Legal Disclaimer Trading123

Trading123 Legal Disclaimer: Last Update 3/01/23

US Government Full Risk Disclosure

Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website and the products, services and other information contained herein is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown on this website. Past performance of any trading system or methodology is not necessarily indicative of future results.

The following statement is furnished pursuant to Commodity Futures Trading Commission (“CFTC”) Regulation 1.55(c).This brief statement does not disclose all of the risks and other significant aspects of trading in futures, forex and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts (and contractual relationships) into which you are entering and the extent of your exposure to risk. Trading in futures, forex and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances.

The risk of loss in trading commodity futures contracts and foreign currency can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.

You should be aware of the following points:

You may sustain a total loss of the funds that you deposit with your broker to establish or maintain a position in the commodity futures market or foreign exchange market, and you may incur losses beyond these amounts. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required by your broker, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.

The funds you deposit with a futures commission merchant for trading futures and forex positions are not protected by insurance in the event of the bankruptcy or insolvency of the futures commission merchant, or in the event your funds are misappropriated.

The funds you deposit with a futures commission merchant for trading futures or forex positions are not protected by the Securities Investor Protection Corporation even if the futures commission merchant is registered with the Securities and Exchange Commission as a broker or dealer.

The funds you deposit with a futures commission merchant are generally not guaranteed or insured by a derivatives clearing organization in the event of the bankruptcy or insolvency of the futures commission merchant, or if the futures commission merchant is otherwise unable to refund your funds. Certain derivatives clearing organizations, however, may have programs that provide limited insurance to customers. You should inquire of your futures commission merchant whether your funds will be insured by a derivatives clearing organization and you should understand the benefits and limitations of such insurance programs.

The funds you deposit with a futures commission merchant are not held by the futures commission merchant in a separate account for your individual benefit. Futures commission merchants commingle the funds received from customers in one or more accounts and you may be exposed to losses incurred by other customers if the futures commission merchant does not have sufficient capital to cover such other customers’ trading losses.

The funds you deposit with a futures commission merchant may be invested by the futures commission merchant in certain types of financial instruments that have been approved by the Commission for the purpose of such investments. Permitted investments are listed in Commission Regulation 1.25 and include: U.S. government securities; municipal securities; money market mutual funds; and certain corporate notes and bonds. The futures commission merchant may retain the interest and other earnings realized from its investment of customer funds. You should be familiar with the types of financial instruments that a futures commission merchant may invest customer funds in.

Futures commission merchants are permitted to deposit customer funds with affiliated entities, such as affiliated banks, securities brokers or dealers, or foreign brokers. You should inquire as to whether your futures commission merchant deposits funds with affiliates and assess whether such deposits by the futures commission merchant with its affiliates increases the risks to your funds.

You should consult your futures commission merchant concerning the nature of the protections available to safeguard funds or property deposited for your account.

Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”).

All futures, forex and options positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.

The high degree of leverage (gearing) that is often obtainable in futures and forex trading because of the small margin requirements can work against you as well as for you. Leverage (gearing) can lead to large losses as well as gains.

In addition to the risks noted in the paragraphs enumerated above, you should be familiar with the futures commission merchant you select to entrust your funds for trading futures positions. As of July 12, 2014, the Commodity Futures Trading Commission requires each futures commission merchant to make publicly available on its Web site firm specific disclosures and financial information to assist you with your assessment and selection of a futures commission merchant. Information regarding this futures commission merchant may be obtained by visiting the websites of the respective FCM partner of NinjaTrader Brokerage: Dorman Trading (www.dormantrading.com), Phillip Capital (www.phillipcapital.com), FXCM (www.fxcm.com)

ALL OF THE POINTS NOTED ABOVE APPLY TO ALL FUTURES AND FOREX TRADING WHETHER FOREIGN OR DOMESTIC. IN ADDITION, IF YOU ARE CONTEMPLATING TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS, YOU SHOULD BE AWARE OF THE FOLLOWING ADDITIONAL RISKS:

Foreign futures transactions involve executing and clearing trades on a foreign exchange. This is the case even if the foreign exchange is formally “linked” to a domestic exchange, whereby a trade executed on one exchange liquidates or establishes a position on the other exchange. No domestic organization regulates the activities of a foreign exchange, including the execution, delivery, and clearing of transactions on such an exchange, and no domestic regulator has the power to compel enforcement of the rules of the foreign exchange or the laws of the foreign country. Moreover, such laws or regulations will vary depending on the foreign country in which the transaction occurs. For these reasons, customers who trade on foreign exchanges may not be afforded certain of the protections which apply to domestic transactions, including the right to use domestic alternative dispute resolution procedures. In particular, funds received from customers to margin foreign futures transactions may not be provided the same protections as funds received to margin futures transactions on domestic exchanges. Before you trade, you should familiarize yourself with the foreign rules which will apply to your particular transaction.

