VANTAGEPOINT IS A TOOL AND NOT A TRADING SYSTEM THAT GIVES SPECIFIC BUY AND SELL TRADING SIGNALS OR RECOMMENDATIONS. INSTEAD, IT IS A TECHNICAL ANALYSIS TOOL THAT PROVIDES ITS USERS WITH A PROPRIETARY METHOD OF ANALYZING THE MARKETS. ALL ACCURACY STATISTICS MENTIONED ABOVE RELATE TO THE NEURAL INDEX. A STATISTICAL ACCURACY OF 80% DOES NOT TRANSLATE TO A PRESUMPTION THAT 8 OUT OF 10 TRADES WILL BE “WINNING” TRADES.
THE NEURAL INDEX PREDICTS WHETHER THE AVERAGE OF TOMORROW’S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY AFTER TOMORROW (BOTH UNKNOWNS AT THIS TIME) WILL BE HIGHER OR LOWER THAN THE AVERAGE OF YESTERDAY’S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY BEFORE YESTERDAY. THIS GIVES THE EXPECTED TREND DIRECTION FOR EACH MARKET OVER THE NEXT TWO DAYS.
WITH THIS INFORMATION ON THE NEURAL INDEX VALUE PLUS OTHER INFORMATION GENERATED BY VANTAGEPOINT (AS WELL AS ALL OTHER INFORMATION AVAILABLE TO EACH VANTAGEPOINT USER) IT IS EACH USER’S RESPONSIBILITY TO DETERMINE HIS OR HER OWN SPECIFIC ENTRIES, EXITS AND STOP PLACEMENTS, WHICH MAY VARY FROM THOSE OF OTHER TRADERS DUE TO INDIVIDUAL DIFFERENCES IN TRADING STYLE, FINANCIAL MARKET EXPERIENCE, TRADING EXPERTISE, FINANCIAL AND ECONOMIC OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, ACCOUNT SIZE AND NUMBER OF CONTRACTS TRADED, THEREBY PRODUCING DIFFERENT TRADING RESULTS FROM ONE TRADER TO ANOTHER.
MARKET TECHNOLOGIES, LLC STAFF ARE IN DAILY CONTACT WITH TRADERS, WHO EITHER REQUEST INFORMATION ABOUT MARKET TECHNOLOGIES, LLC, INTERMARKET ANALYSIS AND VANTAGEPOINT, OR WHO EXPRESS AN INTEREST IN INTERMARKET ANALYSIS OR VANTAGEPOINT WHEN CONTACTED BY MARKET TECHNOLOGIES, LLC STAFF. TELEPHONE CALLS AND CONVERSATIONS WITH MARKET TECHNOLOGIES’ STAFF MAY BE MONITORED OR RECORDED FOR TRAINING AND QUALITY ASSURANCE PURPOSES. MARKET TECHNOLOGIES, LLC MAY GIVE PRODUCT CREDITS/REBATES OR PAY FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, TO CUSTOMERS OR OTHERS, INCLUDING DATA VENDORS; COMPETITORS; AUTHORS/WRITERS OF REVIEWS AND/OR PROMOTIONAL OR TECHNICAL ARTICLES MENTIONING, HIGHLIGHTING OR PROMOTING THE SERVICES AND PRODUCTS OFFERED BY MARKET TECHNOLOGIES, LLC; OTHERS WHO ASSIST IT WITH PROSPECTIVE CUSTOMERS BECOMING CUSTOMERS; AND OTHERS WHO PROVIDE MARKET TECHNOLOGIES, LLC WITH “LEADS” OR NAMES OF PERSONS OR TRADERS WHO SUBSEQUENTLY BECOME CUSTOMERS OF MARKET TECHNOLOGIES, LLC. TRADINGEDUCATION.COM, LLC IS AFFILIATED THROUGH COMMON OWNERSHIP WITH MARKET TECHNOLOGIES, LLC. ALL DETERMINATIONS BY MARKET TECHNOLOGIES, LLC CONCERNING PRODUCT CREDITS/REBATES OR FEES PAID BY MARKET TECHNOLOGIES, LLC ARE FINAL AND WITHIN ITS SOLE DISCRETION. MARKET TECHNOLOGIES, LLC MAY RECEIVE PRODUCT CREDITS/REBATES OR FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, FROM OTHERS, INCLUDING DATA VENDORS, COMPETITORS, AND OTHER ENTITIES WITHIN THE FINANCIAL INDUSTRY OR NOT, WHO PROMOTE PRODUCTS AND SERVICES WHICH MAY BE OF INTEREST AND BENEFIT TO MARKET TECHNOLOGIES LLC’S CUSTOMERS