HYPOTHETICAL PERFORMANCE DISCLAIMER
The performance results shown on this Site are based on simulated, backtested, or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity, or the impact that material economic and market factors might have had on decision-making if investing real capital. Simulated or hypothetical 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 these being shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses are material points which can also adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
Performance results shown include approximations of the dividends received while holding the securities, but do not reflect the deduction of advisory fees, brokerage or other commissions, taxes, and any other expenses that a client would have paid or actually paid.
Limited Warranty and Representations
Hitechmaster warrants that (1) the documentation provided with the Software and any updates thereto are substantially complete and contain all the information Hitechmaster deems necessary to use the Software; (2) the Software functions substantially as described in the Help File; and (3) the disk, or media on which the Software is provided, is not defective and the Software is properly recorded upon such media.
Hitechmaster represents that it has taken reasonable precaution to ensure that to the best of Hitechmaster’s knowledge, the Software does not contain (1) any virus or similar code that may destroy, modify, alter, or cause the deliberate destruction, modification or alteration, in whole or in part, of any of your equipment, devices or the Software or (2) other computer software routine or hardware components that are designed (i) to deliberately permit unauthorized access or use by third parties of the Software installed on your equipment, (ii) to deliberately disable or damage hardware or deliberately damage, erase or delay access to software or data installed on your equipment, or (iii) to deliberately perform any other similar actions.
The sole and exclusive remedy for breach of this Limited Warranty is replacement of defective Software media. This Limited Warranty is for the duration of the subscription to the Subscription Service and is extended only to you personally.
EXCEPT AS PROVIDED ABOVE AND SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE STATE LAW, Hitechmaster DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR SUITABILITY OF THE SOFTWARE AND SUBSCRIPTION SERVICE AND ANY RELATED PRODUCTS AND SERVICES AND ANY WARRANTY COVERAGE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SOFTWARE OR SUBSCRIPTION SERVICE OR ANY RELATED PRODUCTS AND SERVICES. Hitechmaster SPECIFICALLY DISCLAIMS WARRANTY COVERAGE FOR ANY INFORMATION OR DATA PROVIDED THROUGH THE SOFTWARE. EXCEPT AS OTHERWISE PROVIDED ABOVE, THE SOFTWARE, THE DATA AND INFORMATION DOWNLOADED AND AVAILABLE PURSUANT TO THIS AGREEMENT, THE USER GUIDES OR OTHER DOCUMENTATION, AND ANY RELATED PRODUCTS AND SERVICES ARE ALL PROVIDED “AS IS.”
Limitation of Liability
IN NO EVENT WILL Hitechmaster BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES) FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR RELIANCE ON THE SOFTWARE, SUBSCRIPTION SERVICE, Hitechmaster WEBSITES, DATA, INFORMATION OR RELATED PRODUCTS OR SERVICES PROVIDED BY Hitechmaster OR ITS EMPLOYEES OR AGENTS, EVEN IF WE ARE SOLELY NEGLIGENT. Hitechmaster SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, AND EVEN IF Hitechmaster HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE SOFTWARE OR SUBSCRIPTION SERVICE; (i2) THE ACCURACY OF ANY DATA RELATED TO OR PROVIDED IN ASSOCIATION WITH THE SOFTWARE OR SUBSCRIPTION SERVICE, INCLUDING ANY ERRORS OR OMISSIONS CAUSED BY Hitechmaster’S OWN NEGLIGENCE; (3) ANY INVESTMENT OR TRADING ADVICE PROVIDED BY Hitechmaster EMPLOYEES OR AGENTS; (4) THE COST OF GETTING SUBSTITUTE PRODUCTS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM OR IN RELIANCE UPON Hitechmaster, THE SOFTWARE, OR THE SUBSCRIPTION SERVICE; OR (5) FOR ANY OTHER CLAIM BY YOU OR ANOTHER PARTY RELATED TO THE SOFTWARE, SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES.
