Terms and Conditions - Please Read DISCLAIMER: MDV Software Solutions provides educational and software services only. All information presented on these pages (MDVSoftwareSolutions.com), including all materials that may be sent to you by email from time to time, are presented for educational, informational and entertainment purposes only. No information on this site and no service or product provided by MDV Software Solutions shall be construed or interpreted as financial or investment advice. Any and all trade(s) or other financial transactions you may decide to execute based on information on these pages or on reliance of our service(s) are taken solely at your own risk for your own account. MDV Software Solutions, its principals, directors, employees or affiliates have no financial interest in the outcome of any trade that may be presented on this site. No information or statement on this site shall be interpreted as an offer to buy or sell financial instruments, including but not limited to futures, options, commodity contracts, cryptocurrencies or equities. You should seek advice from an independent financial advisor before making any short term or long term investment decisions.
CFTC RULE 4.41 HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
CFTC REQUIRED RISK DISCLOSURE
Futures and options trading has large potential for rewards, but also large potential for risk. You must be aware of those risks and accept them before you invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website and the products, services and other information contained herein is neither a solicitation nor an offer to trade futures, options or other financial products or services. No representation is being made that any account will or is likely to achieve profits or losses similar to those mentioned, shown or referred to or otherwise displayed on this website. Any past performance of any trading system or investment or trading method is not indicative of future results.
TERMS AND CONDITIONS:
By visiting our site (MDVSoftwareSolutions.com), using our services, and/or buying our products, you expressly agree to be bound by the following Terms and Conditions: ENTIRE AGREEMENT:
This Agreement governs the entire relationship between you and MDV Software Solutions. (Strathmore, Canada). LEGAL AGE REQUIREMENT: By visiting our website and/or using or purchasing any of our products and/or services, you acknowledge and warrant that you are of legal age and have the legal right to access these pages, use any of our services and/or buy any of our products in your jurisdiction, and you have the legal right to unconditionally and irrevocably agree to be bound by the Terms and Conditions set forth herein. You shall not access any part of this site or use or buy any of our services and/or products if you do not fully agree to be bound by all the Terms and Conditions set forth in this Agreement. SCOPE OF SERVICES: No principals or employees or affiliates of MDV Software Solutions are financial advisors or certified analysts under Canadian or international law. Therefore all information on these pages are strictly for educational, informational, and entertainment purposes only. Under no circumstances shall MDV Software Solutions. be regarded as a financial advisory service. You hereby agree that you will not make financial decisions based on information made available on this site. MDV Software Solutions its principals, employees and associates will not be held responsible for any loss or profit suffered or gained by any market participant for any reason. By visiting and using our site, and/or buying our services or products, you expressly agree to assume all risks and costs associated with any trading decision you endeavor to take.
LIMITATION OF LIABILITY: MDV Software Solutions, its principals, employees, or affiliates will, in no circumstances, be held liable for any loss, financial or otherwise, as a result of using any information, service or product presented on these pages. All information, services and products presented on these pages are provided as is, without warranty or representation of any kind. MDV Software Solutions, will not warrant the quality, accuracy, reliability, adequacy or completeness of any of information, service or product presented on these pages for any particular purpose, and expressly disclaims any liability for errors and/or omissions in all information, service or product presented. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PRINCIPALS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES IN CANADIAN, US OR INTERNATIONAL LAW (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT OR THIRD PARTY CONTENT, OF THIS SITE, YOUR USE OR INABILITY TO USE INFORMATION, SERVICES OR PRODUCTS PRESENTED ON THIS SITE, OR ANY DECISION OR ACTION YOU MAY DECIDE TO MAKE BASED ON ANY INFORMATION PRESENTED ON THIS SITE. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT MDV SOFTWARE SOLUTIONS, ITS PRINCIPALS, EMPLOYEES OR AFFILIATES MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY IN LAW (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) OR RECOVERY, EXCEED THE AMOUNT YOU SPENT ON SERVICES OR PRODUCTS PROVIDED BY US TO YOU OR USD100, WHICHEVER IS LESS. YOUR ONLY OTHER REMEDY IN CASE OF YOUR DISSATISFACTION WITH THE SITE, OUR SERVICES OR OUR PRODUCTS OR INFORMATION PRESENTED ON THE SITE IS TO STOP USING THE SITE AND THE SERVICES OR PRODUCTS OFFERED AND TO CANCEL ANY MEMBERSHIP OR SUBSCRIPTION YOU MAY HAVE. By purchasing our products and/or services, you acknowledge being aware of the inherent risk in trading and that past performance is not indicative of future results. MDV Software Solutions, its directors, principals, employees and/or affiliates will not be held liable and/or responsible for any results you achieve at your own discretion while using our products and/or services. By using our products and/or services you agree that all and any trading decision you may make is solely your own. BY USING OUR WEBSITE AND PURCHASING OUR PRODUCT(S) AND/OR SERVICE(S), YOU ACKNOWLEDGE AND ACCEPT THE TERMS OF USE STATED HEREIN. YOU ALSO AGREE TO HOLD HARMLESS MDV SOFTWARE SOLUTIONS AND/OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, OFFICERS, DIRECTORS AND/OR EMPLOYEES FROM ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR FINANCIAL AND/OR PSYCHOLOGICAL DISTRESS.
