Terms of service

WE ARE NOT CERTIFIED FINANCIAL ADVISORS AND NOTHING IN THIS WEBSITE IS AN ADVERTISEMENT OR RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, AND NEITHER ARE ANY OF THE PRODUCTS OR CONTENTS OF THIS SITE OR OUR SOCIAL MEDIA CHANNELS INTENDED TO INSTRUCT YOU ON HOW TO MAKE TRADING OR INVESTING DECISIONS. We provide custom thinkScripts and/or indicators to help people use the ThinkOrSwim trading platform from TD Ameritrade. TD Ameritrade provides financial services including the trading of Stocks, Futures, Options and Forex, and this website is not affiliated with them in any way. None of our products are endorsed by TD Ameritrade or any of its affiliates. The information contained on this website is solely for educational purposes. You must review and agree to our terms & conditions of use, disclaimers & privacy policy before using this site. U.S. Government Required Disclaimer - Commodity Futures Trading Commission. 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 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 discussed on this website.

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Who we are

Our website address is: http://thinkorswimindicators.com.

Overview

READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE

thinkorswimindicators.com OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

The Agreement governs the relationship between you and www.Thinkorswimindicators.com (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.

If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email at the address provided below. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.

You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.

By accepting this Agreement, you agree that you will not:

Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;

Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;

Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;

Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;

Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;

Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.

No Warranty

Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.

To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.

Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.

Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Software

In addition to free content, Company provides Software for purchase. Software includes indicators, scans, columns, code, studies, and other software that may be offered by the Company. There are no refunds on the purchase of Software.

Use License

Permission is granted to temporarily download one copy of the materials (information or Software) from the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on the Site;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Indemnification

You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.

Limitation of Liability

You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.

In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.

Governing Law

Company administers and operates the Site from Oklahoma City, Oklahoma. This Agreement is governed by and construed in accordance with the laws of the State of Tennessee, without reference to its choice of law principles. The venue for any dispute will be

Oklahoma City, Oklahoma . THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.

DISCLAIMER

DISCLAIMER: WE ARE NOT CERTIFIED FINANCIAL ADVISORS AND NOTHING IN THIS WEBSITE IS AN ADVERTISEMENT OR RECOMMENDATION TO BUY OR SELL ANY FINANCIAL INSTRUMENT, AND NEITHER ARE ANY OF THE PRODUCTS OR CONTENTS OF THIS SITE OR OUR SOCIAL MEDIA CHANNELS INTENDED TO INSTRUCT YOU ON HOW TO MAKE TRADING OR INVESTING DECISIONS.

We provide custom thinkScripts and/or indicators to help people use the ThinkOrSwim trading platform from TD Ameritrade. TD Ameritrade provides financial services including the trading of Stocks, Futures, Options and Forex, and this website is not affiliated with them in any way. None of our products are endorsed by TD Ameritrade or any of its affiliates. Due to the nature of our products being software, our policy is that all sales are final and there are no refunds or exchanges. The information contained on this website is solely for educational purposes, and does not constitute investment advice. The risk of trading in securities markets can be substantial. You must review and agree to our terms & conditions of use, disclaimers & privacy policy before using this site. U.S. Government Required Disclaimer - Commodity Futures Trading Commission. 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 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 discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results

CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.