ALTHOUGH Hitechmaster TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION ON ITS WEBSITES AND THROUGH ITS SOFTWARE AND SUBSCRIPTION SERVICE, THERE MAY FROM TIME TO TIME BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS, AS WELL AS DATA AND INFORMATIONAL ERRORS. Hitechmaster RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME TO ANY ERRORS, WITHOUT NOTICE OR LIABILITY TO YOU OR ANY THIRD PARTY. THE INFORMATION AND DATA PROVIDED THROUGH Hitechmaster’S SOFTWARE, SUBSCRIPTION SERVICE, AND ANY OTHER RELATED PRODUCTS AND SERVICES, IS PROVIDED "AS-IS" AND "AS-AVAILABLE." Hitechmaster DOES NOT REPRESENT, WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE DATA, INFORMATION, TEXT, GRAPHICS, LINKS OR ANY OTHER ITEMS PROVIDED BY Hitechmaster. ALL INFORMATION AND DATA PROVIDED BY Hitechmaster, INCLUDING BY Hitechmaster REALTIME, SHOULD NEVER BE RELIED UPON BY YOU AS TIMELY, ACCURATE, OR RELIABLE. Hitechmaster EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PARTY FOR, ERRORS, INACCURACIES, UNRELIABILITY, OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY DATA OR INFORMATION CONTAINED IN THE SOFTWARE, THE SUBSCRIPTION SERVICE, Hitechmaster REALTIME, AND ANY Hitechmaster WEBSITES, OR OTHER PRODUCTS OR SERVICES, EVEN IF THE RESULT OF OUR NEGLIGENCE. Hitechmaster MAY MAKE CHANGES TO INFORMATION OR DATA AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION OR DATA PROVIDED BY Hitechmaster AS PART OF THE SOFTWARE OR SUBSCRIPTION SERVICE OR AS PART OF ANY OTHER RELATED PRODUCTS OR SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF AND RELIANCE ON THE SOFTWARE AND SUBSCRIPTION SERVICE OR ON ANY OTHER RELATED PRODUCTS OR SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST Hitechmaster FOR BREACH OF CONTRACT, BREACH OF WARRANTY (EXCEPT FOR THE LIMITED WARRANTY ABOVE), OR NEGLIGENCE, RELATED TO THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY RELATED PRODUCTS OR SERVICES.
IN NO EVENT SHALL Hitechmaster LIABILITY UNDER THIS AGREEMENT, IF ANY, EXCEED THE SUBSCRIPTION FEE PAID BY YOU FOR THE SUBSCRIPTION TERM IN WHICH THE ALLEGED EVENT CREATING LIABILITY AROSE. EXCEPT AS LIMITED OR RESTRICTED ELSEWHERE BY THIS AGREEMENT, THE PREVAILING PARTY IN ANY LITIGATION OR ARBITRATION ARISING OUT OF THIS AGREEMENT SHALL BE PAID, IN ADDITION TO ANY OTHER RELIEF, ITS REASONABLE ATTORNEYS FEES FOR SUCH LITIGATION OR ARBITRATION, BY THE NON-PREVAILING PARTY, WITHIN THIRTY DAYS OF THE FINAL CONCLUSION OF THE PROCEEDING.
Disclaimer
Hitechmaster IS COMPRISED OF A SYSTEM OF STOCK MARKET TIMING EDUCATION. ALL CONTENTS AND INFORMATION ARE BASED ON DATA AND SOURCES BELIEVED TO BE RELIABLE, BUT ACCURACY AND COMPLETENESS CANNOT BE GUARANTEED. ALL SOFTWARE, SUBSCRIPTION SERVICE, INFORMATION, DATA, REPORTS AND CONTENT PROVIDED BY Hitechmaster ARE FOR INFORMATIONAL, EDUCATIONAL, AND/OR ENTERTAINMENT PURPOSES ONLY. NOTHING ON Hitechmaster’S WEBSITE, OR IN THE SOFTWARE OR AS PART OF THE SUBSCRIPTION SERVICE, EXPRESS OR IMPLIED, IS A RECOMMENDATION, ADVICE, OR SOLICITATION TO BUY, SELL OR HOLD STOCKS, SECURITIES, BONDS, FUTURES OR OTHER INVESTMENTS OR FINANCIAL INSTRUMENTS. YOU SHOULD NOT CONSTRUE ANY DATA OR INFORMATION PROVIDED BY Hitechmaster AS LEGAL, TAX, INVESTMENT, FINANCIAL OR OTHER ADVICE.
