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Legal Disclaimer
YOUR USE AND ACCESS OF NINJATRADING.COM IS CONDITIONED ON YOUR
ACCEPTANCE OF AND COMPLIANCE WITH THE FOLLOWING TERMS AND
CONDITIONS. BY ACCESSING CONTENT ON OR THROUGH THIS SITE YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE
TERMS AND CONDITIONS HEREIN YOU AGREE THAT YOU WILL NOT ACCESS OR
USE THIS SITE.
TERMS AND CONDITIONS
Ninjatrading.com is owned and operated by Ninja Consulting, LLC, a Delaware limited liability
company. Ninja Consulting, LLC and its members, owners, employees, agents, representatives,
and service providers (collectively “Ninja”) provides this website (the “Site”) for informational
purposes only. Use of and access to the Site and the information, materials, services, and other
content on or through the Site (“Content”) are subject to these terms of use.
Not Investment Advice
Ninja is not an investment advisor as defined by United States Investment Advisers Act and is not
engaged in the business of providing investment advice. The Content is for informational purposes only; you should not construe any such information or other material as legal, tax, investment, financial, or other advice. You understand that by purchasing any of the products or services offered by Ninja you are not paying for investment advice and Ninja is not your investment advisor. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by Ninja or any third party service provider to buy or sell any securities or other financial instruments.
All Content on this Site is information of a general nature. The Content does not address the
circumstances of any particular individual or entity and does not provide advice about any specific
securities. To the extent that the Content may include indirect references to securities, such as
references to market trends, the advantages of investing in securities, selective lists of securities,
or asset allocation, such Content is solely Ninja’s opinion given for informational purposes or as
hypothetical examples and Ninja does not receive compensation for sharing those personal
opinions.
Investment Risks
You understand and acknowledge that there is a very high degree of risk involved in trading
securities and, in particular, in trading futures and options, and in trading penny stocks. Ninja does
not recommend the purchase of particular securities nor does Ninja promise or guarantee any
particular investment results. Past results of any individual trader or trading system are not
indicative of future returns by that trader or system and are not indicative of future returns which
may be realized by you. You acknowledge and agree that you, and not Ninja, are solely responsible
for your own investment research and decisions.
You alone assume the sole responsibility of evaluating the merits and risks associated with the use
of any information or other Content on the Site before making any decisions based on such
information or other Content. In exchange for using the Site, you agree not to hold Ninja, its
affiliates or any third party service provider liable for any possible claim for damages arising from
any decision you make based on information or other Content made available to you through the
Site. “Day trading can be extremely risky…You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less than $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success.”
SITE AND CONTENT NOT WARRANTED
THE SITE AND CONTENT, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF
ANY KIND. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND
CONTENT, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE
ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON
THE SITE. NINJA AND ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS,
AGENTS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS, DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL
WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS,
USEFULNESS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR USE, AND
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING/PERFORMANCE OR
USAGE OF TRADE.
Limitation of Liability
YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT
IS TO STOP USING THE SITE AND CONTENT. NINJA IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES, UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR LOSS OF OTHER
INTANGIBLES. IN PARTICULAR, AND WITHOUT LIMITATION, NINJA WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR
INABILITY TO USE THE SITE OR CONTENT.
While we try to maintain the integrity and security of the Site and the servers from which the Site
is operated, we do not guarantee that the Site or Content is or remains secure, complete or correct, or that access to the Site or Content will be uninterrupted or error free. The Site and Content may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Site or Content. If you become aware of any unauthorized third party alteration to the Site or Content, contact us com with a description of the material(s) at issue and the URL.
User Submission and Other Content
The Site may permit the submission of content by users, including, for example, comments,
articles, links, and conversations in our chat rooms (“User Submissions”). By posting any such
User Submissions, you grant Ninja an irrevocable, worldwide, non-exclusive, royalty-free license
(with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit,
display and distribute such User Submission in any and all media or distribution methods (now
known or later developed). Ninja has the right, in its sole discretion and without further notice to
you, to monitor, censor, edit, move, and/or remove any and all content posted on Ninja Sites and
Materials, including any User Submission, at any time and for any reason.
Ninja does not represent or guarantee the completeness, truthfulness, accuracy, usefulness or
reliability of any content or User Submission and do not necessarily endorse any opinions
expressed therein. You understand that by accessing the Site, you may be exposed to content that
might be offensive, harmful, inaccurate or otherwise inappropriate. Ninja may not monitor or
control the content or User Submissions accessible on the Site.
Third Party Links
The Site may contain links to third-party websites. Ninja does not endorse nor is it responsible for
the availability or content of third-party sites or any services or products that they may offer. We
do not exercise control over third-party websites.
YOUR USE OF THIRD PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT
LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS,
OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES, IS AT YOUR
OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.
Limited Right of Use of Content
You are permitted to use the Site and Content for your personal, non-commercial use only. The
Site and Content are and shall remain the property of Ninja and is protected by copyright,
trademark, patent, and/or other intellectual property, proprietary, work product rights and
laws. You may use the Site and Content for your personal, noncommercial use, provided that you
keep intact all copyright, trademark, patent and other proprietary notices.
Except as expressly authorized in advance by Ninja in writing, you agree not to reproduce, modify
or create derivative works based on, rent, lease, loan, sell, distribute, publish, publicly perform or
display, reverse engineer, de-compile or dissemble, all or any part of the Site or Content.
Trade names, trademarks and service marks of Ninja include, without limitation, Ninja Trading
and any associated logos. Nothing contained on the Site should be construed as granting, by
implication, estoppel or otherwise, any license or right to use any of Ninja’s trade names,
trademarks or service marks without our express prior written consent.
Indemnification
By accessing and using the Site and Content, you agree to indemnify, defend and hold harmless
Ninja (specifically including its owners, partners, employees, agents, information providers,
licensors and licensees) (collectively, the “Indemnified Parties”) from and against any and all
claims, losses, costs and expenses (including attorneys’ fees) arising out of or relating to (a) any
breach (or claim, that if true, would be a breach) by you of these Terms and (b) your use of or activities in connection with the Site. We reserve the right, at our own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification by you. You shall
not enter into any settlement agreement which affects the rights of any of the Indemnified Parties
or requires the taking of any action by any of them, without our prior written approval.
Security
No measures designed to protect, secure, or preserve the integrity or confidentiality of information, including methods of transmission over the Internet or method of electronic storage, can guarantee the security of your information. Ninja makes no assurances regarding the security of your information.
GOVERNING LAW
THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD
TO THE CONFLICTS OF LAW PRINCIPLES THEREOF.
Consent to Jurisdiction
You hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of Delaware and of any federal court located in such State in connection with any action or proceeding arising out of or relating to Ninja or to your access to and use of the Site.
Entire Agreement
These Terms and Conditions are a final expression of the agreement between you and Ninja and
intended to be a complete and exclusive statement of the agreement and understanding of you and Ninja hereto in respect of the subject matter hereof. There are no restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. These Terms and Conditions supersede all prior agreements and understandings between the you and Ninja with respect to such subject matter.
Severability
If any one or more of the provisions contained, herein, or the application thereof in any
circumstance, is held invalid, illegal or unenforceable in any respect for any reason, the validity,
legality and enforceability of any such provisions hereof shall not be in any way impaired, unless
the provisions held invalid, illegal or unenforceable shall substantially impair the benefits of the
remaining provisions hereof.
Modifications
Ninja may amend the terms of use at any time in its discretion, by posting revisions on the Site.
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