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Futures, commodities, currency and options trading involves a substantial degree of risk and may not be suitable for all investors.
Past performance is not necessarily indicative of future results. This website provides only training and educational information. And by accessing any information of the Running Alpha Investments, Inc. site you agree to be bound by the terms of service and acknowledge the risk of trading as discussed below.
Thus in order to comply with all applicable rules and regulations please be so kind and read the Disclaimer Below:
DISCLAIMER
Last updated August 14th, 2023
WEBSITE DISCLAIMER
The information provided by Running Alpha Investments Inc. (“we,” “us,” or “our”) on https://launchpass.com/runningalphainc/alphatradingbox/v2 and any other landing pages/associated links in e-mails, attachments and/or landing page variants ) and RunningAlpha.com ( the “Sites”), including, but not limited to our mobile applications and any other affiliate website(s) of Running Alpha ( and its affiliates ) in the present and future are for general informational and entertainment purposes only.
All information on the Site and our mobile application is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site or our mobile application.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR OUR MOBILE APPLICATION OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE AND OUR MOBILE APPLICATION. YOUR USE OF THE SITE AND OUR MOBILE APPLICATION AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE AND OUR MOBILE APPLICATION IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site and our mobile application may contain (or you may be sent through the Site or our mobile application) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFESSIONAL DISCLAIMER
DISCLAIMER & SERVICE TERMS AND CONDITIONS: Speculation in Equities, Futures, commodities, currency and options trading involves a substantial degree of risk and may not be suitable for all investors. Past performance is not necessarily indicative of future results. This website provides only training and educational information. And by accessing any information of the Running Alpha Investments, Inc. site you agree to be bound by the terms of service and acknowledge the risk of trading as discussed below. Thus, in order to comply with all applicable rules and regulations please be so kind and read the Disclaimer Below: Running Alpha Investments, Inc. and support staff, associates, and/or affiliates is not an investment advisory service, or a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The analysis and employees or affiliates of this Company may hold positions in stock, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities , futures, derivatives, or currencies and commodities. This company, the authors, the publisher, and all affiliates of company assume no responsibility or liability for your trading and investment results. Factual statements on the company’s website, or in its publications, are made as of the date stated and are subject to change without notice. In summary, active trading is not a game. It is not recommended for inexperienced traders or for persons who do not have sufficient resources and time to devote to their trading activities. Active trading is a serious commitment that should not be undertaken unless you are able to handle high risk and high stress well, and are willing to consistently adhere to objective and disciplined trading strategies and approaches. This is not investment advice. Although Efrem provides macro-market and equity-focused consulting services to sophisticated alternative asset managers and boutique research advisories in Canada and Abroad, Neither Efrem Hoffman nor Running Alpha is a registered investment advisor. Under no circumstances should any content from this e-Mail and/or its website link(s) be used or interpreted as a recommendation for any investment or trading approach to the markets. Trading and investing can be hazardous to your wealth. Any investment decisions must in all cases be made by the reader or by his or her registered investment advisor. This is strictly for educational and informational purposes – and only reflects the output of Running Alpha’s Market Intelligence. Mr. Hoffman and/or Running Alpha may have numerous positions within the market at any given time that are not disclosed of at the time of publication. All opinions expressed by Mr. Hoffman and/or Running Alpha are subject to change without notice, and you should always obtain current information and perform the appropriate due diligence before making any investment or trading decision. All efforts are made to ensure that the information contained within the Running Alpha site is factual and accurate – however, neither Mr. Hoffman nor Running Alpha, under any circumstances, can guarantee its accuracy or those of its underlying sources.
Please read these terms in their entirety…
THESE TERMS OF USE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RUNNING ALPHA INVESTMENTS, INC. (“WE” OR “OUR”). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING ANY RUNNING ALPHA INVESTMENTS, INC. WEBSITE OR SERVICES, SOFTWARE OR OTHER MATERIALS (COLLECTIVELY THE “SERVICE”, AS IN REFERENCE TO EDUCATIONAL AND MARKET INTELLIGENCE SERVICES PROVIDED BY RUNNING ALPHA INVESTMENTS, INC ), YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
REFUND and CANCELLATION POLICY
To protect the integrity of ourpremium subscibers and the costs of onboarding new clients with our technology protocols, cancellations are only possible before the end of each subscription interval. Our flagship subscription service is on a monthly basis, unless otherwise indicated on the signup form or landing page, so cancellations must be made at least one day before automatic renewal of each subscription interval, which is based on the day of the month you signed up. Regardless of your method of payment, there are no refunds for charges already made within the current active billin periods, but you can easily cancel before the next billing period is charged.