THE TERMS "BUY SIGNAL", "SELL SIGNAL", "BUY TERRITORY", "SELL TERRITORY", "INDICATOR", "OVERSOLD", "OVERBOUGHT", OR ALL SIMILAR TERMS ARE THEORETICAL AND EDUCATIONAL, RELATING ONLY TO THE MATHEMATICAL MODEL OR EXPERIMENT FROM WHICH THEY ARE DERIVED, AND NOT TO BE RELIED UPON AS INVESTMENT ADVICE.
YOU AGREE THERE ARE RISKS INVOLVED IN IMPLEMENTING INVESTMENT STRATEGIES AND STOCK INVESTMENTS IN GENERAL. YOU AGREE THAT FUTURE RESULTS MAY NOT BE PROFITABLE OR EQUAL TO REPRESENTATIONS OF PAST PERFORMANCE; REAL, INDICATED OR IMPLIED. YOU ALONE ASSUME SOLE RESPONSIBILITY FOR ANY INVESTMENT DECISIONS YOU MAKE BASED ON THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY Hitechmaster. Hitechmaster, ITS EMPLOYEES, AGENTS, OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY LOSSES YOU MAY INCUR AND YOU AGREE NOT TO HOLD Hitechmaster LIABLE OR RESPONSIBLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON DATA OR INFORMATION MADE AVAILABLE TO YOU BY Hitechmaster, THE SOFTWARE, THE SUBSCRIPTION SERVICE, OR ANY DATA, INFORMATION, PRODUCTS OR SERVICES PROVIDED BY Hitechmaster, EVEN IF WE ARE SOLELY NEGLIGENT.
BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOU ARE INDICATING THAT YOUR ELECTRONIC NOTATION, SIGNATURE, OR EXECUTION OF THIS AGREEMENT INDICATES AND IS EVIDENCE OF YOUR ASSENT TO THIS AGREEMENT, AND IS SUFFICIENT TO MEET THE WRITING REQUIREMENT, INSTEAD OF A SEPARATE PAPER SIGNED BY YOU. BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOU ALSO AGREE TO THE STORAGE OF THIS CONSENT HEREIN, AND OF THIS AGREEMENT, AS AN ELECTRONIC RECORD, INSTEAD OF AS A PAPER RECORD. BY EXECUTING THIS AGREEMENT IN ELECTRONIC FORM YOUR CONSENT GRANTED HEREIN IS NOT A CONSENT FOR OR TO ANY OTHER MATTER OUTSIDE OF THIS AGREEMENT.
Force Majeure.
Hitechmaster shall not be liable to you for any failure to perform under this Agreement, if such failure results, whether directly or indirectly, from fire, explosion, strike, freight embargo, act of God, or of the public enemy, war, civil disturbance, terrorism, act of any government, de jure or de facto, or agency or official thereof, labor shortage, transportation contingencies, unusually severe weather, default of manufacturer or a supplier as subcontractor, quarantine restrictions, epidemic, or catastrophe, or lack of timely instructions or essential information from the other party.
Ownership and Use of Content Copyright
All of the information and content on this Site, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design ("Content") is the property of Hitechmaster or its affiliates, or is being used by Hitechmaster with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions. you may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Site or its Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms and Conditions. The use of the Content on any other website or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Hitechmaster.
Trademarks, Service Marks, and Logos
The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation Hitechmaster and Crystal Bull ("Marks") appearing on this Site, and any other Hitechmaster website, are the property of Hitechmaster and other parties. you may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. you may not include the Hitechmaster name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Site, Hitechmaster and any other website, person, entity or organization.
Links
From time to time, Hitechmaster may provide links from this Site to a non-Hitechmaster website or permit a link from a non-Hitechmaster website to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Hitechmaster website or its owner. Hitechmaster does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked websites. If you decide to access such non-Hitechmaster websites, you do so solely at your own risk and you should be aware that non-Hitechmaster websites are governed by their own terms and conditions and privacy policies. Links to this Site may be made only with the permission of Hitechmaster. A link to this Site may be permitted in Hitechmaster’s discretion, where, without limitation, such link (a) is to this Site's homepage, (b) clearly informs users that the link is to the Hitechmaster website, (c) does not imply any affiliation, endorsement, sponsorship or other relationship between the linking website or the website owner and Hitechmaster, (d) delivers this Site's Content without framing or similar environment, and (e) maintains the integrity of this Site's layout, content and look and feel. Hitechmaster reserves the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.