AND IN WHICH MARKET TECHNOLOGIES, LLC PROVIDES ITS CUSTOMERS WITH PROMOTIONAL INFORMATION AND DETAILS ON THE PRODUCTS AND SERVICES OF OTHERS FOR WHICH MARKET TECHNOLOGIES, LLC MAY RECEIVE SUCH PRODUCT CREDITS/REBATES OR FEES. ALL DETERMINATIONS BY MARKET TECHNOLOGIES, LLC CONCERNING FEES TO BE RECEIVED BY MARKET TECHNOLOGIES, LLC ARE FINAL AND WITHIN ITS SOLE DISCRETION. CUSTOMER TESTIMONIALS IN THE VANTAGEPOINT VIDEO ARE EXPRESSIONS OF EACH CUSTOMER’S PERSONAL EXPERIENCE AND BELIEF. NO COMPENSATION HAS BEEN PAID BY MARKET TECHNOLOGIES, LLC TO THESE CUSTOMERS FOR THEIR TESTIMONIALS IN THE VIDEO, EXCEPT FOR REASONABLE TRAVEL EXPENSES NECESSARY FOR THEM TO PARTICIPATE IN THE PRODUCTION OF THE VIDEO. MARKET TECHNOLOGIES, LLC HAS NO AFFILIATION WITH ANY BROKERAGE FIRMS AND DOES NOT GET INVOLVED WITH TRADING, TRADE RECOMMENDATIONS OR ACCOUNT ADMINISTRATION SINCE WE ARE NOT LICENSED, REGISTERED BROKERS. YOU MUST MAKE YOUR OWN TRADING DECISIONS AND WORK OUT YOUR OWN SPECIFIC TRADING GUIDELINES WITH YOUR BROKER.
MARKET TECHNOLOGIES, LLC RESPECTS THE PRIVACY OF ITS VISITORS AND CUSTOMERS. MARKET TECHNOLOGIES, LLC USES FEEDBACK FORMS AS A VEHICLE FOR RECEIVING FEEDBACK FROM OUR VISITORS TO OUR WEB SITE AS WELL AS PROVIDING APPROPRIATE FOLLOW-UP. THIS INFORMATION IS RECEIVED BY THE WEB MASTER AND REVIEWED BY THE APPROPRIATE MANAGER FOR RESPONSE. MARKET TECHNOLOGIES, LLC DOES NOT SELL, LEASE OR SHARE ANY INFORMATION OR DATA THAT IT OBTAINS THROUGH ITS WEBSITE WITH UNAFFILIATED THIRD PARTIES. ALL INFORMATION IS SOLELY INTENDED FOR USE BY MARKET TECHNOLOGIES, LLC AND ITS AFFILIATES. FOR QUALITY ASSURANCE PURPOSES, CALLS WITH MARKET TECHNOLOGIES, LLC MAY BE MONITORED OR RECORDED.
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. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. 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. MARKET TECHNOLOGIES, LLC HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. BECAUSE THERE ARE NOT ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, CUSTOMERS SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS. FUTURES AND OPTIONS TRADING INVOLVES RISK, IS NOT FOR EVERY TRADER, AND ONLY RISK CAPITAL SHOULD BE USED.
THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING AND PARTICIPATING IN THE FINANCIAL MARKETS AND THAT THIS RISK IS PRESENT EVEN WITH THE USE OF A TOOL LIKE VANTAGEPOINT WHICH DOES NOT ELIMINATE THE RISK, OR GUARANTEE PROFITS OR THE AVOIDANCE OF LOSSES. WHILE THIS RISK CAN BE MANAGED AND EVEN REDUCED, IT CAN NEVER BE ELIMINATED. GIVEN THIS RISK, IT IS NOT PRUDENT OR ADVISABLE TO MAKE TRADING DECISIONS THAT ARE BEYOND YOUR FINANCIAL MEANS OR INVOLVE TRADING CAPITAL THAT YOU ARE NOT WILLING AND CAPABLE OF LOSING.
VANTAGEPOINT’S FORECASTS DO NOT CONSTITUTE TRADING ADVICE OR AN ENDORSEMENT OR RECOMMENDATION BY MARKET TECHNOLOGIES OF ANY TRADING METHODS, PROGRAMS, SYSTEMS OR ROUTINES. MARKET TECHNOLOGIES’ PERSONNEL ARE NOT LICENSED BROKERS OR ADVISORS AND DO NOT OFFER TRADING ADVICE.
