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By submitting your paid membership you agree to everything
on this page. Please contact us if you are unsure of
the terms & conditions on this page so that we may
help you before proceeding with a paid membership.
Thank you for visiting our website. This page is packed
with a lot of information and it may take you more than
one deep breath to read it in its entirety. In today's
world it's important to take several deep breaths to
envelop all points of Agreement, such as this, that
were at one time referred to as 'common sense'. Oh,
and don't forget that eating lead based paint chips
can be harmful and never mictate on an electric fence
- ouch! If you wish to use absolutedaytrader.com, you
must agree to conform to and be legally bound by the
terms and conditions of use described below.
IF YOU DISAGREE WITH ANY OF
THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
INTRODUCTION
You may be referred to as Subscriber or Licensee.
The terms 'You' or 'Licensee' or 'Subscriber' includes
you and any of your owners, employees, partners, independent
contractors, subsidiaries, affiliates, attorneys, agents,
heirs, and assigns.
We may be referred to as Publisher or Licensor. The
terms 'Absolute Daytrader', 'New Millennium IBP, Inc.',
'Us,' 'We,' 'Publisher' or 'Licensor' includes and our
owners, employees, subsidiaries, independent contractors,
agents, attorneys, and assigns.
PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS
OF USE
Our privacy policy is part of, and subject to, these
terms and conditions of use. You may view our privacy
policy Here.
RISK DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS
OF USE
Our risk disclaimer is part of, and subject to,
these terms and conditions of use. You may view our
risk disclaimer Here.
MEMBERSHIP AND SUBSCRIPTION TERMS ARE EQUAL IN DEFINITION
AND REFER TO YOUR PAID ACCESS TO OUR SIGNAL GENERATION
SERVICES AND YOUR RECEIPT OF TRADING SOFTWARE (LEASE).
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What
We Offer
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For EDUCATIONAL AND INFORMATIONAL PURPOSES
Absolute Daytrader publishes online signal
services for tracking the futures markets.
These services are delivered by omNovia
software. We have no direct affiliation
with this service provider and actually
Absolute Daytrader pays a service fee to
use omNovia software. We cannot guarantee
the accuracy and uninterupted delivery of
these signals, also known as trading alerts
or set-ups, but we strive to avoid problems
that sometimes occur as we all deal with
technology glitches from time to time. Absolute
Daytrader may offer members an opportunity
to lease or license software. This software
is NOT FOR SALE and remains the property
of New Millennium IBP, Inc. and Absolute
Daytrader. The distribution of software
is not a solicitation to buy or sell securities
nor is it to be construed as trading advice
or a recommendation to trade contracts.
Our purpose for leasing software to members,
for a fee, is to help them track our mechanical
trading systems. We do not recommend that
members actually trade the systems tracked
by the software. Instead this software should
be used as a learning and informational
tool. We will not be held responsible for
damages caused by any files that you download
from our website. We take steps to help
ensure that no harm will come to you by
downloading our software. However you must
acknowledge that we do NOT warrant this
software and cannot guarantee that you will
be problem free. We've never had a single
problem in the past, but that doesn't guarantee
future results.
Free trials of our signal services are
available, please limit one free trial registration
per household. Free trials provide unrestricted
access to our services and provide an insight
in to what our paying members receive. No
offer to buy or sell securities or recommendations
or advice will be provided. New Millennium
IBP, Inc., and its principle shareholders
or employees are not licensend financial
advisors or broker dealers and will never
provide recommendations or trading advice.
All information provided is for informational
purposes only. Market commentary is our
opinion of the markets and is not meant
to be viewed as advice or a recommendation.
Our views on the market may not match your
views and opinions and you should conduct
your own research and consult your financial
advisor before ever making a decicison to
trade contracts.
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Automatically
Renewed Memberships
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Monthly Memberships renew every 30 days.
Quarterly Memberships renew every 90 days.
Semi-Annual Memberships renew every 180
days. Annual Memberships renew every 365
days. ALL PAID MEMBERSHIPS AND SUBSCRIPTIONS
AND SOFTWARE LEASES AUTOMATICALLY RENEW
BASED ON THESE FIXED TERMS. You should expect
your credit card to be charged accordingly.