To cancel, it is best to indicate on the messgaging platform, through a direct message to Efrem Hoffman and/or Running Alpha. You should also send an e-mail as well directly to [email protected].
1. Use of Running Alpha Investments, Inc. Website and/or Services
The contents of the Service such as text, graphics, images, logos, audio, video, hypertext markup language, software, and other content and the selection and arrangement thereof (collectively, “Running Alpha Investments, Inc.’s Content”), are the property of Running Alpha Investments, Inc. and/or its business partners, affiliates, assigns, licensors or other respective owners. The Running Alpha Investments, Inc. Content is protected under both Canadian and international intellectual property laws. Running Alpha Investments, Inc. may include third party advertisements in or with some Running Alpha Investments, Inc. Content or in conjunction with your User-Supplied Content. You hereby consent to the display and playback of these advertisements in conjunction with your User-Supplied Content. To the extent you elect to use or access Running Alpha Investments, Inc. Content or User-Supplied Content from other Users, you also consent to the display of advertisements therein.
Subject to all of the terms and conditions of this Agreement, Running Alpha Investments, Inc. hereby grants you a single user, limited, non-exclusive, non-transferable and revocable right to view or receive Running Alpha Investments, Inc. Content on your compatible computer or device solely for your own investment research application use in connection with the Service and solely as authorized by Running Alpha Investments, Inc. in connection with the Service. Running Alpha Investments, Inc. reserves the right to revoke this limited license at any time in its entirety or with respect to any Running Alpha Investments, Inc. Content, for any reason, and at the sole discretion of Running Alpha Investments, Inc..
Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Running Alpha Investments, Inc. and/or its affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner. All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the Running Alpha Investments, Inc. Content is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or Running Alpha Investments, Inc. Content is free or you have paid for it; you will not obtain any ownership interest in any Running Alpha Investments, Inc. Content through this Agreement or otherwise. You agree not to use, download, reproduce, modify, create derivative works from, summarize, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Running Alpha Investments, Inc. Content or any summaries or
restatements of any Running Alpha Investments, Inc. Content to any third party, except as expressly authorized by Running Alpha Investments, Inc. in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
2. Disclaimer of Liability and Warranty.
Running Alpha Investments, Inc. disclaimers of liability in this Section are in addition to any other disclaimers elsewhere in this Agreement. Running Alpha Investments, Inc. has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in Running Alpha Investments, Inc. sole discretion. Running Alpha Investments, Inc. has no liability or responsibility to Users for performance or nonperformance of such activities. Running Alpha Investments, Inc. is not responsible to you for your reliance on or use of any content or materials constituting all or part of any Running Alpha Investments, Inc. Content, any User-Supplied Content, or any other aspect of the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service, is your sole risk and responsibility. By viewing the Service, you may be exposed to content that you rely upon to your detriment. You take sole responsibility for such exposure and reliance.
Because user authentication on the Internet is difficult, Running Alpha Investments, Inc. cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings, nor do we control the behavior of participants on any portion of the Service, you release Running Alpha Investments, Inc. (and our licensors, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute among or between you and one or more Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Running Alpha Investments, Inc., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE USE OF THE SERVICE ENTIRELY IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, Running Alpha Investments, Inc. MAKES NO WARRANTIES THAT (A) THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR TIMELY (B) THE SERVICE WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU WILL NOT HOLD Running Alpha Investments, Inc. RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE AND/OR THE Running Alpha Investments, Inc. CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE OTHER THAN A WRITTEN AGREEMENT EXECUTED BY AN OFFICER OF Running Alpha Investments, Inc. SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO Running Alpha Investments, Inc.. UNDER NO CIRCUMSTANCES SHALL Running Alpha Investments, Inc. BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE Running Alpha Investments, Inc. CONTENT.
3. Limitation of Liability.
IN NO EVENT SHALL Running Alpha Investments, Inc., ITS OFFICERS, AGENTS, LICENSORS OR SUBCONTRACTORS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST INCOME, PROFIT, OR GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RELATING IN ANY WAY TO ANY ELEMENT OF THE SERVICE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Running Alpha Investments, Inc. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, Running Alpha Investments, Inc., SHALL BE
ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
4. Third Party Links and Products.
Running Alpha Investments, Inc. controls only the Running Alpha Investments, Inc. Content and any other web site that Running Alpha Investments, Inc. represents it controls, as stated on such other web site. Running Alpha Investments, Inc. does not control or endorse any other web site to which Running Alpha Investments, Inc. may link or on which elements of the Service may appear, or any services or products offered by third parties through the Service or the Running Alpha Investments, Inc. Content. Running Alpha Investments, Inc. does not provide or make any representation or warranty as to such third party sites, nor as to the quality or nature of any of the third party products or services purchased through the Service. Any such undertaking, representation, warranty or guarantee would be furnished solely by the proprietor of the applicable web site or the provider of the
relevant product, under the terms agreed to by that third party.