COPYRIGHT INFRINGEMENT CLAIM NOTICE PROCEDURE – Copyright and Intellectual Property Policy
It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or others.
Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice
Pursuant to Title 17, U.S. Code § 512(c)(2), notifications of claimed copyright infringement, or notification of other intellectual property rights violation, should be sent ONLY to the Designated Agent below.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.
Written notification of claimed copyright infringement must be submitted to the following Designated Agent via the following routes:
Hill Ward Henderson
Attention Rachel M. Feinman, Esq.
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, Florida 33602
Under Title 17, § 51 2(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work, or works, that you believe to have been infringed upon. The identification must provide sufficient detail to specify the work. For example, an identification for a web page might state, “The copyrighted work at issue is the text that appears on http://www.originalexpression.com/original_page.html.” Where the work is another form of publication, the identifying information could include the name, edition, ISBN number and pages of a book from which an excerpt was copied, the music album or single, etc. as appropriate.
3. A clear description of where the infringing material is located on our web site(s), including, as applicable, its URL, so that we can locate the material.
4. Information reasonably sufficient to permit us to contact you. An email address is preferred. Alternatively, you might provide your mailing address and/or telephone number.
5. The following statement: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”
6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.”
VantagePoint License Agreement
This is a legal agreement (the “Agreement”) between you (“Licensee” or “You”) and Market Technologies, LLC, a Florida limited liability company (“Market Technologies”). Carefully read this Agreement before installing the VantagePoint Intermarket Analysis Software (“VantagePoint”) on your computer.
By clicking the “I Understand and Agree to the Terms” button when presented on the screen with the VantagePoint License Agreement, Licensee indicates its understanding and acceptance of the terms of this Agreement, is intending to create an electronic signature affirming its full understanding and agreement to be legally bound by all of the terms and conditions of this Agreement, agrees to execute this Agreement electronically and agrees that this Agreement is enforceable like any written negotiated agreement signed by Licensee, and is entering into a binding legal contract.
VantagePoint contains the following VantagePoint products (“VantagePoint Products”): VantagePoint for Futures and Commodities (comprised of individual markets); VantagePoint for Stocks and ETFs (comprised of individual sectors of stocks and ETFs); VantagePoint for Forex (comprised of individual groups of Forex pairs), and VantagePoint for India (comprised of individual stock sectors). For each of these VantagePoint Products, each of their respective markets, sectors or groups is hereinafter known as a market application (“Market Application”).
VantagePoint and the VantagePoint user documentation and all related materials that were provided to You by Market Technologies under this Agreement by any means, including: (i) on a CD-ROM shipped by common carrier or the United States Postal Service, (ii) over the Internet, or (iii) by any other means of distribution are collectively referred to in this Agreement as the “Licensed Package”, which Licensee agrees to license (“License”).
This Agreement governs and relates to Licensee’s License of the Licensed Package and Licensee’s selection of, and payment for, one or more VantagePoint Products (hereinafter “Licensee’s Enabled Product(s)”) comprising specific Market Applications that are enabled for Licensee’s personal use (“Licensee’s Enabled Applications”) when Licensee registers VantagePoint on Licensee’s single computer.
VantagePoint utilizes security procedures to prevent software piracy and to protect Licensee’s investment, which require Licensee to activate VantagePoint after installation by performing an initial activation (“Initial Activation”), to register VantagePoint, Licensee’s Enabled Product(s) and Licensee’s Enabled Applications (“Registration”) within the twenty-one (21) day period (“Registration Period”) following Initial Activation, and subsequently to reactivate VantagePoint periodically (“Reactivation”) over the Internet on Licensee’s single computer. This Agreement will remain in effect until it is terminated in accordance with Section 19 below.
Licensee acknowledges that competing products and services are readily available and that Licensee is free to return the Licensed Package within the timeframe and under the restrictions provided in this Agreement. Therefore, Licensee waives any right to assert that this Agreement is an unconscionable, improper or illegal contract of adhesion.
1. Non-exclusive License. Market Technologies hereby grants to Licensee a non-exclusive, non-assignable and non-transferable limited License to use Licensed Package subject to the terms and conditions set forth in this Agreement and subject to the payment by Licensee to Market Technologies of the necessary fees as specified by Market Technologies.
