Terms of service
These Terms of Service (“Terms”) govern your access to and use of Markplex Corporation’s websites, products, and services (“Products”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy policy. You also confirm you have read and agreed to our Privacy Policy.
1. Using Markplex Corporation’s Products
a. Who can use Markplex Corporation’s Products
You may use our Products only if you can form a binding contract with Markplex Corporation, and only in compliance with these Terms and all applicable laws. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device another Product is a membership product. When you purchase these Products (i.e. software products or membership, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you purchase Products on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
c. Downloadable software products
Only one person may install and use downloadable software products and/or training materials.
You may not:
1. Sell, email, transfer, rent, lease or assign this software or training materials or a copy of this software or training materials to someone else, or allow any third party to benefit from or access the software or training materials on a “service bureau,” hosted application, or similar basis.
2. Create derivative works derived from the software, except for personal use, without the prior written consent of Markplex Corporation.
3. Use the software, or any of its components, to create any product that competes with this software.
If you violate subsections 1, 2, and/or 3 of this section you agree to indemnify Markplex Corporation for its lost profits due to re-sale of the software or a copy or copies of the software.
There is a no refund policy for this product or service.
Software and/or training materials are provided for education purposes only, Markplex Corporation. Does not recommend that you use any trading strategies, indicators, showme studies, paintbar studies, probabilitymap studies, activitybar studies, functions (or any parts thereof) or techniques. The use of any such trading strategies, indicators, showme studies, paintbar studies, probabilitymap studies, activitybar studies, functions and techniques does not guarantee that you will make profits, increase profits, or minimize losses.
MARKPLEX CORPORATION AND IT’S WEB SITES, SOFTWARE AND TRAINING MATERIALS AVAILABLE ON MARKPLEX CORPORATION’S WEB SITES ARE NOT INTENDED TO PROVIDE INVESTMENT ADVICE. NOTHING ON MARKPLEX CORPORATION’S WEB SITES OR IN SOFTWARE PRODUCTS OR TRAINING MATERIALS CONSTITUTES A SOLICITATION OR RECOMMENDATION BY MARKPLEX CORPORATION FOR THE PURCHASE OR SALE OF ANY SECURITIES OR OTHER INVESTMENTS. MARKPLEX CORPORATION IS NOT A BROKER/DEALER OR AN INVESTMENT ADVISOR.
The information, materials, products and services on this Web site are made available subject to the following terms and conditions. Markplex Corporation reserves the right to change these terms and conditions at its sole discretion. This Web site and any downloads, videos, tutorials, programs and information contained herein is presented solely for educational, informational, and/or entertainment use and under no circumstances should be used for actual trading. We at Markplex Corporation are not Broker/Dealers, Financial Advisers or Registered Analysts. No offer or solicitation to buy or sell securities, securities derivatives, futures products or off-exchange foreign currency (forex) transactions of any kind, or any type of trading or investment advice, recommendation or strategy, is made, given or in any manner endorsed by Markplex Corporation. You are fully responsible for any investment or trading decisions you make. Futures and options trading has a 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.
