THE TERMS OF AGREEMENT
SET FORTH BELOW ARE THE TERMS UNDER WHICH SPIKE TRADING SERVICES,
LLC, A DIVISION OF PIONEER FUTURES, INC. PERMITS ACCESS TO
VIEWING, ON ITS WEBSITE, SPIKE TRADING SERVICES, LLC AUTOMATED
TRADING DATA AS DEFINED BELOW. IF YOU, AS VIEWER, AGREE TO
THE TERMS SET FORTH BELOW, AND INDICATE YOUR AGREEEMENT IN
THE MANNER REQUIRED BELOW, YOU WILL BE GIVEN ACCESS TO VIEWING
SPIKE TRADING SERVICES, LLC AUTOMATED TRADING DATA ON THE SPIKE
TRADING SERVICES, LLC WEBSITE. IF YOU DO NOT INDICATE YOUR
AGREEMENT BELOW, YOU WILL NOT BE GIVEN ACCESS ON THIS WEBSITE
TO SPIKE TRADING SERVICES, LLC AUTOMATED TRADING DATA. THIS
PAGE MAY BE PRINTED SO THAT YOU CAN RETAIN A HARD COPY OF IT.
1. For purposes of this Agreement, the term "Spike Trading
Services, LLC Automated Trading Data" means information
and data pertaining to automated trading of futures contracts
and options contracts, that includes, without limitation,
system parameters, performance of automated trading systems,
and real
or hypothetical results listed therein. With respect to the
viewer's obligations under this Agreement, Spike Trading
Services, LLC Automated Trading Data also includes information,
data
and materials that are derived from the foregoing and that
convey information to viewer that is substantially equivalent
to Spike Trading Services, LLC Automated Trading Data.
2. Viewer acknowledges and agrees that Spike Trading Services,
LLC has exclusive and valuable property rights in and to Spike
Trading Services, LLC Automated Trading Data, that Spike Trading
Services, LLC Automated Trading Data constitutes valuable confidential
information, trade secrets, and/or proprietary rights of Spike
Trading Services, LLC, not within the public domain, and that,
but for this Agreement, the viewer would have no rights or
access to Spike Trading Services, LLC Automated Trading Data.
3. DISCLAIMER OF WARRANTIES. VIEWER AGREES THAT SPIKE TRADING
SERVICES, LLC MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED,
WITH RESPECT TO SPIKE TRADING SERVICES, LLC AUTOMATED TRADING
DATA, OR THE ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT
LIMITATION, THE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY
COURSE OF DEALING OR USAGE OF TRADE.
5. Viewer agrees that neither spike Trading Services, LLC or
any of its affiliates, nor any of their respective members,
directors, officers, employees or agents, guarantees the sequence,
accuracy or completeness of Spike Trading Services, LLC Automated
Trading Data, nor shall any of them be liable to viewer, any
other individual, or any entity for any delays, inaccuracies,
errors or omissions in Spike Trading Services, LLC Automated
Trading Data, or in the transmission thereof, or for any other
damages arising in connection with viewer's receipt or use
of Automated Trading Data.
6. Viewer acknowledges that the information contained therein
is based on hypothetical results and therefore is not indicative
of future performance and is intended solely for informative
purposes and is obtained from sources believed to be reliable.
Viewer further acknowledges that Trading in Futures and options
involves substantial risk, and fluctuations in the value of
futures and options may cause clients to lose more than their
original investment.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH
ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR
IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE
ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND
THE ACTUAL RESULTS ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY
PREPARED WITH THE BENEFIT OF HINDSIGHT. 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.
IN ORDER TO INDICATE THE VIEWER'S AGREEMENT TO THE ABOVE TERMS, YOU, AS VIEWER,
MUST SELECT THE 'I AGREE' OPTION BELOW THAT CONFIRMS YOUR AGREEMENT TO THE ABOVE
TERMS.
I Agree