2. Use of Product.
a. As a courtesy to Licensee, all VantagePoint Products and all Market Applications will function during the Registration Period following the date of Initial Activation of VantagePoint by Licensee on Licensee’s computer. Licensee understands that Licensee must contact Market Technologies within the Registration Period to complete Registration of the Licensee’s Enabled Product(s) and Licensee’s Enabled Applications, so that they will continue to function in VantagePoint after the Registration Period. If Licensee does not complete Registration of Licensee’s Enabled Product(s) and Licensee’s Enabled Applications within the Registration Period, VantagePoint will become disabled and will not function. However, VantagePoint can be restored at any time by contacting Market Technologies to complete Registration of the Licensee’s Enabled Product and Licensee’s Enabled Applications.
b. If Licensee thereafter desires to enable additional Market Applications within Licensee’s previously Enabled Product(s), upon payment of prescribed fees to Market Technologies as Market Technologies may specify, Licensee shall be entitled to a new Registration from Market Technologies enabling the additional Market Applications to become part of Licensee’s Enabled Applications operating on the same Licensee’s computer in accordance with the Licensee’s existing License.
c. If Licensee thereafter desires to enable additional VantagePoint Product(s), upon payment of prescribed fees to Market Technologies as Market Technologies may specify for the additional VantagePoint Product(s) and Market Applications that Licensee wants to enable, Licensee shall be entitled to either: (1) a new Registration from Market Technologies allowing the new VantagePoint Product(s) to be enabled and added to the Licensee’s Enabled Product(s) with the additional Market Applications added to the Licensee’s Enabled Applications operating on the same Licensee’s computer in accordance with the Licensee’s existing License, or (2) a new License for the additional Licensee’s Enabled Product(s) and additional Licensee’s Enabled Applications to be enabled and installed on a second Licensee’s computer.
3. Restrictions on Use. Licensee shall not copy, reprint, reproduce, duplicate or modify any part of Licensed Package (electronically or otherwise) or assist any other party in doing so either during or after the term of this Agreement. Licensee agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Licensed Package or information made available to Licensee under this Agreement, or to enable or attempt to enable VantagePoint Products and/or Market Applications without Market Technologies’ permission and payment of prescribed fees to Market Technologies as Market Technologies may specify. Licensee further agrees not to create derivative works based upon Licensed Package, or any part or Market Application thereof, or allow or authorize others to do so. Licensee shall not rent, lease, or lend Licensed Package, provide commercial hosting services with Licensed Package or use Licensed Package in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of the Licensed Package in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, video, online forums, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose, including any commercial venture or purpose in which the Licensee seeks to receive a fee for service. Licensee represents and warrants that Licensee will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Licensed Package is in any way a part of said commercial business venture. Notwithstanding all of the above, Licensee may make one copy of any software programs contained in Licensed Package for purposes of backup only and may only transfer such copy to one of Licensee’s hard disks. Any such copy made must include the appropriate copyright notice as contained on the copy in Licensed Package originally provided to Licensee.
4. Restrictions on Disclosure. Licensee shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Licensed Package or any part thereof or any output derived from the use of Licensed Package, in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Licensee’s own brokerage account. Licensee shall not use Licensed Package or any part thereof on more than one computer at any time whether on a network or otherwise. If Licensee intends to use Licensed Package in the furtherance of Licensee’s business enterprise or for any commercial business venture, Licensee shall not use Licensed Package without first agreeing to the Commercial Business Addendum to this Agreement and payment of the fees prescribed by Market Technologies for such use.
5. Liability for Unauthorized Use or Disclosure. Licensee acknowledges that any unauthorized use or disclosure of Licensed Package will diminish the value of Market Technologies and its products and will cause irreparable and continuing damage to Market Technologies for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, Market Technologies will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.
6. Title. Licensee acknowledges that all title to and ownership rights in Licensed Package and any part thereof, including, without limitation, all VantagePoint Products and Market Applications including but not limited to all Licensee’s Enabled Products and all Licensee’s Enabled Applications, all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto (herein collectively referred to as the “Licensed Package & All Derivations”), all Updates (as defined below), and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned and/or exclusively licensed by Market Technologies. Licensee shall not acquire any rights in Licensed Package & All Derivations of such Licensed Package, or any part thereof, or in any Update by virtue of this Agreement. Market Technologies shall retain all title to and rights in physical materials included in Licensed Package and licensed under this Agreement.
