During the term of this Agreement, you (the "Customer") may access and use A better Software, Inc. ("Vendor")’s automated trading service (the “Service”) pursuant to Vendor’s policies posted on Vendor’s website at abettertrader.com, as such policies may be updated from time to time. Vendor retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service, and this Agreement does not grant Customer any intellectual property rights in the Service or any of its components. Vendor retains all right, title, and interest in and to the System, including without limitation all computers, other hardware, and software incorporated into or used by the System, and this Agreement does not grant Customer any intellectual property rights in the System or any of its components.
VENDOR MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ACCEPTS THE SERVICE “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Vendor does not warrant that the Software will perform without error or that it will run without immaterial interruption. Vendor provides no warranty regarding, and will have no responsibility for, any claim arising out of: (a) a modification of the Software made by anyone other than Vendor, unless Vendor approves such modification in writing; or (b) use of the Software in combination with any operating system not authorized in the Documentation or with hardware or software specifically forbidden by the Documentation.
VENDOR PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD PARTY COMPONENTS, AND VENDOR WILL NOT BE LIABLE FOR ANY FAILURE OF ANY THIRD PARTY COMPONENT TO FUNCTION AS EXPECTED OR INTENDED.
Customers can subscribe to perform live trading for a monthly fee, as specified on the site. Customers can also perform simulated automated trading without paying for a subscription. These free simulation accounts may be closed at any time as needed by the Vendor, to ensure performance of subscribers. The total number of Customers allowed to register for the Service will be restriced at any given time to a maximum number that ensures performance of the Service. The parameters of these restrictions are set by the Vendor solely at the Vendor's discretion. The Vendor reserves the right to change the amount and frequency of the subscription fee at any time.
Customer data generated during simulated trading may be made available by the service to other users. Customer data generated during live trading under a subscription may be shared with other users, unless the Customer opts out.
Leaderboard contests may occur from time to time. The rules for contests are outlined below, and may be updated at any time. Any contest awards are at the sole discretion of the Vendor.• “No Purchase Necessary” • “Purchase does not enhance chance of winning” • “Void where prohibited” • The leaderboard contests begin on the first of the month, and end on the last day of the month. • To be eligble, you must sign up on the website and create a trading account. • A simulation trading account or a live trading account can be elible for the contest, as long as the account was created at least a week before the end of the contest, and as long as the Vendor deems the account to be sound and in good standing. Vendor can disqualify an account from the leaderboard if there appears to be data problems or if the Customer attempts to tamper with or circumvent the proper use of the service. • The winner will receive $100 in credit towards a live trading subscription. • The winner will be chosen and notified within the month following the month of the contest. • The winner will have the greatest percentage increase in the managed value of their account, from the first day of the contest to the last day of the contest. • The winner's chosen leaderboard name will be shown on the website. • There will be no Vendor liability arising out of or related to these contests. Awards are given at the discretion of the Vendor.
Live trading is currently available through E*Trade, a large online broker. Accounts can be opened for $500. Federal rules require $25,000 in funding to avoid day trading restrictions. You will likely hit these restrictions if you set moderately aggressive autotrade parameters. You should understand the fundamental rules of trading, for example the tax liabilities of wash trades, before engaging in any automated trading. You are responsible for all trades made through the Vendor's website at your request. Refer to E*Trade's documentation for defails. Other online broker choices may be added by the Vendor in the future, with similar restrictions.
Trading through the E*Trade API is currently in beta, open to Customers willing to test the website at a higher risk. The Customer should make sure they are comfortable and informed about how Vendor's autotrading will function before signing up for live trading. The Customer should make sure they are prepared to lose any equity that is put at risk through live trading.
(a) Indemnity. Indemnitor shall defend and indemnify Indemnified Party and its Indemnified Associates (as defined below) against any Indemnified Claim. Indemnitor’s obligations set forth in the preceding sentence include retention and payment of attorneys and payment of court costs, as well as settlement at Indemnitor’s expense and payment of judgments. (The “Indemnified Associates” are the Indemnified Party’s officers, directors, shareholders, parents, subsidiaries, agents, successors, and assigns.)
(b) Litigation. Indemnitor’s obligations set forth in Subsection (a) will be excused to the extent that Indemnified Party’s or any Indemnified Associate’s failure to provide prompt notice of the Indemnified Claim or reasonably to cooperate materially prejudices the defense. Indemnitor will control the defense of any Indemnified Claim, including appeals, negotiations, and any settlement or compromise thereof; provided Indemnified Party will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.
VENDOR’S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE MONTHLY SUBSCRIPTION FEE.
IN NO EVENT WILL VENDOR BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT.
Customer agrees not to hold Vendor responsible for any loss or damage caused by Service issues, including, but not limited to, system outage or downtime.
No delay, failure, or default will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Customer agrees that electronic acknowledgement of this Agreement is valid evidence of their consent to be legally bound by this Agreement and for its applicability to all services rendered. This electronic copy of this Agreement is considered to be the true, complete, valid, authentic and enforceable record of the Agreement, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form.