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Wizetrade Alerts Terms and Conditions

Acknowledgments. The Wizetrade Group, LLP, its parent, affiliates and subsidiaries (“Company”) reserves the sole and exclusive right not to accept Student’s application form. Acceptance of Students application shall occur exclusively in Orange County Florida. Use of Wizetrade® Stocks, Wizetrade® Options, Wizetrade® FOREX, Wizetrade® Commodities, CommandTRADE® and CommandTRADE® FX, WizeFinder®, Option Hunter® and 4XTracker® software (collectively the “Programs” herein), Wizefeed®, 4Xfeed™, Optionsfeed®, Commoditiesfeed™ and Commandfeed™ data feed services (collectively the “Data Feeds” herein), and WizeAlerts (the “Alerts” herein) are subject to the terms and conditions set forth in this License Agreement (the “Agreement”).  The Company reserves the sole and exclusive right to amend or terminate this Agreement at any time and to terminate User’s use of the Programs, Data Feeds and Alerts at any time with or without notice to User.  Neither the software, nor any demonstration of its operation, should be construed as a recommendation or an offer to buy or sell a security.
System Support. The Company will provide and maintain all hardware, software, systems and links with third party providers, necessary to allow access and use of the Programs.
Electronic Recordkeeping. User acknowledges and agrees that the Company may store this Agreement in an electronic recordkeeping system in the regular course of business and that a printed copy of the imaged document may be used and introduced in any arbitration, litigation, or other proceeding, and shall have the same force and effect as the original which may be destroyed.
Automatic Debits. All subscription fees are automatically charged/debited the day after expiration of the current subscription or free trial period, if any. The first monthly charge may be a prorated amount determined by the date the current subscription or trial period expires.  Thereafter, charges/debits are processed up to five (5) business days before the end of each month, for the following month’s service. There will be no partial or prorated refunds. Monthly charges will automatically renew each month. To cancel any subscription product or service, the User must call the Company at 1-800.304.8881 to notify the Company of the cancellation at least ten (10) calendar days before the subscription charge is scheduled to be charged/debited.
Access to Products.  At the point of activation of any of the Programs, Data Feeds or Alerts, User is granted an “access code” that allows you to use that particular program. User understands the term of the access code(s) shall be in effect in perpetuity, unless otherwise terminated under the terms and provisions of this Agreement or the terms and provisions of the Enrollment Form.  In the event an access code is terminated for any reason, User agrees to either return the respective product to the Company, or to destroy all copies of the respective product, including any copies that User has installed on any computer.
Limitations. Use of The Programs, Data Feeds and Alerts are limited to individual, personal use and shall not be used for commercial purposes.  Information obtained from The Programs, Data Feeds or Alerts  may not be re-sold by User, nor posted or distributed in any public forum including, but not limited to, print, the Internet, any form of newsletter, radio, or television, or to any person(s) by User. Certain data accessible through these programs is the intellectual property of the Company, the relevant news and information services provider, or third parties that provide such data to the relevant service provider.  The data is protected by copyright and other intellectual property laws and all ownership rights remain with the Company, the information service provider, or the third party as the case may be.  Such violation of this Agreement will result in immediate cancellation of User’s use of The Programs, Data Feeds and Alerts  and may further result in legal action against User by the Company for any and all damages caused to the Company or third party providers.
Service Overview & Purpose of Content. User understands the Programs’ service provides access to information on stocks, options, (spot) foreign currencies, commodities and futures, and to interactive tools, quotes, Alerts and data concerning the financial markets and securities (collectively "Content"). The Content is supplied by the Company and various third-party companies ("Third Party Providers") that are not affiliated with the Company. The Company has not been involved in the preparation of the Content from Third Party Providers and does not explicitly, or implicitly, endorse or approve such Content. In addition, the Company does not alter or change such Content as it is provided through the Third Party Providers. Content is provided for informational and/or educational purposes and is not intended to provide tax, legal, or investment advice, and should not be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by the Company or any Third Party Provider. User acknowledges that their requests for Content are unsolicited. To the extent that any of the Content constitutes investment advice by its respective owner, such information is either statistical information containing no expression of opinion, or is impersonal advice not intended to meet the objectives or needs of specific individuals or accounts. User understands that they alone are responsible for determining whether any investment, security, or strategy, is appropriate or suitable for User, and that neither the Company nor any Third Party Provider has made any determination that any recommendation, investment, or strategy in any Content is suitable or appropriate for User based on their investment objectives and financial situation.