5. Copyright Agent
Unauthorized copying or distribution of copyrighted Running Alpha Investments, Inc. Content or User-Supplied Content is an infringement of the copyright holder’s rights. At our discretion and in appropriate circumstances, Running Alpha Investments, Inc. may revoke the license of Users who infringe upon the copyright, or other intellectual property rights, of others.
Pursuant to Canadian Copyright Laws, our designated agent for notice of alleged copyright infringement on the Service is:
Attn: Copyright Agent
Running Alpha Investments, Inc.
mailto: [email protected]
A notification of claimed infringement related to the Service must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- B. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- C. Information related to the work(s) reasonably sufficient for Running Alpha Investments, Inc. to promptly locate the work (e.g. title of work, location within the Service, etc.);
- D. Information reasonably sufficient to permit Running Alpha Investments, Inc. to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- E. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- F. A statement requesting that Running Alpha Investments, Inc. take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
- G. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. U.S. Government Restricted Rights
All Running Alpha Investments, Inc. Content supplied by or through the Service are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Canadian, and/or the United States Government is subject to restrictions as set forth in FAR52.22724 and DFAR252.227-7013 et seq. or their successor regulations. Use of any of such by the Government constitutes acknowledgment of our or our suppliers’ proprietary rights in them. In the event that the Agreement, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
7. Remedies
The remedies described in this section are in addition to the right of termination described under “Termination” and any remedies described elsewhere in this Agreement. Running Alpha Investments, Inc. reserves the right in its sole discretion to investigate and take legal action against anyone who violates the Code of Conduct or otherwise violates this Agreement, including without limitation, removing offending User-Supplied Content from the Service and/or suspending the offending User’s ability to access the Service. Further, Running Alpha Investments, Inc. may take any other action with respect to User-Supplied Content or User actions that it deems necessary or appropriate in its sole discretion, up to and including involving, and cooperating with, law enforcement authorities.
You understand and agree that any unauthorized use of the Service would result in irreparable injury to Running Alpha Investments, Inc. for which money damages would be inadequate, and in such event Running Alpha Investments, Inc., shall have the right, in addition to other remedies available at law and in equity, to immediate injunctiverelief against you. Nothing contained in this paragraph or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that Running Alpha Investments, Inc. may have under separate legal authority, including but not limited to, any claim for intellectual property infringement. You understand and agree that your cancellation of your Account is your sole right and remedy with respect to any dispute with Running Alpha Investments, Inc. unless you are specifically granted additional remedies by applicable law despite your agreement to so limit your remedies. In that case, your remedies shall be limited to those specifically provided by applicable law. You agree to defend, indemnify, and hold harmless Running Alpha Investments, Inc., its partners, parent, subsidiaries, affiliates, agents, distributors, contractors and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: (a) any improper, unauthorized or illegal uses of your User name, password and/or your Account (including illegal, unauthorized or improper use by anyone to whom you have given permission to use your User name, password and/or Account), (b) any User-Supplied Content or other material you provide to any Running Alpha Investments, Inc. Site, (c) your use of any Running Alpha Investments, Inc. Content, or (d) your breach of the terms of this Agreement, including without limitation the Code of Conduct. Running Alpha Investments, Inc. shall provide notice to you promptly of any such claim, suit, or proceeding.
8. Suspension or Termination
Running Alpha Investments, Inc. may, in its sole discretion, terminate this Agreement or suspend your Account at any time with or without notice to you in the event that you breach (or Running Alpha Investments, Inc. reasonably suspects that you have breached) any provision of this Agreement, or if Running Alpha Investments, Inc. is unable to verify or authenticate any information you submit to Running Alpha Investments, Inc. as part of the registration process. If Running Alpha Investments, Inc. terminates this Agreement, or suspends your Account for any of the reasons set forth in this paragraph, Running Alpha Investments, Inc. shall have no liability or responsibility to you, and you agree that you forfeit any amounts you have paid Running Alpha Investments, Inc.. Running Alpha Investments, Inc. may terminate this Agreement and your Account for any reason or no reason at the end of the then-current Term by providing notice to you.