Finally, you should be aware that the price of any foreign futures or option contract and, therefore, the potential profit and loss resulting therefrom, may be affected by any fluctuation in the foreign exchange rate between the time the order is placed and the foreign futures contract is liquidated or the foreign option contract is liquidated or exercised.

THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY AND FOREIGN CURRENCY MARKETS.

Trading123 Disclaimer & Terms of Use Agreement

By accessing or viewing any portion of the TRADING123.NET web site, or upon subscription to any of our services, you acknowledge that you have read, understood and agree to be legally bound by the terms of our disclaimer and user agreement, which is subject to change without notice. You agree to hold TRADING123.NET completely harmless as a result of reading this web site or newsletter, using any of our software or by accessing our chat or mentoring rooms. You understand that all sales are final and there are no guarantees, promises or refunds. Any chargebacks, refunds will be meet with legal action as you downloaded a digital product and took ownership of it once you downloaded it and this is a violation of our Intellectual Property Rights.

Restrictions of Use:

If you as a customer have purchased any materials from Trading123.Net you are forbidden from republishing, sharing, copying, selling, licensing, uploading, rebranding, unlocking, or reproducing them. Any purchase of any software code, trading manuals, may not be incorporated into any competitor’s product code, web site, or trading systems or strategies. Violation of this disclaimer will result in legal action.
Payments:

We accept payments by our credit card processor STRIPE that is truly trusted and secure service we have used for years and have not had one issue with fraud with them, its 100% safe and secure. Wire transfers are another method of payment, just contact us for more info on how to do a wire transfer. Payment can also be made by check, once funds cleared software or item purchased will be sent. All software sales are final there are no refunds. Any chargebacks, refunds will be meet with legal action as you downloaded a digital product and took ownership of it once you downloaded it and this is a violation of our Intellectual Property Rights. Trading123 Software is not a black box trading system, and should not be followed blindly. You need to filter the trade setups paying close attention to the larger trend. All trade decisions are your own sole responsibility, you are in control of your own profits or losses.

Trading123 Disclaimer & Terms of Use:

By accessing or viewing any portion of the TRADING123.NET web site, or upon subscription to any of our services, you acknowledge that you have read, understood, and agree to be legally bound by the terms of our disclaimer and user agreement, which is subject to change without notice. You agree to hold TRADING123.NET completely harmless as a result of reading this web site or newsletter, using any of our software, or by accessing our chat or mentoring rooms. You understand that all sales are final and there are no guarantees, promises, or refunds. Any chargebacks, refunds will be meet with legal action as you downloaded a digital product and took ownership of it once you downloaded it and this is a violation of our Intellectual Property Rights.
Refund Policy:

There are no refunds or exchanges on all software purchases or mentoring of educational material. Since our products are offered online for download and considered a digital download, once payment is captured, ALL SALES are FINAL. Trading123.Net does not provide a refund or exchange of our software, online videos, or educational materials for any reason. Deciding you do not like the product or change your mind does not entitle you to a refund.

Failure to know our refund policy does not qualify you for a refund. You are responsible for viewing our disclaimer. Any chargebacks and refunds will be met with legal action as you downloaded a digital product and took ownership of it once you downloaded it. This is a violation of our Intellectual Property Rights. Failure to know our refund policy does not qualify you for a refund. You are responsible for viewing our disclaimer.

Upon downloading the digital copy of our software, you became the rightful owner of the product. As a result, we regret to inform you that we do not provide refunds for our software due to its proprietary nature, which has taken us years to develop. Furthermore, we have equipped you with a  wealth of educational materials and proven trading methods while accessing our software.