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Canceling
Memberships
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NO REFUNDS are offered for any reason.
You may cancel your membership at anytime.
But you will not receive a prorated refund
of the remaining balance of time. By submitting
your credit card or personal check or by
making payment through an online third party
system you agree to these terms.
You are solely responsible for contacting
Absolute Daytrader to cancel your membership.
Your Membership remains active until you
request cancellation, and that order has
been processed.
You will receive a confirmation via email
that your membership has been canceled.
If you do not receive a receipt, do NOT
assume that your membership has been canceled
and be sure to request another one.
You may also cancel your membership by
contacting Absolute Daytrader by phone,
1-360-234-9474. If you cancel by phone,
leave your FULL NAME and your EMAIL ADDRESS.
If you do not hear back from Absolute Daytrader
within 48 hours of submitting your cancellation
order, we have NOT RECEIVED your
request and you will need to resubmit. Your
request must be received at least three
business days prior to the expiration of
your current paid membership. Therefore,
if you submit your request to cancel your
membership on the same day that your membership
is scheduled to renew you will be charged
for the next billing period, regardless.
We understand that your individual circumstances
may change so please keep track of your
billing cycle.
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Credit
Card Statement
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Your credit card will be charged by New
Millennium IBP, Inc. which owns ABSOLUTEDAYTRADER.COM.
LOOK FOR "NEWMLNM.COM"
ON YOUR CREDIT CARD STATEMENT - Your statement
will NOT reference absolutedaytrader.com
Your credit card statement will NOT say
Absolute Daytrader, so please remember that
"NEWMLNM.COM" refers to
your membership to Absolute Daytrader. You
can visit www.newmlnm.com
which identifies ABSOLUTEDAYTRADER.COM owned
by New Millennium IBP, Inc.
There are NO REFUNDS available for any portion
of your membership. By submitting your credit
card or payment via check, or through an
online third party system, you agree to
these terms.
It is your responsibility to contact Absolute
Daytrader to cancel your membership. Your
membership remains active until you request
cancellation and that cancellation is confirmed
via your e-mail receipt.
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MINORS
We do not provide services or sell products to children.
If you are below the age of 18, you may use our website
only with the permission and active involvement of a
parent or legal guardian. If you are a minor, please
do not provide us with any personal information.
ANTI-SPAM POLICY
Our anti-Spam policy is part of, and subject to,
these terms and conditions of use. We hate unsolicited
commercial e-mail as much as you do. Also known as Spam
or junk e-mail, it is a disservice to the Internet community.
We fully endorse and comply with the requirements of
the CAN-SPAM Act of 2003 (Controlling the Assault of
Non-Solicited Pornography and Marketing Act), and all
other applicable unsolicited commercial e-mail laws.
If you subscribe to any of the ABSOLUTE DAYTRADER services
or other communications from us or our website, you
will always have an option to unsubscribe immediately.
If you have additional questions, comments or concerns,
please contact us
by sending an e-mail to info[at]absolutedaytrader.com
and providing us with information relating to your concern.
You may also mail your concerns to us at the following
address:
New Millennium IBP, Inc.
791 N Hwy 77, Ste. 501C-136
Waxahachie, Texas 75165
USA
EXTERNAL LINKS POLICY
Our website contains hypertext links to websites
and other information created and maintained by other
individuals and organizations. These links are only
provided for your convenience. We do not control or
guarantee the accuracy, completeness, relevance, or
timeliness of any information or privacy policies posted
on these linked websites. You should know that these
websites may track visitor viewing habits. Unless otherwise
expressly stated by us, hyperlinks to particular items
do not reflect their importance, and are not an endorsement
of the individuals or organizations sponsoring the websites,
the views expressed on the websites, or the products
or services offered on the websites. We permit links
to our website if they do not imply an endorsement by,
or affiliation with, our website. We review our website
periodically for broken or out-of-date links. Any and
all links may be posted, altered, or removed at any
time. To report problems with links on our website,
or for more information about this policy, please send
an e-mail to info[at]absolutedaytrader.com.
LICENSEE STATUS
You understand and agree that your use of our website
is limited and non-exclusive as a nontransferable revocable
licensee. We may terminate your license to use our website,
and access to our website, for any reason, and without
giving you notice.