Disclaimers of Warranties and Limitation of Liability. User understands that Content has been independently obtained, or developed by its respective owners through sources believed to be reliable, however, the Content is not guaranteed by the Company or any Third Party Provider.  The Company is not responsible for any delays, omissions, or inaccuracies in content.  User acknowledges that the Company has not made any representations, warranties, or guarantees other than those expressed herein.  User has not relied on and the Company specifically disclaims any and all representations or warranties other than those expressed herein.  User bears all risk from any use, or results of using any information.  User is responsible for validating the integrity of any information received over the Internet.  Transmission for information over the Internet may be subject to arbitrary delays which may delay the provision of our services and the execution of your orders.  User acknowledges that the Company, or any Third Party Provider will not be liable to you, or any third party, for any losses arising from such delay.  In no event will the Company or any Third Party Provider be liable for any loss including, but not limited to, special, consequential, incidental, direct, or indirect damages resulting from delay, or loss of use of Internet services and are not responsible for any damage to your computer, software, modem, telephone, or other property resulting from your use of our services.
THERE IS NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, TITLE, NON-INFRINGEMENT, OR OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE CONTENT, OR ANY ASPECT OF THE SERVICES. THE CONTENT AND THE PROGRAMS, DATA FEED SERVICES AND ALERTS ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. THERE IS NO WARRANTY THAT THE PROGRAMS, DATA FEED SERVICES OR ALERTS WILL MEET USER’S NEEDS, OR THAT THE PROGRAMS, DATA FEED SERVICES OR ALERTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES THE COMPANY, OR ANY THIRD PARTY PROVIDER, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROGRAMS, DATA FEED SERVICES OR ALERTS, OR THAT DEFECTS THEREIN WILL BE CORRECTED. CONTENT IS ONLY VALID AS OF THE DATE PUBLISHED AND MAY BECOME UNRELIABLE BECAUSE OF SUBSEQUENT MARKET CONDITIONS OR OTHER REASONS.   IN NO EVENT WILL THE COMPANY OR THE THIRD PARTY PROVIDERS BE LIABLE TO USER, OR ANYONE ELSE, FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM USE, OR THE LOSS OF THE USE, OF THE PROGRAMS OR DATA FEED SERVICES, INCONVENIENCE, OR DELAY), EVEN IF THE COMPANY, OR THE THIRD PARTY PROVIDER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Notification.
User is responsible for the confidentiality and use of their username and password which they use to access the Programs, Data Feed services and software, and Alerts. User agrees to immediately notify the Company if they become aware of either loss, or theft, of their username, and/or password, or unauthorized use of their username, and/or password, of the Programs, Data Feed,services or software  or Alerts.
Indemnification. User agrees to indemnify and hold the Company and the Third Party Providers harmless from and against any and all claims, losses, liability, costs and expenses (including, but not limited to, attorneys' fees) arising from User’s use of The Programs, Data Feeds, Alerts, breach of this Agreement, or violation of these terms or any third party's rights, including, but not limited to, copyright, proprietary, and privacy rights.
