ApexLiveTermsOfService

Recording, Risk Disclosure, and NDA

This agreement governs the discloser of information by and between Apex Trading Tools and Software LLC hereinafter referred to as “Apex” and all attending persons of the Apex Live/ALL IN Master Trading Course.

I am a speaker/or participant therein for the above presentation/program and I give my consent to Apex to record my participation in the event or program described above. I understand that my presentation/or participation therein may be videotaped, audiotaped, photographed, recorded, edited or Apex may otherwise reproduce my voice, image or likeness, for the purpose of being broadcast, published and distributed in commercial or non- commercial purposes, including, but not limited to classroom, Internet (including webcasts and podcasts and streaming video), or through any other communications media currently existing or later created. I further understand that Apex retains the right to use the content recorded of which I may be a speaker or participant in other venues. I hereby grant to Apex all right, title and interest to any such recordings and broadcast made under this consent. I understand this means that Apex may, without limitation or compensation, exercise all ownership rights including copyrights relating to such recordings.

RISK DISCLOSURE:

Futures and Forex trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.

Futures and options and swaps trading involve risk, which may not be suitable for every investor and may result in financial loss. Any trading decisions that you make are your sole responsibility. The information presented in this seminar is for information purposes only. The contents of this webinar are not an offer, or a solicitation of an offer, to buy or sell any particular financial instrument. Past performance is not indicative of future results.

HYPOTHETICAL PERFORMANCE DISCLOSURE:

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. 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 of 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 which can adversely affect trading results.

Definition of Confidential Information. As used herein, “Confidential Information” shall mean any and all technical and non-technical information related to, analysis, training and suggestions relating to the trading and training ran by each individual Apex Live/Master Trading Course Student, provided by Apex to the student, including but not limited to (a) patent(s) and patent applications, (b) trade secret, and (c) copyrighted information (d) proprietary information–ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, experimental work, development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and information the disclosing party provides regarding third parties.

Identification of Confidential Information. If the Confidential Information is embodied in tangible material (including without limitation, software, hardware, drawings, graphs, charts, disks, tapes, prototypes and samples), it shall be labeled as “Confidential” or bear a similar legend. If the Confidential Information is disclosed orally or visually, it shall be identified as such at the time of disclosure. All information presented shall be considered Confidential

Exceptions to Confidential Information. Each party’s obligations under this Agreement with respect to any portion of the other party’s Confidential Information shall terminate when the party to whom Confidential Information was disclosed (the “Recipient”) can document that: (a) it was in the public domain at the time it was communicated to the Recipient by the other party; (b) it entered the public domain subsequent to the time it was communicated to the Recipient by the other party through no fault of the Recipient; (c) it was in the Recipient’s possession free of any obligation of confidence at the time it was communicated to the Recipient by the other party; (d) it was rightfully communicated to the Recipient free of any obligation of confidence subsequent to the time it was communicated to the Recipient by the other party; (e) it was developed by employees or agents of the Recipient independently of and without reference to any information communicated to the Recipient by the other party; (f) it was communicated by the other party to an unaffiliated third party free of any obligation of confidence; (g) the communication was in response to a valid order by a court or other governmental body, was otherwise required by law, or was necessary to establish the rights of either party under this Agreement; or (h) it was not legended as Confidential Information of the disclosing party and if disclosed orally or visually, it was not identified as Confidential Information of the disclosing party at the time of such communication.

Handling of Confidential Information. Each party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party Confidential Information of the other, except as approved in writing by the other party to this Agreement, and will use the Confidential Information for no purpose than for ones personal application

Residual Knowledge. Recipient may enhance its knowledge and experience retained in intangible form in the unaided memories of its directors, employees/contractors and advisors as a result of viewing Disclosure’s Confidential Information. So long as Recipient complies with Section 4 of this Agreement, Recipient may develop, disclose, market, transfer and/or use such knowledge, experience and intellectual property that may be generally similar to Discloser’s Confidential Information, and Discloser shall not have any rights in such knowledge, experience or intellectual property nor any rights to compensation related to the Recipient use of such knowledge, experience or intellectual property, nor any rights in Recipient’s business endeavors.

Term and Termination. This Agreement shall terminate two (2) year(s) after the Effective Date. The Recipient’s obligations under this Agreement shall survive termination of the Agreement between the parties and shall be binding upon the Recipient’s heirs, successors and assigns for a period of five (5) years. Upon termination or expiration of the Agreement, or upon written request of the other party, each party shall promptly return to the other all documents and other tangible materials representing the other’s Confidential Information and all copies thereof.

Warranties. Each party represents and warrants to the other party that (i) it has the requisite corporate authority to enter into and perform this Agreement, (ii) this Agreement constitutes its legally binding obligation, enforceable in accordance with its terms, and (iii) its execution and performance under this Agreement, including its disclosure of Confidential Information to the Recipient, will not result in a breach of any obligation to any third party or infringe or otherwise violate any third party’s rights.

No Reverse Engineering. Each of the parties agrees that the software programs of the other party contain valuable confidential information and each party agrees it will not modify, reverse engineer, decompile, create other works from, or disassemble any software programs contained in the Confidential Information of the other party without the prior written consent of the other party.

No Grant of Rights. The parties recognize and agree that nothing contained in this Agreement shall be construed as granting any property rights, by license or otherwise, to any Confidential Information of the other party disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right that has issued or that may issue, based on such Confidential Information. Neither party shall make, have made, use or sell for any purpose any product or other item using, incorporating or derived from any Confidential Information of the other party.

Equitable Remedies. Recipient acknowledges that Recipient’s breach of this Agreement may cause irreparable harm to Discloser for which Discloser is entitled to seek injunctive or other equitable relief as well as momentary damages.

1. All information circulated through this group is to remain exclusively in this group unless permission from Apex is given.
2. Failure to do so will result in exclusion from the Apex group
3. Additionally, unauthorized use of the copyrighted materials will subject you to legal actions including but not limited to injunctions, fines and statutory damages of up to $100,000 per violation even if the copyright holder suffers no loss as a result.

Hold Harmless. The parties to this Agreement shall hold harmless Apex, it’s owners and all attendees and have no liability to the other for any loss suffered which arises out of any action or inaction, based on the advice and training given during this Apex Live/Master Trading Course

Miscellaneous. Neither party shall not transfer or assign this Agreement to any other person or entity, whether by operation of law or otherwise, without the prior written consent of the other. Any such attempted assignment shall be void and of no effect. This Agreement shall be governed by, enforced under, and construed and interpreted in accordance with, the laws of Texas, USA without reference to conflict of laws principles. Each party agrees consents to venue and personal jurisdiction in Texas, USA. If any provision of this Agreement is found by a proper authority to be unenforceable or invalid such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. Neither party will assign or transfer any rights or obligations under this Agreement, including by operation of law, without the prior written consent of the other party. The Agreement is the complete and exclusive agreement regarding the disclosure of Confidential Information between the parties, and replaces any prior oral or written communications between the parties regarding Confidential Information. This Agreement may be signed in multiple copies, each of which shall constitute the same instrument. Once completely executed, any reproduction of this Agreement made by reliable means shall be considered an original.

Signature: By Watching This Stream And/Or Its Recordings You Are Consenting to This Agreement