CONTENT OWNERSHIP
All content on our website is owned by New Millennium
IBP, Inc. On behalf of ourselves, we claim all property
rights, including intellectual property rights, for
this content and you are not allowed to infringe upon
those rights. We will prosecute to the fullest extent
of the law anyone who attempts to steal our property.
You agree not to copy content from our website without
our permission. Any requests to use our content should
be submitted to us by e-mail
to info[at]absolutedaytrader.com. If you believe that
your intellectual property rights have been infringed
upon by our website content, please notify us by sending
an e-mail to info[at]absolutedaytrader.com,
or by sending mail to us at the address listed below.
Please describe in detail the alleged infringement,
including the factual and legal basis for your claim
of ownership.
EARNINGS DISCLAIMER
You understand and agree that there are important risk
factors that should be considered by you when deciding
whether to purchase or subscribe to Signal Service(s)
or Mechanical Trading System(s) or to Lease Software.
There is no promise or representation that you will
make a certain amount of money, or any money, or not
lose money, as a result of using our products and services.
NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS
You recognize and agree that we have made no implications,
warranties, promises, suggestions, projections, representations
or guarantees whatsoever to you about future prospects
or earnings, or that you will earn any money, with respect
to your purchase or subscription of Signal Service(s)
or Mechanical Trading System(s) or by Leasing Software,
and that we have not authorized any such projection,
promise, or representation by others.
Any earnings or income statements, or any earnings
or income examples, are only estimates of what we think
you could earn. There is no assurance you will do as
well as stated in any examples. If you rely upon any
figures provided, you must accept the entire risk of
not doing as well as the information provided. There
is no guarantee that you will make these levels for
yourself. If we know typical buyer results they are
listed. Otherwise, we do not know typical buyer results
and you should take that into consideration. As with
any business, your results will vary and will be based
on your personal abilities, experience, knowledge, capabilities,
level of desire, and an infinite number of variables
beyond our control, including variables we or you have
not anticipated. There are no guarantees concerning
the level of success you may experience. Each person's
results will vary.
There is no assurance that any prior successes or past
results as to earnings or income will apply, nor can
any prior successes be used, as an indication of your
future success or results from any of the information,
content, or strategies. Any and all claims or representations
as to income or earnings are not to be considered as
"average earnings".
THE ECONOMY
The economy, both where you do business, and on
a national and even worldwide scale, create additional
uncertainty and economic risk. An economic recession
or depression might negatively affect the results produced
by Signal Service(s) or Mechanical Trading System(s)
or by Leasing Software.
YOUR SUCCESS OR LACK OF IT
Your success in using the information or strategies
provided at absolutedaytrader.com depends on a variety
of factors. We have no way of knowing how well you will
do, as we do not know you, your background, your work
ethic, your dedication, your motivation, your desire,
or your business skills or practices. Therefore, we
do not guarantee or imply that you will get rich, that
you will do as well, or that you will have any earnings
at all.
Internet businesses and earnings derived there from,
involve unknown risks and are not suitable for everyone.
You may not rely on any information presented on the
website or otherwise provided by us, unless you do so
with the knowledge and understanding that you can experience
significant losses (including, but not limited to, the
loss of any monies paid to purchase Signal Service(s)
or Mechanical Trading System(s) or to Lease Software,
and/or any monies spent setting up and/or operating
from Signal Service(s) or Mechanical Trading System(s)
or from Leasing Software), and further, that you may
have no earnings at all.
FORWARD-LOOKING STATEMENTS
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS
PURCHASED AND/OR DOWNLOADED FROM THIS WEBSITE MAY CONTAIN
INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING
STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION
REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE
OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. YOU
CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY
DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS.
THEY USE WORDS SUCH AS “ANTICIPATE,” “ESTIMATE,”
“EXPECT,” “PROJECT,” “INTEND,”
“PLAN,” “BELIEVE,” AND OTHER WORDS
AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION
OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY
MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR
OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE
IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO
GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR
TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE
THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND
TECHNIQUES IN OUR MATERIAL.
DUE DILIGENCE
You are advised to do your own due diligence when
it comes to making business decisions and should use
caution and seek the advice of qualified professionals.