7. Disclaimer of Warranties. MARKET TECHNOLOGIES’ SOLE AND EXCLUSIVE WARRANTY IS THAT THE CD-ROM DISK, IF FURNISHED TO LICENSEE, IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF INITIAL RECEIPT (AS DEFINED IN SECTION 8) BY LICENSEE. If, under normal use, the CD-ROM disk(s) has such a defect within the first ninety (90) days from the Date of Initial Receipt, Licensee is entitled to replacement of the defective disk(s) in accordance with Section 9 of this Agreement. LICENSEE ACKNOWLEDGES THAT MARKET TECHNOLOGIES HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF, OR ACCESS TO, THE LICENSED PACKAGE WILL BE UNINTERUPTED, ERROR FREE OR WITHOUT INACCURACIES OR DELAY DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION NATURAL CATASTROPHIES; GOVERNMENTAL ACTS; POWER FAILURE, BREAKDOWNS OR FAILURE OF COMMUNICATIONS SYSTEMS OR THE INTERNET; PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED; TECHNICAL FAILURE OF THE LICENSED PACKAGE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS OR OMISSIONS OF THIRD PARTIES. LICENSEE ACKNOWLEDGES THAT MARKET TECHNOLOGIES MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF LICENSED PACKAGE FOR USE BY LICENSEE, AND THAT LICENSEE SHOULD DETERMINE FOR HIMSELF OR ITSELF WHETHER, AND TO WHAT EXTENT, THE USE OF LICENSED PACKAGE IS SUITABLE FOR LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT MARKET TECHNOLOGIES MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO LICENSED PACKAGE, OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OPERATION, OR RELIABILITY THEREOF; OR TO THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY MARKET TECHNOLOGIES OR A THIRD PARTY; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED USE BY LICENSEE. MARKET TECHNOLOGIES DOES NOT REPRESENT OR WARRANT THAT THE MARKETS COMPRISING THE MARKET APPLICATIONS WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE. MARKET TECHNOLOGIES MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. Licensee acknowledges that Market Technologies is not a market data provider, that Licensee will need to obtain and download daily end-of-day data compatible to VantagePoint from an independent, third-party data provider at Licensee’s sole expense, and that Market Technologies and VantagePoint do not have mechanisms for, and do not endeavor to detect, errors, omissions, data non-delivery, data mis-delivery or other problems with the data provided by Licensee’s data provider, and that it is the data provider’s, not Market Technologies’, duty to notify Licensee of any such errors, omissions, or other problems with the data provided. Accordingly, Market Technologies shall not be responsible for any errors, omissions or other problems in the data used by Licensee in conjunction with Licensed Package or any disruptions in the provision or transmission of such data by the Licensee’s data provider to the Licensee’s computer, which could cause the Licensed Package to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.
8. Date of Initial Receipt. It is understood that the Date of Initial Receipt by Licensee is the earlier of: (a) the date that Licensed Package was delivered to the address provided to Market Technologies by Licensee and signed for by an adult at that address, (b) the date that Market Technologies sent an email to the email address given to Market Technologies by the Licensee, in which the email contained a link to allow the Licensee to download VantagePoint from Market Technologies’ website over the internet, or (c) the date that Market Technologies hand-delivered the Licensed Package to the Licensee at Market Technologies’ place of business.
9. Damages. Market Technologies’ entire and maximum liability shall be for replacement of any defective disk. NEITHER MARKET TECHNOLOGIES NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF LICENSED PACKAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, INVASION OR LOSS OF PRIVACY, OR FOR BREACH OF ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, NEGLIGENCE OR OF WORKMANLIKE EFFORT), HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS OR INACCURACIES IN VANTAGEPOINT, DOCUMENTATION OR OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR SERVICE FURNISHED TO LICENSEE BY MARKET TECHNOLOGIES IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF MARKET TECHNOLOGIES HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, INACCURACIES OR SUCH DAMAGES OR CLAIM. LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT MARKET TECHNOLOGIES IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE, INTERNET CONNECTION, TELEPHONE, DATA FILES OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF LICENSED PACKAGE.