User Agreement
You agree that you shall not:
1. Use, copy, modify or transfer the Software or any data or information provided by the Subscription Service, in whole or in part, including screen shots, except as provided in above without written permission from Hitechmaster;
2. Decompile, disassemble or reverse engineer or otherwise attempt to derive or interfere with the code for the Software;
3. Adapt, alter, or create derivative works based on the Software or Help File or any data or information provided by the Subscription Service, without written permission from Hitechmaster;
4. Use the Software or any data or information provided by the Subscription Service, on any service bureau or simultaneously on more than one workstation in any interactive cable, wireless, or other network of single user computers;
5. Sell, rent, lend, provide, or lease the Software, your user name or password, or any data or information provided by the Subscription Service, to or from another party;
6. Use the Software or Subscription Service for non-personal, commercial purposes;
7. Display, perform, or publish the Software or any data or information provided by the Subscription Service, or any portion thereof, including results of the Hitechmaster stock analysis, either publicly or to a third party, without written permission from Hitechmaster;
8. Display, perform, or publish any results of benchmark tests run on the Software, or on any data or information provided by the Subscription Service, either publicly or to a third party, without prior and express written permission from Hitechmaster; and
9.Obscure, alter, replace, or remove any trademarks, copyrights or other intellectual property notices on or associated with the Software, the Subscription Service, or any Hitechmaster websites.
Term and Termination
This Agreement shall commence upon first installation, download, copy, or use of the Software or Subscription Service by you, whether the Software is provided as a trial copy, as a fully licensed version, or any other form. Your use of any form, part, or portion of the Software or Subscription Service, whether temporary or not, is considered acceptance of this Agreement in its entirety. Hitechmaster reserves the right to increase the annual and monthly subscription fees from time to time, and to apply any new subscription fees at the time of renewal of your monthly or annual Subscription Service.
Your subscription and service will continue until canceled or terminated as provided herein. UNLESS YOU NOTIFY US THAT YOU WISH TO CANCEL THE SUBSCRIPTION SERVICE, WE WILL AUTOMATICALLY RENEW THE SUBSCRIPTION SERVICE ON A PERIODIC BASIS; INCLUDING ANY MONTHLY OR ANNUAL SUBSCRIPTIONS, AS LONG AS WE CONTINUE TO CARRY THE SUBSCRIPTION SERVICE.
Both you and Hitechmaster may cancel the Subscription Service at any time, at-will. You will have access to your User Profile settings, which allow you to activate or deactivate the Auto-Renew feature for your subscription. Switching off the Auto-Renew feature will prevent the subscription from renewing at the end of its term. Failure to switch off the Auto-Renew will enable your subscription to renew automatically at the end of the term. So that we may focus on building our models, and not on managing subscriptions, once paid, subscription fees are non-refundable. Hitechmaster may cancel the Subscription Service without Notice to you. Upon termination by Hitechmaster, Hitechmaster will promptly cancel any monthly subscription you may have on the date of expiration of the current monthly period. If you are a monthly subscriber, no refunds will be given. If you are an annual subscriber, you may receive a prorated refund for the unused portion of the annual Subscription Service, based on the date or termination. A 6% service charge will be applied to all refunds. Notification of termination by you may also be made to Hitechmaster via email to: subscribe@Hitechmaster.com.
IF YOU TRANSFER POSSESSION OF ANY COPY OR MODIFICATION OF THE PROGRAM TO ANOTHER PARTY OR IF YOU FAIL TO COMPLY WITH ANY TERM OR CONDITION OF THIS AGREEMENT, YOUR LICENSE IS AUTOMATICALLY TERMINATED. Upon termination of this Agreement, by any party, for any reason, you agree to destroy the Software together with all copies and modifications in any form.