Terms of Service
For Educational and Informational Purposes Only
The information provided in or through this Site is for educational and informational purposes only and solely as a self-help tool for your own use. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments and the risks involved. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
Not Legal or Financial Advice
I am not an attorney, accountant or financial advisor, nor am I holding myself out to be. Use of this Website and the Content is for your informational and educational purposes only. We do not recommend that you buy, sell, or hold any security. You understand that we do not offer investment advice, personalized or otherwise and we will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. We do not trade any securities on your behalf, nor do we offer, sell or solicit the offer or sale of any securities. We recommend that you conduct your own due diligence and consult a qualified financial professional of your choosing for personalized advice about your financial situation. You agree that the information on our Site is not legal or financial advice.
You aim to accurately represent the information provided to us on or through our Site. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Site, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Site to your life, family or business.
Past results of any individual trader or trading system published by the Website are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. You understand and acknowledge the following performance disclosures for the Merlin strategy:
Disclosure 1: January 2006 through October 2019 performance is based on backtests and simulated trading. All tests use survivorship bias free, total return, split adjusted Nasdaq 100 stocks for the trading universe. Tests include slippage and normal market impact of entering/exiting positions. Tests do not include: trading commissions, interest earned on idle cash balance, rotation into treasury or bond funds during periods where the strategy is not invested, or any borrow costs which is only applicable to the margin portfolio when the strategy is taking advantage of leverage.
Disclosure 2: The top 3 drawdowns calculation has been computed on backtested results on a closing trade basis. That means intraday and intra-trade drawdowns may have exceeded those thresholds.
Disclosure 3: Live trading for Merlin started in November 2019 and all performance metrics ongoing are mark to market snapshots from a live Interactive Brokers Pro account. Live trading is conducted on The Trade Risk's dynamically generated Leadership Watchlist. Live trading results include: 0.05c per share in commissions, slippage and normal market impact of entering/exiting positions, margin borrow costs when applicable (IBKR Pro rates), Idle interest earned on cash balances, and opt in to IBKRs stock yield program.
CFTC Rule 4.41
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVERCOMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED 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 THOSE SHOWN.
I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Site. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
Copyright and Limitations on Use
You acknowledge that all proprietary rights in this website and Content are and shall remain the sole and exclusive property of Company, and that you have no right or interest in this website or the Content other than the right to access this website and to use the Content in accordance with the terms and conditions contained in these Terms of Service. You may not use this web site for any commercial purpose or repackage or redistribute the Content in any way. You agree not to infringe or violate the copyrights of Company.
Only one individual may access this website using the username or password that has been provided to you. We reserve the right to terminate a membership or memberships at any time based on violations of the Terms of Service. You may not use any automated computer program to access or retrieve Content from this website. In addition, you may not copy, redistribute, disclose, forward (by e-mail or otherwise), furnish or sell any of the Content or your password/username to any third party. All rights not granted hereunder are expressly reserved to Company.
Subscription and Payment
We offer both individual products for sale and subscription, membership or other periodic fee-based services. For individual products purchased through the Site, a valid credit card will be required to complete the purchase and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the Site. When you purchase an individual product, such as trading tools, TC2000 scans, or custom coding, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
If you purchase a subscription to Company service or material, by authorizing Company to charge a payment card for the fees associated with your subscription(s), you are authorizing Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below.
Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term for a service will apply to subsequent subscription terms unless otherwise noted. During the term of your subscription, you agree to inform Company of any payment card information changes. You are responsible for the payment of any taxes associated with the purchase of services or materials from Company. In connection with any purchase of services or materials from Company, Company does not make any promise regarding the continuation of any current features or functionality or delivery of any future functionality or features.
Automatic Renewal, Term and Termination
Membership subscriptions will be set to automatically renew upon expiration. This means that unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term. You are responsible for canceling your own membership.
Your registration constitutes advanced consent to receive and pay for the Subscription in the future on a continuing basis, without further consent, until you or cancel the Subscription.
When you cancel, you are solely responsible for properly canceling your account or service. Your account or service may be cancelled at any time by (i) clicking here or by first logging into your Trade Risk account using the "Log In" link at the top of the website, clicking on the “Account” link at the top of the website, and then clicking on the "cancel" link and following the onscreen prompts, or (ii) by requesting such cancellation in writing by email to [email protected] which cancellation request must receive a confirmation of receipt from The Trade Risk and which cancellation will be processed by The Trade Risk in accordance with its timelines and procedures for email cancellations.
The cancellation of your account or service will immediately result in the deactivation and deletion of your account or service, the denial of access to the Website and the forfeiture and relinquishment of all content and information within or related to your account or service. You will not be entitled to any partial or pro-rated refunds.
There is no circumstance in which you will be entitled to, or Company is required to provide, a refund or credit for any reason, including, without limitation, satisfaction or your failure to cancel your account or service prior to its automatic renewal.
For month to month subscriptions, you are obligated to pay the entire monthly fee for the month of cancellation regardless of when the termination was initiated during the month. For semi-annual and annual subscriptions, you are obligated to pay the entire semi-annual and annual fee regardless of when the termination was initiated during the year.
There are no refunds given for digital goods and services purchased through the Site such as trading tools, scans, custom coding, or one on one consulting.
Scans, Trading Tools, & Strategies
All scans, trading tools, and strategies on the Site are the output of quantitative patterns and should not be relied upon exclusively to make buy or sell decisions. You should always use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments and the risks involved. It should not be assumed that any methods, techniques, scans, tools, or indicators presented on the Site will be profitable. The Company shall not be held liable for any errors or omissions in pre-built scans, trading tools, or strategies.
Custom Coding Services
We make every effort to test and validate every piece of code We write for customers to make sure it meets the highest coding standards and customer requirements, however We cannot guarantee nor should it be assumed the code delivered is without errors nor that the code will work as intended indefinitely. You agree that It is your responsibility to independently verify the accuracy and completeness of the The Company’s code before using it in your research process. The Company shall not be held liable for any errors or omissions in the code and the code is delivered “as is” without warranty.
We present real world experiences, testimonials, and insights about other people’s experiences with the Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.
Accuracy of Information
We do not warrant or guarantee that this website and Content are accurate, reliable or correct; that this website and Content will be available at any particular time or location; that any defects or errors in this web site or Content will be corrected; or that this website or Content are free of viruses or other harmful components. THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
Compliance with Applicable Law
You will comply with all applicable laws and regulations relating to the use of this Website.
Limitation of Liability
You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Website and information on the Site is to stop using the Site.
In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.