You may cancel your Account (including Subscription Services) at any time by making an on-line request at Running Alpha Investments, Inc.. All fees paid prior to termination as provided herein are nonrefundable, including any advance payment for the subscription term during which you terminate your subscription. Termination of your subscription shall not relieve you of any obligations to pay. Upon termination of this Agreement for any reason, all of your rights to use the Service and materials shall immediately terminate, and you shall immediately cease using and destroy all Running Alpha Investments, Inc. Content; provided, however, that you are still responsible under the terms of this Agreement for any and all actions you may have taken prior to termination.
9. Modifications to Service and Running Alpha Investments, Inc. Content
Running Alpha Investments, Inc. may, without liability or obligation, in its sole discretion and at any time make modifications to, or discontinue, any Running Alpha Investments, Inc. Content and/or other elements of the Service, with or without providing you with notice (except as we may expressly agree to provide you with notice elsewhere in this Agreement). The modifications may result in certain Running Alpha Investments, Inc. Content being unavailable, or incompatible with certain devices. Other Users may similarly delete or cease offering their User-Supplied Content at any time without notice.
10. Notices
Running Alpha Investments, Inc. may provide you with any notices under this Agreement by means of a posting on the Service, by email, or by sending a message to you through the Service.
11. Claims and Arbitration
Any action hereunder by a User must be brought, if at all, within one (1) year from the accrual of the cause of action. You agree that the all disputes and claims arising out of, or relating to, this Agreement or any element of the Service, your use of any element of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Running Alpha Investments, Inc., shall be determined exclusively by final and binding arbitration. Provided however, that you agree that the terms of this paragraph do not apply to any breach or alleged breach of the ownership or license rights of Running Alpha Investments, Inc. or any of its licensors with respect to any Running Alpha Investments, Inc. Content and/or other elements of the Service, or your (or any third party’s) misuse of the Running Alpha Investments, Inc. Content and/or Service, and that, in the event of any such breach of alleged breach, Running Alpha Investments, Inc. and its licensors will be irreparably harmed and entitled to equitable and injunctive relief in addition to all other remedies provided by this Agreement or available at law. The arbitration shall be conducted under the Commercial Arbitration Rules (CAR) of the Canadian Arbitration Association before a panel of three arbitrators and conducted in Ontario, Canada. You and Running Alpha Investments, Inc. also agree that the CAR Optional Rules for Running Alpha Investments, Inc. Measures of Protection shall apply to the proceedings. Except as expressly set forth in this paragraph, you and Running Alpha Investments, Inc. may litigate in court only to compel arbitration under this Agreement to enter judgment on the award rendered by the arbitrators, or to vacate or modify the arbitrators’ award to the minimum extent and only for the specific reasons permitted by applicable law. To the extent that you have breached or have indicated your intention to breach this Agreement in any manner which violates or may violate Running Alpha Investments, Inc. or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to Running Alpha Investments, Inc. (including, but not limited to, any breach that may impact Running Alpha Investments, Inc. or it’s licensor’s intellectual property rights, or a breach by reverse engineering), Running Alpha Investments, Inc. may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. To the fullest extent permitted by applicable law: no arbitration under this Agreement shall be joined to an arbitration involving any other current or former licensee of Running Alpha Investments, Inc., whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral effect in any arbitration hereunder (unless determined in another proceeding between you and Running Alpha Investments, Inc.); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Running Alpha Investments, Inc.).
12. International
Running Alpha Investments, Inc. makes no claims that the Running Alpha Investments, Inc. Content may be lawfully viewed or accessed outside of the United States. Access to the Running Alpha Investments, Inc. Content may not be legal by certain persons or in certain countries. If you access the Service from outside of the United States or provide any Running Alpha Investments, Inc. Content or User-Supplied Content to any third party not a United States citizen, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction and / or the jurisdiction of the third party receiving such content.
13. General
As used in this Agreement the term “licensor” or “supplier” shall not refer to the person at that time entering into the Agreement. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein. This Agreement is governed by the internal substantive laws of the the Provice of Ontario, Canada, without respect to its conflict of laws principles. The United Nations Convention of Contracts for the International Sale of Goods will not govern this Agreement, and is hereby expressly excluded. Jurisdiction for any claims arising under this agreement shall be governed by the provision concerning arbitration above, and shall otherwise lie exclusively with the Province of Ontario, Canada or Federal courts within Ontario, Canada. Capitalized terms shall have the meaning set forth in this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Running Alpha Investments, Inc. failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a separate executed agreement, additional terms of use for areas of the Service, or a specific “Legal Notice”, this Agreement and the Privacy Policy with ON-LINE DISCLAIMER at Running Alpha Investments, Inc., constitute the entire agreement between YOU and Running Alpha Investments, Inc. with respect to the use the Service. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. However, this Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void.
