as a "model" to present a general idea of how our research and specific picks have fared since the inception of our service and in various market conditions. However, we are in no way representing that similar results will be achieved by following our strategies and picks. In addition, we include as part of our disclaimer information that is required by the NFA in reference to back-tested trading systems as well as hypothetical track records, which is as follows: Education, Not Recommendations 90TRADINGCLUB publishes information that is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, commodities, futures, options and other instruments. Trading of securities, commodities, futures, options and other instruments may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money. We at 90TRADINGCLUB are not Financial Advisors or Registered Analysts. We do not offer our various model portfolios as trading recommendations for you to copy. These models may represent our own accounts and/or opinions and are intended to teach our style of short-term trading. It is up to you to make your own decisions as what you want to do with your own portfolio. We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. However, we believe our successes more than make up for our mistakes, and will continue to offer our education until proven otherwise. Observe our mistakes and utilize these lessons in your own trading programs. Trading of securities, commodities, futures, options and other instruments may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading securities, commodities, futures, options and other instruments, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling securities, commodities, futures, options and other instruments, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments. By accepting this disclaimer you are acknowledging the risks involved in trading stock, options and futures markets and are also acknowledging that you, the subscriber, and not 90TRADINGCLUB are solely responsible for any losses, financial or otherwise, as a result of using this service. 90TRADINGCLUB shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages. You also agree that 90TRADINGCLUB will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our website, blog or any other medium used by 90TRADINGCLUB. You agree to hold 90TRADINGCLUB harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages and documents. Employees of 90TRADINGCLUB may or may not have positions in the educational picks posted to the site through its newsletters or in the trading rooms. Purchase agreement/End User License Agreement: Purchaser of any 90TRADINGCLUB product, software, live trading room subscription or any other product/service that 90TRADINGCLUB offers hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue. All sales are final for all products and services. Purchaser may not resale this or any 90TRADINGCLUB product or service via eBay, any other online auction site, nor any online classified forum nor any other resale venue of any kind. If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy our buys and sells, you are doing so at your own risk. We're not recommending that anyone copy us, and believe that all investors should make their own decisions. We are here to teach by example, through our successes and mistakes. Failure to abide by these rules can result in immediate termination of access to 90TRADINGCLUB, without refund or recourse. Copyright and Trademark Law All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of 90TRADINGCLUB, which reserves all rights. Limitation of Liability 90TRADINGCLUB PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE "AS IS" WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT 90TRADINGCLUB SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE 90TRADINGCLUB FORUM AND TRADING ROOMS AND THAT YOUR USE OF THE 90TRADINGCLUB FORUM AND TRADING ROOMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE 90TRADINGCLUB FORUM AND TRADING ROOMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. 90TRADINGCLUB DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL 90TRADINGCLUB, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF 90TRADINGCLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW. All information including performance reports and charts are based upon simulated trading and do not include slippage or commission unless otherwise stated. However, we do not make any representations or warranties as to the accuracy of the information provided. Information and products provided by 90TRADINGCLUB rely on data from third party sources which may or may not be accurate and no guarantee is given to the accuracy or completeness of the data used or information provided. Please note that there are additional limitations when attempting to simulate the performance of a trading system which includes short trades due to various short trading regulations and hard/impossible to borrow stocks which cannot be incorporated into the simulated performance. There is a high degree of risk in trading and trading can carry additional risk, so you should always consult a qualified adviser about the suitability of any investment. Acceptance By clicking any of the "Subscribe" buttons located on our website or http://www.90tradingclub.com, YOU acknowledge that You have read and understood this Agreement's terms and conditions, the disclaimers, the waivers of Your legal rights and You understand the responsibilities and obligations this Agreement places on You, and that You agree to be legally bound by all the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT SUBSCRIBE, PURCHASE, LEASE, INSTALL, DOWNLOAD, USE, OR OTHERWISE ACCESS THE SOFTWARE, THE SUBSCRIPTION SERVICE, ANY 90TRADINGCLUB WEB SITE, OR ANY RELATED PRODUCTS OR SERVICES. I HAVE READ AND UNDERSTAND THE SUBSCRIBER AGREEMENT, AND AGREE TO AND ACCEPT THE TERMS AND CONDITIONS, DISCLAIMERS, AND WAIVERS OF LEGAL RIGHTS, AS SET FORTH THEREIN. YOU ACCEPT THE TERMS AND CONDITIONS ABOVE. PLEASE READ THEM CAREFULLY, THEY AFFECT YOUR RIGHTS AND OBLIGATIONS.