Software products can be easily copied and stored. Therefore, we have implemented a strict no-refund policy for all our software products. By purchasing any of our software products, you acknowledge and agree to be bound by our refund policy. Please review the agreement carefully before making a purchase. All sales are final.

Our no-refund policy is in place to protect our business and our customers. Here are some reasons why we do not offer refunds:

  1. Our software is not a physical product. Our software is a digital product that can be easily copied and stored. We invest significant resources in developing and maintaining our software products.
  2. We take pride in the quality of our software products and invest significant resources in their development and maintenance. Providing refunds for our software products would not be feasible for our business.

  3. Software products are intangible and cannot be returned.

  4. We value our customers and are committed to providing high-quality software products and services. However, we cannot offer refunds due to the nature of the software products. By purchasing our software products, you acknowledge and agree to be bound by our licensing agreement. If you have any questions or concerns, please get in touch with our customer support team.
 

What Happens When You Dispute a Credit Card Charge and Request a Refund. While this may seem like a simple solution to resolve a billing issue, it’s essential to understand the potential consequences before taking action. One of the most significant outcomes of disputing a credit card charge is the immediate revocation of your software license until the dispute is resolved, which can take 90 to 120 days. Your bank will take the funds out of our account once we are notified within two days. If the dispute is ruled in our favor, which it usually is your software will not be reactivated for ninety days. 

Termination: We may terminate or suspend your account and ban your access to our website, products, and services immediately, without prior notice or liability, under our sole discretion, for any satisfactory reasons, including but not limited to your breach of these terms.

Risks:

TRADING123.NET and its owners are not liable for any losses, monetary or otherwise, that result from the use of our software or educational materials. Please realize the risk with any investment and consult investment professionals before proceeding. Subscriber accepts all liability for the outcome of their trading results. No trading system or methodology has ever been developed that can guarantee profits on a daily basis, or prevent losses. Remember that investing can be risky and past results are not a guarantee of future returns. TRADING123.NET is neither an investment firm, trade adviser, broker, brokerage dealer or financial planner, or adviser. Information provided on our website is made to members or investors in general and without regard to your investment goals, financial circumstances, investment background, and your abilities towards investing or trading abilities. You must fully understand the risks that go along with trading strategies. And there are no guarantees in trading.

Copyright Trading123.Net All Rights Reserved:

The contents of this web site and all graphics, text, logos are protected by federal copyright law and is owned by Trading123.Net

Ownership of Rights and Limitation of Use, The Trading123.Net web site contains copyrighted material which is owned by Trading123.Net including but not limited to: indicators, systems, strategies, software code, methodologies, techniques, trademarks, brand names, graphics, logos, PDF’s and or any trading manuals. The contents on this website and all copyrights, trademarks, and intellectual property rights related to the website content are owned by Trading123.Net.

Intellectual Property Rights:

We have spent several years perfecting our software and it is protected by Intellectual Property Rights. Each visitor to the site hereby acknowledges that all rights, titles, and interests, including but not limited to the rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site as set forth in this Agreement. You will not adapt, modify, translate, decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code from any of our software, or create or attempt to create a substitute or similar product through the use of or access to the software or proprietary information supplied. Violation of this will result in legal action.

Software Products & Warranty:

Trading123.Net warrants that all software purchased from our website and furnished to the purchaser by electronic download will be free of any defects and workmanship under normal use. Our programmers will fix and repair any bugs within a reasonable time period. If for any reason the files of any software are found to be defective within 30 days of downloading the software, Trading123.net will replace any corrupted software, and work with the purchaser to resolve any issues. If we cannot resolve on our end, the purchaser will have to contact Ninja Trader software support and have them look at their trace and log files to fix the problem. Sometimes there could be a conflict with the user’s computer settings that may cause an issue. All software has been tested and in fine working order before it is sent. All our software products are distributed and licensed as-is. Note: Failure to trade successfully using any of our products does not warrant a defect or bug in the product. The customer must determine to their extent, the use of the software and if it’s suitable to their level of trading. There are no warranties, guarantees, or promises of any kind as to their performance, as each trader has a different level of education so no guarantees can be made that you will get the same results we do. In no event shall Trading123 be accountable for any or all financial losses or costs from the use of any of our software. Any questions contact us were here to help.