14. Changes to the Agreement
Running Alpha Investments, Inc. reserves the right, in its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. If you have established an Account, we will attempt to inform you of any modifications to this Agreement that affect your obligations to Running Alpha Investments, Inc. or our obligations to you by: (a) sending you an email at the email address you provided as part of the registration process or including a notice in our regular email correspondence to you, (b) by a message to you at the time you log into the Service, or (c) a notice to you in connection with any renewal invoice. If you do not agree with any such modifications, your sole remedy is the termination of your Account, which you may request on-line at Running Alpha Investments, Inc.
Your continued use of the Service after receiving notice of any modifications indicates your acceptance of the modified Agreement. If you have not established an Account, any modifications to this Agreement will be effective as to you upon Running Alpha Investments, Inc. posting the new terms and/or upon implementation of the new changes on the Service. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of the Service after any modifications indicates your acceptance of the modified Agreement.
To add clarity on any items mentioned above, the following SERVICE TERMS OF USE apply: Remember, it is important to read these additional terms of service use below in their entirety… THESE SERVICE TERMS OF USE (THE “AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RUNNING ALPHA INVESTMENTS, INC. (“WE” OR “OUR”). BY CHECKING THE APPROPRIATE BOX INDICATING THAT YOU AGREE DURING REGISTRATION OR OTHERWISE ACCESSING ANY RUNNING ALPHA INVESTMENTS, INC. WEBSITE OR SERVICES, SOFTWARE OR OTHER MATERIALS (COLLECTIVELY THE “SERVICE”, AS IN REFERENCE TO EDUCATIONAL AND MARKET INTELLIGENCE SERVICES PROVIDED BY RUNNING ALPHA INVESTMENTS, INC ), YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE FOLLOWING TERMS AND CONDITIONS, PLEASE DO NOT CONTINUE THE REGISTRATION PROCESS OR USE THE SERVICE.
1. Use of Running Alpha Investments, Inc. Messaging Channel / Services The contents of the Service such as text, graphics, images, logos, audio, video, hypertext markup language, software, and other content and the selection and arrangement thereof (collectively, “Running Alpha Investments, Inc.’s Content”), are the property of Running Alpha Investments, Inc. and/or its business partners, affiliates, assigns, licensors or other respective owners. The Running Alpha Investments, Inc. Content is protected under both Canadian and international intellectual property laws. Running Alpha Investments, Inc. may include third party advertisements in or with some Running Alpha Investments, Inc. Content or in conjunction with your User-Supplied Content. You hereby consent to the display and playback of these advertisements in conjunction with your User-Supplied Content. To the extent you elect to use or access Running Alpha Investments, Inc. Content or User-Supplied Content from other Users, you also consent to the display of advertisements therein. Subject to all of the terms and conditions of this Agreement, Running Alpha Investments, Inc. hereby grants you a single user, limited, non-exclusive, non-transferable and revocable right to view or receive Running Alpha Investments, Inc. Content on your compatible computer or device solely for your own investment research application use in connection with the Service and solely as authorized by Running Alpha Investments, Inc. in connection with the Service. Running Alpha Investments, Inc. reserves the right to revoke this limited license at any time in its entirety or with respect to any Running Alpha Investments, Inc. Content, for any reason, and at the sole discretion of Running Alpha Investments, Inc. Except as expressly set forth in this Agreement, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of Running Alpha Investments, Inc. and/or its affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner. All rights not expressly granted to you are reserved. For the avoidance of doubt, your use of the Service and the Running Alpha Investments, Inc. Content is under license and will terminate if this Agreement terminates, regardless of whether the relevant Service or Running Alpha Investments, Inc. Content is free or you have paid for it; you will not obtain any ownership interest in any Running Alpha Investments, Inc. Content through this Agreement or otherwise. You agree not to use, download, reproduce, modify, create derivative works from, summarize, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate any Running Alpha Investments, Inc. Content or any summaries or restatements of any Running Alpha Investments, Inc. Content to any third party, except as expressly authorized by Running Alpha Investments, Inc. in connection with the Service. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. 2.Disclaimer of Liability and Warranty. Running Alpha Investments, Inc. disclaimers of liability in this Section are in addition to any other disclaimers elsewhere in this Agreement. Running Alpha Investments, Inc. has the right, but not the obligation, to monitor, modify, restrict the contribution of and/or remove User-Supplied Content, in Running Alpha Investments, Inc. sole discretion. Running Alpha Investments, Inc. has no liability or responsibility to Users for performance or non-performance of such activities. Running Alpha Investments, Inc. is not responsible to you for your reliance on or use of any content or materials constituting all or part of any Running Alpha Investments, Inc. Content, any User-Supplied Content, or any other aspect of the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User-Supplied Content that you access through your use of the Service, is your sole risk and responsibility. By viewing the Service, you may be exposed to content that you rely upon to your detriment. You take sole responsibility for such exposure and reliance. Because user authentication on the Internet is difficult, Running Alpha Investments, Inc. cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings, nor do we control the behavior of participants on any portion of the Service, you release Running Alpha Investments, Inc. (and our licensors, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute among or between you and one or more Users. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
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TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
The testimonials on the Site are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.