10. Updates. Market Technologies agrees, but is not obligated, to advise Licensee of any modifications, neural network retrainings, enhancements and updates to Licensed Package (herein referred to collectively as “Updates”) as they are released by Market Technologies provided that Licensee has kept Market Technologies current with updated contact information including email address, mailing address, cell and daytime telephone number. Licensee agrees to put Market Technologies’ email address into his email application whitelist to avoid having spam filters block emails sent by Market Technologies to Licensee. Upon payment of prescribed fees to Market Technologies, as Market Technologies may specify from time to time for such Updates, Licensee will be entitled to receive and use such Updates in accordance with Section 26 of this Agreement. If Licensee chooses not to pay for such Updates as they become available, Licensee will still be entitled to continue to use previous versions of Licensed Package that Licensee had paid for. However, it is understood that such previous versions may no longer undergo any further modifications, neural network retrainings, improvements or enhancements by Market Technologies in its sole discretion. Upon receipt of any Updates, if requested by Market Technologies to do so, Licensee agrees immediately to return to Market Technologies all previous versions of Licensed Package then in his or its possession or to delete and remove them from Licensee’s computer.
11. Mandatory On-Line Activation.
a) Licensee acknowledges that Licensee, at Licensee’s sole expense, is responsible for and must provide all computer hardware, Internet connection, telephone and other equipment, and operating system software necessary to comply with the requirements needed for Initial Activation, Registration, and Reactivation of VantagePoint and that such Initial Activation, Registration, and Reactivation are based on the exchange of information between Licensee’s computer and Market Technologies through an Internet connection. Licensee acknowledges that there are technological measures in VantagePoint that are designed to prevent unlicensed or illegal use of VantagePoint, and that Market Technologies may use such measures, which may include installing them on Licensee’s computer to verify Licensee’s compliance with the terms of this Agreement. Licensee agrees to adhere to any requirements regarding such measures.
b) Licensee agrees that it will not take any action that imposes an unreasonable or disproportionately large load on Market Technologies’ on-line activation infrastructure. If it is determined that Licensee took action with the malicious intent of disrupting, destroying, or overloading Market Technologies’ on-line activation infrastructure, Licensee will be liable to Market Technologies for any and all available legal and equitable remedies. Such remedies would include but not be limited to reimbursing Market Technologies for all costs associated with returning the infrastructure to its normal operating level and reimbursing Market Technologies for any lost profits resulting from the disruption, destruction, or overload of its infrastructure.
12. Customer Support. Market Technologies agrees to provide Licensee with reasonable telephone customer support (herein referred to as “Initial Support”) for a period of six (6) months from the Date of Initial Receipt of Licensed Package by Licensee. A non-cancelable, non-transferable, annual prepaid customer support plan (“Paid Customer Support”) is available upon the expiration of the Initial Support period during the product lifecycle of Licensed Package. Neither Market Technologies, nor its affiliates, in the performance of providing Initial Support or Paid Customer Support services, provides or offers trading advice, strategies or systems of any kind. The sole purpose of support services is to assist Licensee in the use of the Licensed Package.
13. Exchanges and Deactivation. Licensee is entitled to exchange one or more Licensee’s Enabled Applications for other Market Applications in the same Licensee’s Enabled Product and is entitled to deactivate VantagePoint from one computer and install and register it on another computer, at the then-prevailing prescribed fees set by Market Technologies.
14. Speculative Nature. Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of Licensed Package. Licensee acknowledges and understands that Licensed Package provides information regarding possible future market movements based upon historical analysis of past market movements, that Licensed Package does not provide specific trade recommendations including buy and sell signals, that the individual markets comprising the Market Applications may not behave as indicated by the output derived from the use by Licensee of Licensed Package and that Licensee bears the sole risk for all orders for trades placed by Licensee as a result of considering such output. Licensee also acknowledges that VantagePoint and documentation furnished by Market Technologies in Licensed Package are an analytic tool only and are not intended to replace Licensee’s individual research or receipt of professional investment advice, and that neither the Licensed Package nor the Initial Support or Paid Customer Support related to the Licensee’s use of the Licensed Package constitute the provision of trading advice or an endorsement or recommendation by Market Technologies of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS AGREEMENT OR ANY PROMOTIONAL MATERIALS LICENSEE HAS REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY MARKET TECHNOLOGIES OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF LICENSED PACKAGE INCLUDING THAT OF ITS PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT MARKET TECHNOLOGIES ALSO MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT VANTAGEPOINT IS AN ANALYTIC TOOL AND NOT A TRADING SYSTEM AND THAT MARKET TECHNOLOGIES MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. LICENSEE ASSUMES FULL RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE’S TRADING RESULTS SUCH THAT HIS OR ITS PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING LICENSED PACKAGE AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS MARKET TECHNOLOGIES RESPONSIBLE FOR LICENSEE’S TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES. FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. LICENSEE AGREES THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN LICENSED PACKAGE OR IN ANY OF MARKET TECHNOLOGIES’ PROMOTIONAL MATERIALS. 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. MARKET TECHNOLOGIES HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.