LEGAL RECOURSE: Under this Agreement, the parties agree to resolve any and all disputes exclusively through binding arbitration pursuant to relevant regulations on arbitration in the Province of Alberta (Canada). INTELLECTUAL PROPERTY: All information on the MDV Software Solutions pages is, unless indicated otherwise, intellectual property of MDV Software Solutions, and is protected by Canadian and international copyright laws. No part of this document may be altered, distributed and/or transmitted in any way without the prior written consent of MDV Software Solutions.
TERMINATION OR SUSPENSION OF PRODUCTS OR SERVICES: You further agree that MDV Software Solutions reserves the right to suspend or terminate any or all of its services at any time, and discontinue any or all of its products at any time, in which case any refunds will be offered solely at the discretion of MDV Software Solutions. 8. AMENDMENTS. MDV Software Solutions reserves the right to amend any part of this Agreement at any time by posting these Terms and Conditions on these pages. Any changes to the Agreement will be effective immediately. You agree to refer to this Agreement from time to time for any updates or modifications. By accessing this site, you accept and agree to have read, understood, and be bound by the current Agreement as posted on these pages and/or communicated to you by other means, including by email.
TESTIMONIAL DISCLAIMER : Testimonials appearing on this website may not be representative of the experience of other clients or customers and is not a guarantee of future performance or success.
SOFTWARE LICENSE AGREEMENT : THIS AGREEMENT is entered into as of the date of purchase (Effective date) by the CUSTOMER (LICENSEE) and MDV Software Solutions (hereinafter: MDV Software Solutions) with offices at 3 Briar Place, Strathmore, AB Canada (“LICENSOR”). WHEREAS, Licensee wishes to license software sold by MDV Software Solutions and available at www.MDVSoftwareSolutions.com. NOW THEREFORE, the parties hereto agree as follows:
GRANT OF LICENSE: Subject to the terms and conditions of the Agreement, MDV Software Solutions grants to Licensee a non-exclusive, non-transferable license to use the software identified in Exhibit A (the “Licensed Programs”). Licensee may use the Licensed Programs in executable format for its own use, but may not translate, re-work, disassemble, re-engineer or modify the licensed programs or incorporate them into other software. Licensee also may not, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form.
CONSIDERATION TO MDV Software Solutions: a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set forth. b. License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full. c. By purchasing any product(s) or service(s), Purchaser acknowledges and agrees that all sales are final and there will be no refunds for whatever reason.
COPIES: Licensee may make copies of the Licensed Program in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs. All rights to the Licensed Program is held by MDV Software Solutions. OWNERSHIP: The original and any copies of the Licensed Programs, made by Licensee are the property of MDV Software Solutions.
PROPRIETARY RIGHTS: Licensee recognizes that MDV Software Solutions regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Programs, or any portion thereof, to any other person(s), other than employees of Licensee without the prior written consent of MDV Software Solutions. Licensee further agrees to treat the Licensed Programs with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Programs.
TERM: The license granted hereunder shall continue unless and until terminated pursuant to Section 7 hereof and subject to Licensee’s proper performance of its obligations hereunder. TERMINATION: MDV Software Solutions may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within ten (10) days after written notice thereof from MDV Software Solutions.
TERMINATION CERTIFICATE: In the event of termination, Licensee will immediately discontinue use of the Licensed Programs.
WARRANTY DISCLAIMER: MDV Software Solutions licenses, and Licensee accepts, the licensed programs “AS IS.” MDV SOFTWARE SOLUTIONS, PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. 11. LIMITATION OF LIABILITY MDV SOFTWARE SOLUTIONS’ LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO MDV SOFTWARE SOLUTIONS IN NO EVENT SHALL MDV SOFTWARE SOLUTIONS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
NOTICES: All notices in connection with this Agreement shall be in writing and may be given by certified, registered, or first class mail or personally delivered at the address set forth on MDV SOFTWARE SOLUTIONS’ website (http://www.mdvsoftwaresolutions.com) . For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mail box. SUCCESSORS: This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
SEVERABILITY: In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part. GOVERNING LAW: This Agreement shall be governed and interpreted by the laws of the Province of Alberta. Both parties hereby consent to said exclusive jurisdiction.
NON-ASSIGNMENT: This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of MDV Software Solutions.
EXPORT REGULATIONS: Licensee understands that MDV Software Solutions is subject to regulation by agencies of the U.S. Government, including the U.S. Departments of Commerce and State, which prohibit export or diversion of certain technical products to certain countries. Licensee warrants that it will comply in all respect with the export and re-export restrictions set forth in the export license for the Licensed Programs and all other applicable export regulations. Licensee agrees to indemnify and hold MDV Software Solutions harmless from any loss, damages, liability or expenses incurred by MDV Software Solutions as a result of Licensees’ failure to comply with any export regulations or restrictions.
ENTIRE AGREEMENT: This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee’s purchase order or MDV Software Solutions’ order acknowledgment forms.
JURISDICTION: The Terms and Conditions pertaining to the use of this website and our products/services and provisions of our Privacy Policy shall be governed and interpreted pursuant to the laws of Canada.