To add clarity, Running Alpha Investments, Inc. and support staff, associates, and/ or affiliates is not an investment advisory service, or a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The analysis and employees or affiliates of this Company may hold positions in stock, currencies or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities , futures, derivatives, or currencies and commodities. This company, the authors, the publisher, and all affiliates of company assume no responsibility or liability for your trading and investment results. Factual statements on the company’s website, or in it publications, are made as of the date stated and are subject to change without notice.
NOTE: Any references to corporations or specific parties or entities are NOT statements about their fundamental value, balance sheet condition, or their operational stability; but rather, opinions expressed are solely a high conviction and calculated judgment based on the potential tail-risk and basis risk associated with the share price of the company’s ticker symbol. Our statements are derived from mathematical functions of market sentiment, as observed through the lens of human market perceptions (of risk, momentum and volatility change), which incorporate the behavioral biases of market participants and their demographic makeup across different trading time lines—when it comes to risk-taking and profit seeking. In no way should the research intelligence and or video alert (or any alerts, broadcasts or updates given by Efrem Running Alpha Investments, Inc and or Running Alpha Investments, Inc. or any of their associated companies and/or entities) be taken as a recommendation for action to buy and/or sell securities of any kind. In addition, this is also are not a solicitation for investing in securities of any kind. This video is strictly for research and informational purposes.
It should not be assumed the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you, In addition, the indicators, method of analysis, strategies, columns, articles , videos and all other features of Company’s products (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Company’s website are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the information in making any investment. Rather, you should use the information only as a starting point for doing additional independent research in order to allow you to form you own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING AND MAY NOT BE IMPACTED BY BROKERAGE AND OTHER SLIPPAGE FEES. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
Testimonial Disclaimer:
The testimonials in this site may not be representative of the experience of other clients. The testimonials are no guarantee of future performance or success. These are not paid testimonials.
Any of our advertisements employing an endorsement reflects the experience of an individual or a group of consumers on a central or key attribute of the product or service should not be interpreted as representing that the endorser’s experience is representative of what consumers will generally achieve with the advertised product in actual, albeit variable, conditions of use. We maintain all of our endorsers may have limited applicability of experience to what consumers may generally expect to achieve. Performance results described by any endorser are non-audited and should not be considered representative of what consumers will generally achieve with the advertised product in actual, albeit variable, conditions of use.
COMMISSION ADVISORY
Beware of Websites Selling Commodity Trading Systems that Guarantee High Profits with Minimal Risks. The United States Commodity Futures Trading Commission (CFTC), the federal agency that regulates commodity futures and options markets in the United States, has witnessed an increase in the number of Internet websites fraudulently promoting commodity trading systems and advisory services. Among other things, these websites falsely claim that advertised performance results are based on real trading when, in fact, the results are based on hypothetical trading. The CFTC urges you to be skeptical when promoters of trading systems and advisory services claim that their products and services will earn high profits with minimal risks. You also should be forewarned that systems which trigger frequent trading signals as part of a daytrading strategy can result in substantial commissions and fees.
NO TRADING SYSTEM CAN GUARANTEE PROFITS
Commodity trading systems typically are computerized programs that signal members of the public when to buy and sell commodity futures and options contracts. Systems produce buy and sell signals based on mathematical formulas and are typically based on technical analysis of trading data (trading volume and prices), as opposed to fundamental analysis (analysis of economic factors such as supply and demand). Trading systems that are based on technical analysis attempt to predict future price movements based on historical prices, price relationships and price trends. In deciding whether to purchase a particular trading system to trade commodity futures or options, members of the public should remember that no commodity trading system can guarantee profits. And, whether or not a trading system is used, commodity futures and options are typically high-risk endeavors.