This Web site is neither a solicitation nor an offer to buy and/or sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Web site. Past performance, whether actual or indicated by historical tests of strategies, is no guarantee of future performance or success. No warranties of profitability are being made or given. There is a possibility that you may sustain a loss equal to or greater than your entire investment regardless of which asset class you trade (equities, options futures or forex); therefore, you should not invest or risk money that you cannot afford to lose. CFTC RULE 4.41 – Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. 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. Screen shots on this site are examples and are not meant to imply that any of the programs or tutorials available on this Web site will generate profitable trades. EasyLanguage or PowerLanguage trading strategies, signals, studies, indicators, showme studies, paintbar studies, probabilitymap studies, activitybar studies, functions (and parts thereof) and associated techniques referred to, included in or attached to this tutorial or program description are examples only, and have been included solely for educational, informational, and entertainment use. Markplex Corporation does not recommend that you use any such trading strategies, signals, studies, indicators, showme studies, paintbar studies, probabilitymap studies, activitybar studies, functions (or any parts thereof) or techniques. The use of any such trading strategies, signals, studies, indicators, showme studies, paintbar studies, probabilitymap studies, activitybar studies, functions and techniques does not guarantee that you will make profits, increase profits, or minimize losses. Markplex Corporation assumes no liability for any damages, direct or otherwise, resulting from the use of this information and/or program(s) described, and no warranty is made regarding its accuracy or completeness. Use of this Web site including the information, tutorials and/or programs included on it is at your own risk. You shall indemnify and hold Markplex Corporation harmless from any and all liability, loss, trading losses, costs, damage, or expense, including attorneys’ fees you or third party may suffer (other than damage to your tangible property or injuries to employees occurring during the course of work) as a result of claims, demands, costs, or judgments arising out of third party and any other claims based on Markplex Corporation’s performance, including, but not limited to losses resulting from the use of Markplex Corporation developed software, programs, web sites, tutorials, or the TradeStation charting and/or trading platform. Any testimonials on this Web site may not be representative of the experience of other clients and are not indicative of future results or success.
This Web site contains or may contain references and links to other companies and/or their Web sites, none of which is under the control of Markplex Corporation. Markplex Corporation makes no representations, warranties or endorsements whatsoever about any other Web sites to which you may have access through the Markplex Corporation Web site, or any products or services of those other companies, even if the products or services of those other companies or their Web sites are described or offered on the Markplex Corporation Web site or integrated with Markplex Corporation’s products or services. TradeStation®, EasyLanguage® and PowerEditor® are registered trademarks of TradeStation Technologies, Inc. Other brand and product names which appear on this site are the trademarks or service marks of their respective owners, including: Microsoft® is a registered trademark in the United States Microsoft®Excel® is a registered trademark of Microsoft® Neither TradeStation Technologies nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, and neither does or will review, certify, endorse, approve, disapprove or recommend, any product or service that offers training, education or consulting regarding the use of EasyLanguage.
2. Security
We care about the security of our users. While we work to protect the security of your content and account, Markplex Corporation cannot guarantee that unauthorized third parties will not be able to defeat our security measures. We ask that you keep any passwords secure. Please notify us immediately of any compromise or unauthorized use of your account.
3. Third-party links, sites, and services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Markplex Corporation. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Markplex Corporation, you do so at your own risk and you agree that Markplex Corporation will have no liability arising from your use of or access to any third-party website, service, or content.
4. Termination
Markplex Corporation may terminate or suspend this license at any time, with or without cause or notice to you.
5. Indemnity
You shall indemnify and hold Markplex Corporation harmless from any and all liability, loss, trading losses, costs, damage, or expense, including attorneys’ fees you or third party may suffer (other than damage to your tangible property or injuries to employees occurring during the course of work) as a result of claims, demands, costs, or judgments arising out of third party and any other claims based on Markplex Corporation’s performance, including, but not limited to losses resulting from the use of Markplex Corporation developed software, programs, websites, tutorials, or the Tradestation charting and/or trading platform.
6. Disclaimers
The Products and all included content are provided on an “as is” basis without warranty of any kind, whether express or implied.
MARKPLEX CORPORATION SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
7. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKPLEX CORPORATION SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL MARKPLEX CORPORATION’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
8. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of Wyoming, without respect to its conflict of laws principles. This Agreement shall be construed in accordance with the laws of the United State, State of Wyoming and the venue for any legal actions shall be Sheridan, Wyoming, USA.
9. General terms
Notification procedures and changes to these Terms
Markplex Corporation reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Markplex Corporation without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Entire agreement/severability
These Terms, together with the Privacy policy and any amendments and any additional agreements you may enter into with Markplex Corporation in connection with the Products, shall constitute the entire agreement between you and Markplex Corporation concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Markplex Corporation’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Effective April 25, 2018
