Terms & Disclosures
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Exequor Capital LLC (which includes https://exequor-capital-llc.mykajabi.com, https://www.exequorcapital.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Exequor Capital LLC, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Exequor Capital LLC”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at 109 Olding Rd. NW #202 Bremerton, WA 98312. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Paypal payment services, FxBlue, Myfxbook, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. IMPORTANT NOTICES ABOUT TRADING: All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments and securities (including options and swaps) are not suitable for everyone. Company does not determine whether any strategy, investment or security is suitable for any individual. Particularly with respect to options and futures and forex, equities, swaps, and options as is disclaimed with whatever exchange or broker dealer you open an account with. Subscribers should trade with money they can afford to lose and only place trades where they understand the risk and the instrument. Past results are not indicative of future performance. Trade examples and hypothetical trades do not represent liquidity, commissions, interest, dividends, spreads, other expenses and have the benefit of hindsight. All of these factors affect whether or not an investment is profitable. For purposes of all products and services even if the trade is live all trades and trade examples are to be considered trade examples based upon hypothetical trades for educational purposes only. Any quotes made available may be delayed. Before selling or buying any investment you should consult with a broker to verify pricing information. This risk disclosure applies to this site and all sites , services, and products owned by COMPANY. This service is provided for pure educational purposes only. None of the information within this should be construed as financial advice. Due to regulations by US governing authorities and other regulatory bodies regarding securities, commodities, fixed income, and foreign exchange laws we are not able to provide trade recommendations or any service that could be thought of as investment, legal, or accounting advice. Basically, there is risk and you should assume loss before entering into any trade. As reinforcement to this basic statement: There are no guarantees of profits or losses by Company. (COMPANY may guarantee free subscription for a specified period of time if trades do not profit but this is in no way meant to mean that Company or others representing it are in any way guaranteeing a profit). As always, past results are in no way a guarantee of future results.
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 THAN ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
The Company, and its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, partners are not responsible for any profits nor any losses from any of the material produced by Company and its subdivisions in any form of media or method of communication. Individuals will may express their opinions but this is meant to be seen as that sole individuals opinions and not the opinion of Company or its divisions. Company uses research of a variety of methods to develop educational material and educational signals but all material should perform their own due diligence to determine if such material is suitable for their personal investment decisions. Company and any of its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, partners may or may not take have a position for educational strategies and educational signals listed in material and reserve the right to enter, exit, or abstain from any position on any financial investment vehicle at any time without notifying any subscriber. Though owners of this website and Company may or may not have an investment advisor license they are not acting in that capacity at any time for subscribers to this websites services through phone, web, email, text message, instant message, book, electronic-book, or any other type of communication or media. Company, its websites, affiliates, contractors, employees are NOT acting as registered investment advisors, brokers, knowledgeable persons, broker dealers, or in any other capacity that would make one believe they should trade signals given by any such persons, companies, affiliates. Investing in securities, futures, commodities, options, foreign exchange, derivatives and other types of products involves substantial risk and investors could lose all or more of their originally invested capital, even more than is in their investment account. If any employee, contractor, possible affiliate, of Company or this website decide to act in any way other than described in this disclaimer they must do so with written documentation signed by Company for each individual instance in which they may be doing so in a means separate from or linked to Company otherwise they are doing so without the knowledge or consent of Company. If you believe any employees, contractors or affiliates are acting in such a manner and representing Company or any of its services or websites or products you must request the letter from them to see if they are authorized to do so through submitting a help desk ticket immediately. You agree to all disclaimers provided by your broker for their software execution of your trades and the exchanges disclaimers regarding risk on all types of investments for any type of investment account you open and understand that these disclaimers should be viewed as in addition to all disclaimers within this document. Company & third-party products may include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any Company & third-party products. Any data used or made available by Company & third-party products are from sources believed by Company to be reliable and accurate; however, Company does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate. From time to time, Company may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. Educational strategies and courses are not the same as an algorithmic. Algorithmic subscription is not available unless explicitly stated for that particular subscription. Use of an algorithmic subscription or other educational product is not to be construed by subscriber/customer or anyone else as an advisory or fiduciary relationship. Every subscriber/customer assumes sole responsibility for their investment decisions.
13. ALGORITHMIC SUBSCRIPTION DISCLOSURE: The level at which a member follows the algorithmic subscription is determined as an arrangement made exclusively between the member and the chosen broker. The Company is not an affiliated party with that agreement in any way. Company does not require a particular broker firm. Where a firm may be mentioned is to inform the reader of possible advantages or disadvantages of using the particular broker and should by no means be construed as a requirement to use that particular broker for actual live trading. Company is not responsible for any profit or loss that may occur and will incur no liability for any losses that may occur or any type of damages including, without limitation, consequential, special, intangible, indirect, direct, or similar damages that may arise directly or indirectly to an algorithmic subscription or any educational product offered by Company and/or its principals, agents, contractors, employees, and affiliates, regardless if the loss or damages is a result of negligence of Company and/or its principals, agents, contractors, employees, and affiliates. Circumstances that are within or beyond the control of Company may occur that may cause an error or problem in auto-trading/coping for taking exits, entering trades or not entering trades and if any such errors occur due to negligence related to Company then subscriber agrees that issues may occur and are part of the risk of an algorithmic subscription and agrees to hold Company and its affiliates harmless for any damages or monetary loss that may occur to such problems. Subscriber will indemnify, hold harmless, defend, and not request a refund or a chargeback, nor will the subscriber pursue legal action of any type or kind against COMPANY or its principals, agents, employees, contractors, or affiliates. Any attempt to violate this agreement shall result in full legal action and collections for any amount lost to the violation of this agreement by the subscriber. Subscriber agrees that under no circumstances for any reason shall the amount due to subscriber for any reason or level of loss exceed that of the cost paid by subscriber to Company . The broker may or may not compensate Company for allowing them marketing space that results in funded accounts on Company websites. Subscriber agrees that in any legal claim through contract or tort or otherwise shall be limited to and not exceed for any expense the amount paid by subscriber to Company for any services or product it has paid Company directly. Company may at any time cease the distribution of its algorithmic subscriptions to subscribers in its sole discretion and is not required to give notice of such action or decision. Neither subscriber and any third-party related to subscriber shall not hold Company liability for any change, cancellation, or temporary hold of Company services. Company will not have, under any circumstances, liability for any trade made by any broker on any subscriber or non-subscribers behalf. The subscriber must notify the broker of any changes in the subscriber's profile information. The subscriber should in no way assume or believe that information made available by the subscriber to Company will be passed along to the broker by Company. The subscriber must understand how to access the algorithmic subscription and should consult the My Subscriptions area for setup, maintenance, margin, monitoring, and different settings that may be available with the subscription. The subscriber must notify Company when cancelling their subscription. Subscribers and non-subscribers agree to indemnify and hold harmless Company of any trades, algorithmic or otherwise placed before, during and after the subscription.
14. INDEMNIFICATIONS: You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in King County, Washington. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: October 18, 2018