You should check with your accountant, lawyer, or professional
advisor, before acting on this or any information. You
may not consider any examples, documents, or other content
on the website or otherwise provided by us to be the
equivalent of legal or financial advice. Nothing contained
on the website or in materials available for sale or
download on the website provides legal or financial
advice in any way. You should consult with your own
attorney or financial advisor on any questions you may
have.
We assume no responsibility for any losses or damages
resulting from your use of any link, information, or
opportunity contained within the website or within any
information disclosed by the owner of this site in any
form whatsoever.
PURCHASE PRICE
Although we believe the price is fair for the value
that you receive, you understand and agree that the
purchase price for Signal Service(s) or Mechanical Trading
System(s) or to Lease Our Software has been arbitrarily
set by us. This price bears no relationship to objective
standards.
TESTIMONIALS, CASE STUDIES & EXAMPLES
Testimonials, case studies, and examples found at
absolutedaytrader.com
are exceptional results, do not reflect the typical
purchaser's experience, don’t apply to the average
person and are not intended to represent or guarantee
that anyone will achieve the same or similar results.
Where specific income or earnings figures are used
and attributed to a specific individual, that individual
has earned that amount. There is no assurance that you
will do as well using the same information or strategies.
If you rely on the specific income or earnings figures
used, you must accept all the risk of not doing as well.
The described experiences are atypical. Your financial
results are likely to differ from those described in
the testimonials.
If a product or service is new, you understand that
it may not have been available for purchase long enough
to provide an accurate earnings history.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ALL CONTENT AND INFORMATION on our website is provided
on an ''as is,'' ''as available'' basis. You agree that
your use of ABSOLUTEDAYTRADER.COM is at your sole risk.
We disclaim all warranties of any kind, including but
not limited to, any express warranties, statutory warranties,
and any implied warranties of merchantability, fitness
for a particular purpose, and non-infringement. We do
not warrant that our website will always be available,
access will be uninterrupted, be error-free, meet your
requirements, or that any defects in our website will
be corrected.
Information on our website should not necessarily be
relied upon and should not to be construed to be professional
advice from us. We do not guarantee the accuracy or
completeness of any of the information provided, and
is not responsible for any loss resulting from your
reliance on such information.
If your jurisdiction does not allow limitations on
warranties, this limitation may not apply to you. Your
sole and exclusive remedy relating to your use of the
site shall be to discontinue using the site at ABSOLUTEDAYTRADER.COM
Under no circumstances will we be liable or responsible
for any direct, indirect, incidental, consequential
(including damages from loss of business, lost profits,
litigation, or the like), special, exemplary, punitive,
or other damages, under any legal theory, arising out
of or in any way relating to our website, your website
use, or the content, even if advised of the possibility
of such damages.
Our total liability for any claim arising out of or
relating to our website shall not exceed one hundred
($100) dollars and that amount shall be in lieu of all
other remedies which you may have against us. Any such
claim you have against us shall be subject to confidential
binding arbitration as described later in these terms
and conditions of use.
There are unknown risks in any business, particularly
with the Internet where advances and changes can happen
quickly. The use of our information, products and services
should be based on your own due diligence and you agree
that we are not liable for your success or failure.
There is no promise or representation that you will
make a certain amount of money, or any money, or not
lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly
estimates. There is no guarantee that you will make
these levels for yourself.
As with any business, your results will vary and will
be based on your personal abilities, experience, knowledge,
capabilities, level of desire, and an infinite number
of variables beyond our control, including variables
we or you have not anticipated. There are no guarantees
concerning the level of success you may experience.
Each person's results will vary.
PROHIBITED USES
You will not assign, sublicense, transfer, pledge,
sell, lease, rent, lend, or otherwise dispose of the
content, or any part of it, or share your rights under
this Agreement, to others. You will not give others
access to your username and password. You will not violate
any laws, third party rights, or this Agreement. This
includes, but is not limited to, not posting any material
or content that is defamatory or harassing. You will
not provide false or misleading information to us.
CONSENT TO USE INFORMATION
When you communicate with us, send us information,
or provide content to us or our website, you grant us
a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright
and publicity rights you have in the content, in any
manner whatsoever, in any media now known or which may
be created in the future, including in other works and
forms not associated with this website.
NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in this
Agreement or to take action against any other party
in the event of any breach shall not be deemed a waiver
by us as to subsequent enforcement of rights or subsequent
actions in the event of future breaches.
INDEMNIFICATION
You understand and agree that you will indemnify,
defend and hold us harmless from any liability, loss,
claim and expense, including reasonable attorney's fees,
arising from your use of our website or your violation
of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using
our website.
You accept that this Agreement in all respects shall
be governed by and construed according to the laws of
the State of Texas, to the exclusion of any other applicable
body of governing law, without regard to conflicts of
laws provisions.
This Agreement is entered into in Ellis County,Texas.
You consent to the exclusive jurisdiction of Texas,
for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute
arising from or related to this Agreement will be a
court located in Ellis County, Texas.
You also agree that any dispute between you and us,
excluding any claim we pursue against you which will
be entered into court located in Ellis County, Texas,
or an intellectual property right infringement claims
we pursue against you , shall be settled solely by confidential
binding arbitration per the American Arbitration Association
Commercial Arbitration Rules, which can be found at
http://www.adr.org. All claims must arbitrate on an
individual basis, and cannot be consolidated in any
arbitration with any claim or controversy of anyone
else. All arbitration must occur in Ellis County, Texas,
USA. Each party shall bear one half of the arbitration
fees and costs incurred, and each party is responsible
for its own lawyer fees.
You represent and agree that you are purchasing our
services or products for business purposes, and not
for any consumer, personal, or household use, and that
you are not deemed to be a 'consumer' and will not invoke
arbitration rules applicable to consumers.
You agree that the arbitrator can enter a default judgment
against you if you do not follow AAA rules, and that
default judgment can be entered and enforced in any
court of competent jurisdiction and in the courts of
the State of Texas.
ATTORNEY FEES
If we prevail in any claim then you agree to pay
our attorney's fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use
are determined by an Ellis County, Texas, court of jurisdiction
to be invalid or unenforceable, that part shall be limited
or eliminated to the minimum extent necessary so that
the remainder of these terms and conditions are fully
enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and
conditions of use should be brought to our attention
by e-mail to info[at]absolutedaytrader.com,
and providing us with information relating to your concern.
You may also mail your concerns to us at the following
address:
New Millennium IBP, Inc.
791 N Hwy 77, Ste. 501C-136
Waxahachie, Texas 75165
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time
to time. If such changes are made, they will be effective
immediately, and we will notify you by a notice posted
on our home page or other
website location we deem appropriate of the changes
that have been made. If you disagree with the changes
that have been made, you should not use our website.
We may terminate these terms and conditions of use
for any reason and at any time without notice to you.
If you are concerned about these terms and conditions
of use, you should read them each time before you use
our website. Any questions or concerns should be brought
to our attention by sending an e-mail
to info[at]absolutedaytrader.com, and providing us with
information relating to your concern.
This Agreement contains the complete and entire understanding
and agreement between you and us and supersedes any
previous communications, representations, or agreements,
verbal or written, related to the subject matter of
this Agreement.
This Agreement may not be modified or amended orally,
impliedly, or in any manner not set forth in writing
or permitted by this Agreement.
This Agreement may be amended by us at any time and
without notice, but only by amending this Agreement
as posted on this website, unless otherwise agreed to
in a writing signed by both of us.
Any amendments will become effective 30 days after
being posted on the website, unless circumstances require
that a change be immediately implemented. As a condition
for this Agreement you agree to periodically check this
Agreement posted at this page.
You agree that your continued use of our product or
service after that date will constitute your consent
and acceptance of the amendment.
ENTIRE AGREEMENT
These terms and conditions, including the policies
incorporated herein by express reference, constitute
your entire agreement with us with respect to your use
of our website.
Date of this Agreement: July 11, 2008
Modifications: December 8 , 2010 - changed Introduction
Copyright © 2008-2009 Law Office of Michael E.
Young PLLC, and licensed for use by New Millennium IBP,
Inc., the owner of the website at ABSOLUTEDAYTRADER.COM.
All Rights Reserved. No portion of this document may
be copied or used by anyone other than the licensee
without the express written permission of the copyright
owner.
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