Futures Trading Journal - Subscription Agreement

By becoming a subscriber to FuturesTradingJournal.Com you hereby agree to comply with and accept all of the terms and conditions set forth in this Subscription Agreement, as well as the terms and conditions set forth in the Privacy Policy, Website Disclaimer, and Website Terms of Use, without limitation or qualification.

General Legal Information
This Web site is for informational purposes only. None of the information contained on this Web site constitutes a solicitation, offer, opinion or recommendation by FTJ to buy or sell any securities or other financial instruments or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. FTJ is not an investment advisor or commodities trading advisor and has no referral affiliation with any broker-dealer. The subscribers utilizing our information services must provide their own brokerage service. FTJ does not endorse or recommend any broker-dealer services.

Fees and Payments
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for FTJ Web site services at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless stated in writing to the contrary, all fees and charges for unused subscription services longer than 30-days are refundable when FTJ is properly notified in writing of the user’s cancellation (letter with user’s signature) and submitted via facsimile to the fax number provided in the “Contact Us” section of the FTJ Web site. Notification of cancellation must be received by FTJ prior to the start of any 30-day subscription period. No pro-ration or rebate will be made for any subscription cancellation inside 30-days. Once a 30-day subscription has begun it is non-refundable. FTJ refunds will be made following 30-days from the completed termination date of the user’s subscription. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. If you want to use a different credit card or there is a change in credit card validity or expiration date, you must notify FTJ immediately. Failure of the subscriber’s credit card to allow negotiation of the FTJ subscription fee, when due, is grounds for FTJ termination of the user’s subscription. Subscribers are billed by credit card on a monthly basis at $1,000. This billing amount is subject to any marketing coupons or discounts provided by FTJ and negotiated by the subscriber. These discounts, when available, are issued at the sole discretion of FTJ and must be exercised under conditions specifically outlined by FTJ. All rights of exercise are reserved by FTJ.

Renewal
Your subscription will renew automatically, unless we terminate it or you notify us in writing (signature required) by facsimile as noted above. FTJ will confirm your decision to terminate your subscription via email. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Modification and Monitoring of Web Site
FTJ reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and to monitor any and all use of this Web site. Accordingly, please check the Terms of Use periodically for any changes. Your use of the Web site or any service on this Web site after the posting of such modifications will constitute your acceptance of the modified Terms of Use. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by FTJ and shall be void.

Restrictions on Use
The information provided on this Web site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FTJ or its affiliates to any registration requirement within such jurisdiction or country. You may not use this Web site for any illegal purpose or in any manner inconsistent with the Terms of Use. You agree not to use, transfer, dispose or distribute any Information on the Web site in any manner that could compete with FTJ's business. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right, or is vulgar or otherwise offensive. You may not copy, reproduce, republish, recompile, redeliver, de-compile, dis-assemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use "frame" technology on or in any other way create a mis-impression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from FTJ's Web site. Notwithstanding the foregoing, the User may download a single copy of any document for his own personal use, provided that such materials are maintained in their original form and are not redistributed to other individuals or entities without the prior written consent of FTJ.

Disclaimer of Warranty
DATA AND INFORMATION PROVIDED BY FUTURES TRADING JOURNAL, OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED BY FTJ ON AN "AS IS" BASIS. FTJ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE DATA AND INFORMATION. IN NO EVENT SHALL FTJ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA AND INFORMATION. THE SENIOR TRADER PROVIDING ENTRIES TO FTJ WILL BE A PAID CONSULTANT.

FINALLY, THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST FTJ.

Limitation of Liability
In no event shall FTJ or its third party providers be liable to you for any direct, special, indirect, consequential, loss of profits, incidental damages or any other damages of any kind even if FTJ or any other party has been advised of the possibility thereof. Any material downloaded or otherwise obtained through the use of this Web site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.

Copyright and Trademark Notices
This Web site, including but not limited to the text, content, photographs, images, video, audio and graphics contained in the Web site is protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Web site. Unauthorized use of this Web site and the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws.

The trademarks, service marks and logos (collectively, the "Trademarks") displayed on this Web site are registered and common law trademarks of FTJ and various third parties. Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of FTJ or such other party that may own the Trademarks.

Use of Links
FTJ has not developed, checked for accuracy or otherwise reviewed other Web sites linked to this Web site and is not responsible for the content of any other Web site. FTJ provides links to other Web sites solely as a convenience to its users. Your linking to any other Web site is at your own risk. By providing access to the linked Web sites, neither FTJ nor its third party providers are recommending the purchase or sale of the product(s) nor endorsing the services provided by the Web sites' sponsoring organization.

Privacy Policy
FTJ has created a privacy statement to demonstrate our firm commitment to consumer privacy. Please see our Privacy Policy Statement. All personal information is subject to the privacy statement of FUTURES TRADING JOURNAL. The information collected, regarding your credit card detail, is encrypted with 3DES 128-bit encryption technology and will be stored on a separate off-line server behind a firewall. Please be advised that it is the intention of FTJ to protect your personal information to the best of our ability.

Information Gathering
FTJ receives names, contact information and e-mail addresses only when personally submitted by users through the optional Contact page or from those who wish to become subscribers to FTJ. This information is not gathered by FTJ without users' knowing, active permission and participation. FTJ respects the privacy of its users and does not share any personally identifiable information with any third party not affiliated with FTJ. The registration forms for prospective FTJ subscribers require users to give us contact information, such as their name and email address. The subscriber's contact information is used only to contact the customer about their FTJ account. FTJ does not sell or otherwise disseminate this contact information to third parties. Credit card numbers and other financial information may also be collected by FTJ; this information is used solely for the purpose of billing subscribers for the services they have ordered.

Jurisdiction and Applicable Law
The laws of the State of New York govern the Terms of Use without regard to its conflict of law provisions. If you take legal action relating to the Terms of Use, you agree to file such action only in the federal or state courts of New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. The failure of FTJ to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws.

Headings
The section titles in the Terms of Use are used solely for your convenience and have no legal or contractual significance.

Severability
If any provision of the Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.

Entire Agreement
This constitutes the entire agreement between you and FTJ relating to the use of this Web site. You may also be subject to additional terms and conditions that may apply when you use affiliate services or third-party content.

Any rights not expressly granted herein are reserved.

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