15. Hold Harmless; Indemnification; Release; Covenant Not to Sue. Licensee acknowledges it is fully aware of the hazards and risks, including financial risks, associated with trading in commodity and financial futures, Forex, ETF and equities and the use of Licensed Package. In part consideration of the License granted herein, Licensee agrees to release, indemnify and hold harmless Market Technologies, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of Licensed Package or trading decisions and payment of any fees associated with the License, Updates or Paid Customer Support. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Licensed Package or the promotion or marketing thereof. However, such Liabilities shall not include Market Technologies’ obligation, under Section 9 above, to replace a defective CD-ROM Disk.
16. Intended Use. It is agreed by the parties that commodity and financial futures, Forex, ETF and equities traders in the furtherance of their investment pursuits are the intended users of Licensed Package. Licensed Package is not designed for educational use or uses outside the commodity and financial futures, Forex, ETF and equities fields. Licensee hereby represents to Market Technologies that Licensee is aware of the risks associated with the commodity and financial futures, Forex, ETF and equities fields and any program of trading therein.
17. Export Restrictions. Licensee acknowledges that Licensed Package is subject to U.S. export jurisdiction. Licensee agrees to comply with all applicable international and national laws that apply to Licensed Package, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties and fees where applicable.
18. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of Florida. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. If awarded, the total of all damages due to Licensee shall be in accordance with Section 9 above. The parties hereby both knowingly, voluntarily, intentionally and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Licensee and Market Technologies each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in Hillsborough County, Florida or federal court for the Middle District of Florida, Tampa Division. Licensee and Market Technologies agree that, if Licensee brings any action or proceeding against Market Technologies in any other venue in violation of this forum selection clause and Market Technologies is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, Market Technologies will be immediately entitled to recover its costs and attorney’s fees associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction in the State of Florida and hereby waives any claim or defense that such venue is not convenient or proper, and consents to service of process by any means authorized by Florida law.
19. Term. This Agreement shall remain in effect until terminated by one or more of the following occurrences:
a. Breach by Licensee of any term or condition of this Agreement; provided that, except as set forth below, Market Technologies shall give Licensee written notice of such termination at the last known address of Licensee. If Licensee fails to cure such breach within ten (10) days after such notice, Licensee shall immediately cease all use of Licensed Package.
b. Without notice, upon breach by Licensee of any of the conditions set forth in Section 3 or Section 4 above.
Upon termination due to any occurrence enumerated in Subsections 19(a) or 19(b) above, Licensee shall immediately return to Market Technologies the Licensed Package & All Derivations and all Updates in Licensee’s possession, including all copies, documentation, and materials, without refund or credit and without prejudice to any other rights Market Technologies may have.
20. Refund. Licensed Package may be returned at Licensee’s expense for a partial refund (excluding a $495.00 refund processing fee) provided that Licensee meets each of the following conditions: (a) Licensee must contact Market Technologies by telephone during its normal business hours to facilitate the deactivation of VantagePoint from Licensee’s computer; (b) If Licensee received the Licensed Package on a CD-ROM, the original CD-ROM containing VantagePoint must be returned to Market Technologies (as specified herein) and postmarked by Licensee within fifteen (15) calendar days from the Date of Initial Receipt by Licensee (“Return Period”). It is strongly encouraged that Licensee use a traceable, overnight carrier to ensure compliance with the provisions of this section, as there will be no exceptions should this time frame not be met. Alternatively, if VantagePoint was downloaded from Market Technologies’ website by Licensee over the Internet, Licensee must delete VantagePoint in its entirety from Licensee’s computer and confirm in writing within the Return Period that Licensee has done so; (c) the Licensee executes and returns a License Termination and Release Agreement (the “Termination Agreement”). Upon request by You, at any time either prior to or after executing this Agreement, a copy of the Termination Agreement will be emailed to You by Market Technologies; and (d) Market Technologies receives the Termination Agreement executed by Licensee, postmarked within ten (10) days from the date that Market Technologies sent the Termination Agreement to Licensee. Market Technologies will only issue the refund amount after all four of the foregoing conditions have been met. If all four of the foregoing conditions have not been met, Licensee shall not be entitled to any refund, notwithstanding Licensee’s completion of one or more of the foregoing conditions. A return must include all versions, parts, VantagePoint Products and Market Applications of Licensed Package & All Derivations and all Updates then within the care, custody or control of Licensee, including the user documentation and related materials, including any promotional offers that were made available to Licensee. Subsequent licensing of additional Updates or components, and/or enabling of VantagePoint Products or Market Applications or add-ons of any kind for the benefit of the Licensee does not extend the Return Period for any previous Licensee’s Enabled Product(s), Licensee’s Enabled Applications or previous versions of VantagePoint. Additional VantagePoint Products and/or Market Applications enabled through a new Registration and operating on the same Licensee’s computer under the Licensee’s existing License, in accordance with Sections 2(b) and 2(c)(1), does not establish a new Return Period for the newly enabled VantagePoint Products or Market Applications. It is incumbent on Licensee to call Market Technologies at (813) 973-3875, Monday through Friday, 9:00 AM to 5:00 PM Eastern Standard Time to deactivate VantagePoint from Licensee’s computer.