HYPOTHETICAL TRADING RESULTS CAN BE UNRELIABLE
Many trading system promoters advertise their systems by reporting hypothetical trading results. Hypothetical trading results typically are based on trading simulations using historical price data or simulated “real time” computer trading. To obtain these results, trading system promoters typically pretend that they traded futures contracts at market prices that occurred some time in the past. They then calculate the trading results that these purported trades would have achieved had they been placed, based on actual historical prices. These results often show impressive trading results and large net profits with only a few, small margin calls.
Whether based on historical data or simulated “real time” trading, hypothetical results do not reflect the results of any actual trading. In other words, there is no actual futures account, no actual investment, no actual trading, and no actual profits. The results are purely the product of simulation.
Hypothetical trading results have several inherent limitations:
20/20 Hindsight with Historical Results — Since the trading systems that produced the results were not actually traded under real market conditions, the purported results fail to take into account market circumstances that affect traders and their decision-making process, such as anticipated news events that could have an impact on the supply, demand or price of the commodity.
“Real-time” is not Real — When marketing trading systems, some promoters claim that their systems have performed successfully in “Real-time Trading.” “Real-time Trading” only means that the system has been tested using a live data-feed, rather than being tested using historical market data. In “Real-time Trading,” however, no trades have actually been placed in the market. Performance results based on “Real-time Trading” are merely a form of hypothetical results, with the same limitations.
Financial Limitations — Hypothetical results may not adequately take into account the ability of a trader to absorb trading losses or to meet margin calls. Trading systems assume that the trader can withstand all losses generated by the system and can meet resulting margin calls. It is much easier to absorb a trading loss on paper (hypothetically) than to do so in reality. Many traders find it unacceptable to sustain several consecutive trading losses and/or margin calls. Moreover, in an actual trading environment, a trader’s financial condition may change over time and affect his or her ability to continue following a trading system.
Not Tested Under Real Market Conditions — Hypothetical trading results assume that futures contracts have been bought and sold at specific prices. Since these assumptions have not been subjected to actual market conditions, they may overestimate or underestimate the performance of a system. In addition, some market conditions may make it impossible to execute a trade. For instance, many systems assume that stop-loss orders will be executed at their stop price. Under actual market conditions a stop-loss order might be executed at a better or worse price, or not be executed at all. Further, actual market conditions include bid/ask spreads which might not be reflected in the prices used in hypothetical trading. Moreover, the actual execution of a trade could impact the price paid, especially in less liquid or illiquid markets.
Possible “Rigging” of Results — A member of the public should be alert to the possibility that the system promoter manufactured results by selecting historical trades that would have yielded the greatest returns.
Trading and System Costs — The profit claims of promoters may fail to take into consideration the cost of purchasing or leasing a trading system. While the prices of systems vary, many are sold for thousands of dollars. In addition, most of these systems require that the user obtain a data feed from a vendor. System promoters may also fail to take into consideration the impact on profits of commissions and fees charged by brokers in connection with futures and options trading. Such commissions can have a substantial effect on profitability, particularly when the system generates frequent trading signals. A user should take all of these costs into account because they raise the break-even point in trading.
Because of these limitations, CFTC Regulations require that the presentation of hypothetical trading results be accompanied by a specific cautionary statement warning of the inherent limitations of these results.
FUTURES CONTRACTS ARE VOLATILE AND RISKY
Persons considering trading commodity futures or options should educate themselves about futures and options and realize that they may lose large sums of money. Remember: “If it sounds too good to be true, it probably is too good to be true.” The following checklist should help consumers in deciding whether to use a trading system.
IS A FUTURES/OPTIONS TRADING SYSTEM RIGHT FOR YOU?
- Do you have the financial ability to sustain trading losses and meet margin calls? When trading futures contracts on margin, you risk losing much more money than the initial margin amount. If the market moves against you, you may be required to pay additional funds. The use of margin creates potentially large exposures to loss.
- Can you lose your entire investment and more without a change in your lifestyle?
- Do the trading results sound too good to be true?
- Are the advertised trading results based on actual trading or “hypothetical” trading?
- Has any trader used the system in actual trading? If so, how has the trader fared?
- Will the system promoter provide you with independent verification of the claimed trading results?
- What is the total cost of the system?
- Have you factored into your purchasing decision the impact of commissions and fees that can result from frequent trading?
- What are the additional costs (data feed, etc)?
Not all system promoters are required to be National Futures Association (NFA) members or registered with the CFTC. A call to the NFA (800-621-3570 or 800-676-4NFA) or the CFTC, or a visit to the NFA’s website at http://www.nfa.futures.org/basicnet/, can confirm the status of a particular promoter.
Have you checked with the NFA whether the system promoter has been disciplined by commodity regulators?