Terms of License Acceptance.  This Agreement authorizes installation and use of the Programs, Data Feed services and Alerts for User’s sole, personal, and private trading use only. Software and licenses necessary to operate The Programs, Data Feeds and Alerts are proprietary property of the Company.  Applicable copyright and trademark laws protect the Programs, Data Feed services,and software and Alerts and User’s use is subject to those laws.  User is only being granted a “right to use” the software, which may be revoked by the Company if the software is used in any manner inconsistent with this Agreement. User does not have the authority to resell, or otherwise transfer the license to any third party without the express written consent of the Company, and any such action becomes grounds for the Company to immediately revoke User’s license.  User agrees that any use of the license not specifically permitted herein is a potential breach of the license, and such unauthorized use could cause financial damages to the business interests of the Company.  Any breach in the terms and provisions of this Agreement may be considered by the Company to be actionable offense. In such event, the Company may seek legal and financial remedies in a venue under the legal jurisdiction of the State of Florida at the sole discretion of the Company.
Modification and Termination. User agrees that the Company may discontinue or modify the Programs,  Data Feed services or software, or Alerts, in whole, or in part, at any time, in the Company’s sole discretion, without notice and without limitation.  The Company may terminate, modify, change, or limit the terms of the Programs, Data Feed services, software, Alerts, or the license to use the Programs, Data Feed services, software or Alerts, in whole, or in part, at any time, without prior notice to User. Use of the Programs, Data Feed services, software and Alerts after the effective date will indicate your acceptance of the modification.
Law and Arbitration. The parties waive trial by court or jury. Any dispute arising from or relating to this Agreement, the license, the software, the Enrollment Form, the training, the training materials, or the arbitrability of any dispute shall be resolved by arbitration in Orange County, Florida, where this Agreement was accepted, and governed by and construed under Florida law, except its conflict of laws rules. A party may only bring a claim for breach of this Agreement, and shall not be permitted to bring a claim sounding in tort or otherwise. No party may bring or become a member of a class action against another. Arbitration shall be conducted by a panel of three (3) arbitrators pursuant to this paragraph and the Florida Small Claims Rules in effect at the time a claim is initiated, except Rule 7.010. The party initiating arbitration (“Claimant”) shall select an arbitrator and notify the other party (“Respondent”) in writing by Certified Mail/Return Receipt Requested of the nature of the claim and the arbitrator’s name. Respondent shall have twenty (20) days from receipt of the notice to select the second arbitrator and notify Claimant in writing via the same type of mail of the second arbitrator’s name and the nature of any defense. These arbitrators shall select, at their sole discretion, a third arbitrator to complete the panel.  If a party fails to select an arbitrator timely, then a final decision in favor of the other party shall be entered by the latter’s arbitrator. Each arbitrator must be a lawyer with over ten (10) years’ experience or a retired judge. The arbitrators’ decision shall be by majority vote, final, and binding. No party shall be awarded attorney’s fees or costs, whether or not taxable by a court or arbitrator(s) as costs. No action filed more than twenty-one (21) months after the Enrollment Date (as set forth in the Enrollment Form) shall be entertained by any arbitrator or court. For its failure to provide System Support, which lasts in excess of thirty (30) consecutive days, Company shall be ratably liable; although, if awarded, the total of all damages shall not exceed the purchase price paid hereunder. Any proceedings, whether or not consistent with this Agreement shall be filed with and entered only by a court in Orange County, Florida, having jurisdiction thereof. Declaratory relief ordering such arbitration and enforcement of any judgment shall be entered only in a court in Orlando, Florida, having jurisdiction thereof. User acknowledges that competing products and services are readily available and, therefore, waives any right to assert that this Agreement is a contract of adhesion or that any provision of it is unconscionable.
Endorsement and Testimonial Release.  I hereby authorize all companies that market, produce, sell, or fulfill The Programs, Data Feed or Alerts (collectively “the Products”) and their parents, affiliates, subsidiaries, related entities, and their assigns (collectively “the Company”) to use my name, city and state of residence, and my representations and communications about the Products (“Communication”) in connection with the advertising, promotion, and sale of the Products.  If you submit any Communication to the Company, you shall thereby be consenting to and authorizing the use by the Company of your name, voice, photograph, video image, and likeness, together with any portion or all of the contents of your Communication in connection with the advertising, promotion, distribution, and sale of the Products.