IF LICENSEE RETAINS LICENSED PACKAGE BEYOND THE RETURN PERIOD, IT IS UNDERSTOOD THAT LICENSEE WILL NOT BE ENTITLED TO A REFUND OF THE FEE PAID BY LICENSEE FOR LICENSEE’S ENABLED PRODUCT(S) AND THEIR RESPECTIVE LICENSEE’S ENABLED APPLICATION(S) FOR ANY REASON REGARDLESS OF THE CIRCUMSTANCES.
21. Successors. It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon Market Technologies, its successors and assigns, and Licensee, his or its successors, heirs, and personal representatives.
22. Attorney’s Fees. In the event Market Technologies should be required to take legal action to enforce any of the provisions of this Agreement, Market Technologies may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from the Licensee whether or not litigation results. This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Licensee against Market Technologies, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Market Technologies of the provisions of this Section.
23. Construction. Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
24. Entire Agreement. The parties agree that this Agreement is the entire License Agreement between them governing the use of Licensed Package by the Licensee and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof.
25. Modifications. The parties agree that this Agreement cannot be changed by any oral statements, but only by a license agreement modification (“License Agreement Modification”). The Licensee must execute and return a License Agreement Modification and Market Technologies must receive the License Agreement Modification executed by Licensee, postmarked within ten (10) days from the date that Market Technologies sent the License Agreement Modification to Licensee. The License Agreement Modification shall become effective (the “Effective Date”) upon receipt by Market Technologies.
26. Changes to Licensed Package. The parties agree that this Agreement shall govern and control all obligations of Licensee with respect to the current version of the Licensed Package licensed to the Licensee and that any updated and subsequent versions of Licensed Package provided to the Licensee by Market Technologies in accordance with Section 10 of this Agreement shall be governed by the version of the License Agreement accepted by the Licensee when installing such updated and subsequent versions of VantagePoint on Licensee’s single computer; provided, however, that, this version of the License Agreement shall control if the installation and/or use of such updated and subsequent versions of VantagePoint are not supported by consideration. Obligations of the Licensee with respect to the enabling of additional VantagePoint Product(s) and/or Market Applications on the Licensee’s existing computer, or the licensing of VantagePoint on a Licensee’s second computer, shall be governed and controlled by the applicable License in accordance with Section 2(b) and 2(c) of this Agreement at the time the new VantagePoint Products and/or Market Applications are enabled on the Licensee’s initial computer, or VantagePoint is installed on the Licensee’s second computer under a new License.
27. No Fraud or Reliance on Market Technologies Representations. Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by Market Technologies or its agents or representatives that are not set forth in this Agreement.
28. Severability. If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.
29. Non-acceptance of Agreement. If Licensee does not accept the terms of this Agreement for any reason, then Licensee must contact Market Technologies to deactivate and remove VantagePoint from Licensee’s computer, or if the Licensed Package was sent to the Licensee on a CD-ROM, the Licensee must obtain a Return Merchandise Authorization number (“RMA”) within five (5) calendar days from the Date of Initial Receipt by Licensee of Licensed Package, must display the RMA number prominently on the outside of the Licensed Package, and must return all materials comprising Licensed Package to Market Technologies postmarked by Licensee within ten (10) calendar days from the Date of Initial Receipt by Licensee of Licensed Package, for a partial refund, excluding any credit card processing fees incurred by Market Technologies, and its initial shipping and handling charges if applicable.
30. Additional Acknowledgements. LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S CHOICE BEFORE ENTERING INTO THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF VANTAGEPOINT, UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY LICENSEE OF VANTAGEPOINT ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.