Scanner Terms Of Service
Risk Disclosure and
Terms Of Service
APEX Scanner For Nadex
Binaries And Spreads
The program you are
about to use has been created and developed independent of Nadex and Nadex does
not provide maintenance or support of any kind for the program. Nadex has no
ownership rights in the program, and the owner of this program is not Nadex's agent, employee or affiliate and has no authority
to bind Nadex in any way, or to enter into any agreement, arrangement or contract
on Nadex's behalf. Nadex makes no warranty, expressed
or implied, regarding the accuracy, adequacy, completeness, reliability, or
usefulness of the program or any information it provides. All warranties of any
kind, express or implied, including but not limited to
the implied warranties of merchantability, fitness for a particular purpose,
freedom from contamination by computer viruses, and non-infringement of
proprietary rights, are disclaimed by Nadex. You are solely responsible for all
determinations regarding the suitability, potential profitability, risk and
appropriateness for you of any order, Nadex contract, trading strategy or other
matter in connection with any trading in your Nadex account. You are solely
responsible for any and all orders and other instructions submitted for your Nadex
account and no other person or entity controls the trading in your Nadex
account. Nadex is not responsible for any losses you may incur as the result of
information provided by this program. By clicking I AGREE you are giving your
electronic signature and confirming that you understand and agree to the
information above.
Insight Investors LLC
& Apex Investing Institute LLC, hereinafter
referred to as COMPANY and all of its services are purely for educational
purposes. The scanner is not used to provide signal recommendations. It is a
tool that filters contracts available on the Nadex exchange, in your web browser based upon the
filters you select. COMPANY adamantly
states that nothing in this communication constitutes a solicitation,
promotion, endorsement, offer or recommendation to buy or sell any investment
vehicle. Neither COMPANY, its owners and operators, its
subsidiaries, officers, employees, representatives nor independent contractors
are acting as licensed financial advisors.
COMPANY is acting SOLELY as an education firm providing research tools
and any trading done is for the sole and explicit purpose of illustrating the
mechanics of a trade as an example for purely educational purposes. We provide strategies and education materials
showing you ways to use the scanner which are designed to inform and teach you
about trading and how possibly to limit risk and possibly make profits from
trading. Your trades may lose the maximum
loss and there is no assurance that you will make profits or limit risk to less
than the maximum risk on said product.
COMPANY does not determine whether any strategy, trading instrument,
swap, or contract of any type is suitable for any individual. Exchange fees may vary by instrument and may
or may not be included in the calculation of education, scanner tools, and
examples. And the transactional trading fees may vary depending on the size of
the transaction you perform from what is displayed in education, scanner tools,
and education. Education examples of
strategies and trade examples and hypothetical trades do not represent
liquidity, exchange fees, commissions, interest, dividends, spreads, other
expenses and have the benefit of hindsight. All of these factors affect whether
or not a investment is
profitable. Any quotes made available
may be delayed or may become unavailable do to technology difficulties. Before
selling or buying any investment you should consult with the ticket in the
platform for the live pricing to verify pricing information. 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. AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT all
ASSOCIATE WEBSITES AND OTHER COMPANY WEBSITES PRODUCTS, "AS IS" AND
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY. AND ITS
AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED
OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND
ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY
INFORMATION, PRODUCT OR SERVICES. COMPANY. AND ITS
AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS,
SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY COMPANY &
PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT COMPANY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES
ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU. For international users outside the United States you
understand you are responsible for compliance with the laws of your local
jurisdiction regarding import or export regulations regarding any service or
site operated by COMPANY. It is prohibited to access any of COMPANY websites
content or services if it is in violation of any local laws of the user. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL
TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEB SITES, AND ALL CHARGES
RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND
RELIANCE ON COMPANY
PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF COMPANY., ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE
ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF COMPANY
PRODUCTS IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
NEITHER COMPANY.
NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER
ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND OR SERVICES. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND
EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF
ACTION (WHETHER IN CONTRACT, TORT—INCLUDING, WITHOUT LIMITATION—NEGLIGENCE), OR
OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR SERVICES
AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold COMPANY., its Affiliates and their
respective officers, directors, employees and agents harmless from and against
any and all claims, damages, losses, costs (including reasonable attorneys'
fees), or other expenses that arise directly or indirectly out of or from (a)
your breach of these Terms of Use or other terms applicable to your use of
COMPANY products and or services; (b) any allegation that any materials that
you submit to us or transmit to us infringe or otherwise violate the copyright,
trademark, trade secret or other intellectual property or other rights of any
third party; and/or (c) your activities in connection with any COMPANY products
and or services.
PRIVACY POLICY
Company will not track an individuals
personal usage of a unique users executions patterns using the scanner in
relation to that individual as all filters are on the individuals browser not
the server. We will act in accordance with current legislation and aim to meet
current best practices. Any information you provide to COMPANY. will only be used within COMPANY. and
by its agents and or service providers. Your information also will be
disclosed, however, when required by law or we believe in good faith that such
action is necessary in order to comply with the law or legal process. Also, if
you post or send offensive, inappropriate or objectionable content anywhere on
or to all associated webites or its affiliated sites,
or otherwise engage in any disruptive behavior, COMPANY. can
use information about you in connection with stopping such behavior and
exercising its rights and remedies. This may involve informing relevant third
parties such as Internet service providers and law enforcement agencies about
the content and your behavior. During any visit to all associated webites or its affiliated sites, the pages you see, along
with a short text file called a 'cookie', are downloaded to your
computer.