By submitting any Communication to the Company, User will be representing all of the following:  (a) You are currently using one or more of the Products; (b) All statements in your Communication about the Products, any component or portion of any of the Products, and yourself are true and correct; (c) Your Communication reflects your real experiences with and benefits from using the Products or some component or portion of them; (d) Except as a User of the Products, you have no other affiliation with the Company; and (e)You are providing your Communication of your own free will and have not been compensated in any way for it.
User waives all rights to inspect or approve any communication, advertising, or other use of your Communication and personal information by the Company.
Severability. If any provision of this Agreement shall be held unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of this Agreement shall otherwise remain in full force and effect. 
Entire Set of Terms. User acknowledges that these terms constitute an agreement between the Company and User with respect to its subject matter.  These terms may not be assigned by User, without the written consent of the Company.  The Limitations, Disclaimer of Warranty and Limitation of Liability, Indemnification, Terms of License Acceptance, and Law and Arbitration provisions of this Agreement shall survive its termination.
Disclaimer.   Wizetrade®, CommandTRADE®, 4XTracker®, Option Hunter®, and WizeFinder®, 4Xfeed™, Commandfeed™, Commoditiesfeed™, Optionsfeed®, Wizefeed® and WizeAlerts™ are trademarks of The Wizetrade Group, LLP (“the “Company”). CommandTRADE®, CommandTRADE® FX, Wizetrade® Commodities,  Wizetrade® FOREX, Wizetrade® Options, and Wizetrade® Stocks software  (collectively the “Programs”) are analytical tools only and do not predict price trends. Neither unique experiences, past performances, historical tests, nor included or accessible strategies or scans constitute recommendations or guarantee future results.  Trading spot currencies, stocks, options, commodities and futures involves substantial risk of loss.  Investors should only use risk capital they are prepared to lose.  Users are solely responsible for selection of stocks, currencies, options, commodities, futures contracts, strategies, and scans, and monitoring their brokerage accounts, the Programs, and anything, including, without limitation, delays or outages of any type, which may adversely affect them.  The purchase of, sale of, or giving of advice regarding foreign currencies, commodities, stocks, options or futures can only be performed by a licensed, registered, or exempt person.  The Company, its owners, subsidiaries, employees, affiliates and agents do not solicit or execute trades or give investment advice, are not registered as brokers or advisors with any federal or state agency, and encourage consultation with a licensed representative or registered investment professional prior to making any particular investment or using any investment strategy.  For more information about commodities and futures trading, visit the Commodities Futures Trading Commissions Web site at cftc.gov.  SV1

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Securities products are offered through Manhattan Beach Trading Financial Services, Inc. ("MBTFS"), member FINRA, SIPC. MB Trading Futures, Inc. (MBTF) is a CFTC registered FCM and member of NFA. MBTF offers execution and settlement services for futures based products and off-exchange foreign currency (forex) products. MBTFS and MBTF are sometimes referred to collectively herein as "MB Trading." WGAL, LLC (“WGAL”) provides educational and analytical software for FOREX, equities, futures and options products. WGAL, LLC nor any of its products, subsidiaries, agents or employees, solicits or executes trades or gives investment advice. WGAL, LLC is not a registered broker or advisor with any federal or state agency, and encourages its customers to consultant with a licensed representative or registered investment professional prior to making any particular investment or using any investment strategy.


Trading in forex, stocks, futures and options is speculative in nature and not appropriate for all investors. Investors should only use risk capital that they are prepared to lose when trading forex, stocks, futures, and options because there is always the risk of substantial loss. Customers should fully examine their own personal financial situation before trading. Customers should also be aware that account access, trade executions and system response may be adversely affected by market conditions, quote delays, system performance and other factors, including those related to the use of automated systems. Funds deposited into an account with a broker-dealer for investment in any currency, or which are the proceeds of a currency position, or any currency in an account with an FCM, are not protected by the SIPC. LWMB-2