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.