Intellectual Property
Rights
Apex Investing, Infinity Ball, all education, software, analyzers, signals,
other trademarks used with COMPANY & Investing Institute Sites products,
including the all associated websites website and all sites operated by
COMPANY, are owned by COMPANY. You may not use or reproduce such trademarks
without written permission from COMPANY
All code, images, content, and media of all types on all sites may not
be used for any purpose other than the subscriber’s direct viewing. All
associated websites and other websites owned by COMPANY.,
including the look and feel of such sites. We reserve all rights and remedies
available to us and nothing in this agreement is intended to limit our rights
and remedies.
User agrees to not
share, resale, distribute, reproduce, copy, sell, resell, provide for free,
exploit, or transfer for profit or not for profit any material, services, or
access to services and understands that COMPANY shall bring litigation upon
subscriber/customer for any violation of the policies within this agreement and
disclaimer and subscriber/customer shall be responsible for all attorney,
legal, marketing, public relation, lost profit, travel, damages, and other
expense related to such violation.
While using any COMPANY product and or services,
you agree not to:
Express or imply that
any statements you make are endorsed by us;
Engage in spamming or flooding;
Restrict or inhibit any other subscriber from using any COMPANY & Investing
Institute Sites' product, including, without limitation, by means of
"hacking" or "cracking" or defacing any portion of
any all associated webites websites;
Use any COMPANY products or services for any unlawful purpose;
Transmit (a) any content or information that is unlawful, fraudulent,
threatening, harassing, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes on our or any third party's intellectual property
or other rights; (b) any material, non-public information about companies; (c)
any trade secret of any third party; or (d) any advertisements, solicitations,
chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by us);
Transmit any software or other materials that contain any virus, worm, time
bomb, Trojan horse, or other harmful or disruptive component;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of any all associated webites
websites or to otherwise violate any of our rights relating to our ownership
and provision of our website or other COMPANY products and or services;
Remove any copyright, trademark, or other proprietary rights notices contained
in all associated web sites;
"Frame" or "mirror" any part of all associated websites.
Use any robot, spider, site search/retrieval application, or other manual or
automatic device or process to retrieve, index, "data mine," or in
any way reproduce or circumvent the navigational structure or presentation of
any COMPANY product or its contents;
Harvest or collect information about visitors to or members of all
associated websites; or
Permit anyone without an account or subscription to use any COMPANY
product or services through your subscription, user name or password.
While using COMPANY products and or services you agree to comply with all
applicable laws, rules and regulations.
Technology Costs
Many COMPANY products are accessible through the Internet and require that you
have a computer and modem or comparable access lines. In addition, text
messaging may apply and you will be liable for such cost from your phone
provider if such feature is added in the future. You acknowledge and agree
that, to the extent necessary for you to access products which are made
available through the Internet, it is your responsibility to provide all
equipment, including a computer and modem, necessary for you to establish a
connection to the Internet; to provide all commercially available standard
software necessary to connect with our products; provide for your own
connection to the Internet; and pay any costs and fees associated with your
equipment, software and connections to the Internet. In addition, data fees may
apply for live market data to make product accessible. You may also have to pay
transactional cost and platform fees. You understand you are responsible for
such fees and those fees may be in addition to any fees you pay to Apex These
fees are not paid to Apex therefore we are in no way responsible for the fees
or the deliverability of these data services or platforms. Certain data fee or
other data providers may have difficulties delivering data so you may have to
choose an alternative data provider or broker to use the software and this may
have additional cost for you. You acknowledge you understand any such fees and
that you are responsible for them and they may be a requirement for you to use
the services. You inability or desire to purchase or access such services
through your preferred method shall not be cause for any refund or amount due
to you if such event is to occur.
Termination
Service shall be made available until such time as company decide it is no
longer or willing to provide such service. Each of us can terminate our
relationship with the other by discontinuing business with the other. For
example, we may discontinue your access to COMPANY products in the event you
are violating the Terms of Use or in the event we are no longer able to provide
them under the current terms. However, our rights and remedies under these
Terms of Use, including our intellectual property rights, indemnification and
limitation of liability, and any other agreement will continue to apply and
survive the termination of the relationship. Upon termination, we may disable
your access to some or all COMPANY & Investing Institute Sites' products or
services, including if you have violated these Terms of Use. Upon termination,
you will not have access to COMPANY products or services. You may
terminate simply by ceasing to use the scanner.
Miscellaneous
These Terms of Use and any other agreement between COMPANY & Investing
Institute Sites and you is governed by and construed in accordance with the
laws of the State of Wyoming, United States of America, without regard to
principles of conflicts of law. You agree to personal jurisdiction by the
federal and state courts located in Federal court Tarrant County, Texas, United
States of America, and waive any jurisdictional, venue, or inconvenient forum
objection to such courts. If any provision of our agreements is found to be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable and shall not affect the validity and enforceability of any
remaining provisions.
These Terms of Use
and any other agreements are not assignable, transferable or sub-licensable by
you.
If COMPANY. takes any
action to enforce the Terms of Use or any other agreement with you, without
limiting any of its other legal or equitable rights and remedies, you shall pay
the costs incurred by it in connection with such action, including reasonable
attorneys’ fees.