Questions concerning this advisory may be addressed to the CFTC’s Office of Public Affairs at (202) 418-5080.
Commodity Futures Trading Commission
Three LaFayette Centre
1155 21st Street, N.W.
Washington, D.C. 20581
For other consumer advisories concerning possible fraudulent activity in the commodity futures and options industry, click on Consumer Alerts.
The CFTC’s website also offers general information about trading in the commodity futures and options markets. For example, the CFTC offers brochures on-line, such as “Futures and Options What You Should Know Before You Trade” and “Glossary: The Language of the Futures Industry.” To obtain this and other information, go to the CFTC site map.
The Federal Trade Commission’s Advisory – Day Trading Ads: Cutting Through the “Bull”
Updated February 1, 2001
Finally, In Case You Were Not Clear About the Risk of Trading, this Summary of the Above is also Included:
RISKS OF ACTIVE TRADING:
All of the Strategies are Presented “as is”. Be careful when setting up full automation to make choices that fit YOUR risk taking ability.
You should carefully consider the following points before engaging in an active trading strategy or what is sometimes called “day trading”.
Active trading or day trading may be described as engaging in frequent purchase and sale transactions (at least several per week and, for some active traders, often numerous transactions per day) using systematic or strategic approaches.
* Active trading has a very high level of risk. Active trading generally is not appropriate for someone of limited resources or limited investment or trading experience of low-risk tolerance. You should be prepared to lose all of your funds that you invest in your trades.
In particular, you should not fund this type of trading 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.
* Be cautious of claims of large profits from active trading. You should be wary of advertisements or other statements that emphasize the potential for large profits from active trading. Active trading may result in few or no profits, and worse, may lead to large financial losses very quickly.
* Active trading requires sophisticated knowledge of securities markets. Active trading requires in-depth knowledge of the securities markets and of sophisticated and disciplined trading techniques and strategies. Also you must compete with professional, licensed traders employed by securities firms and other knowledgeable, experienced and well-trained traders. You should have appropriate knowledge and experience before engaging in active trading.
* Active trading requires in-depth knowledge of your broker’s operations. An important part of executing active trading strategies is the quality and consistency of the order execution services you use. Whether you use the services of professional brokers or electronic systems, your success will be affected by their strengths and weaknesses and the methods and practices of the brokerage firm in executing trades. You should develop an intimate knowledge of these matters before you engage in active trading.
* Active trading may result in you paying large commissions. You pay commissions on each trade you make. The more actively you trade, the more commissions will increase your losses or reduce your profits.
* Active trading on margin or short selling may result in losses beyond your initial investment account amount. When you actively trade with borrowed funds, you can lose more than you originally placed as risk. A decline in the value of the securities that are purchased may require you to provide additional funds to avoid the forced sale of those securities or other securities or collateral in or for your account. Short selling as part of your trading strategy also may lead to large losses, because you may have to purchase a stock at a very high price in order to cover a short position.
* You may sustain a total loss of the funds you deposit with your broker to establish or maintain a position in the commodity futures 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.
* 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”).
* The above is not a complete list of the risks in trading. And you should further consult your broker concerning the nature of the protections available to safeguard funds or property deposited for your account.
THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY AND FUTURES MARKETS.
In summary, active trading is not a game. It is not recommended for inexperienced traders or for persons who do not have sufficient resources and time to devote to their trading activities. Active trading is a serious commitment that should not be undertaken unless you are able to handle high risk and high stress well, and are willing to consistently adhere to objective and disciplined trading strategies and approaches.
This is not investment advice. Although Efrem provides macro-market and equity-focused consulting services to sophisticated alternative asset managers and boutique research advisories in Canada and Abroad, Neither Efrem Hoffman nor Running Alpha is a registered investment advisor. Under no circumstances should any content from this e-Mail and/or its website link(s) be used or interpreted as a recommendation for any investment or trading approach to the markets. Trading and investing can be hazardous to your wealth. Any investment decisions must in all cases be made by the reader or by his or her registered investment advisor. This is strictly for educational and informational purposes – and only reflects the output of Running Alpha’s Market Intelligence. Mr. Hoffman and/or Running Alpha may have numerous positions within the market at any given time that are not disclosed of at the time of publication. All opinions expressed by Mr. Hoffman and/or Running Alpha are subject to change without notice, and you should always obtain current information and perform the appropriate due diligence before making any investment or trading decision.
All efforts are made to ensure that the information contained within the Running Alpha site is factual and accurate – however, neither Mr. Hoffman nor Running Alpha nor any of its affiliates in the present and future, under any circumstances, can guarantee its accuracy or those of its underlying sources.
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