Disclaimer and Terms of Use


Agreement Between USER and ALY DEVELOPMENT LLC

We do not post our trades, nor do we make any claims about results and statistics about any mentioned trades or trade setups. You will see or hear trade signal and trade call results occasionally. However, we are in no way representing that similar results will be achieved by following our strategies and picks. In addition, we include as part of our disclaimer information that is required by the NFA in reference to back-tested trading systems as well as hypothetical track records, which is as follows:

Disclaimer

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 SUBSEQUENTLY 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.

THIS COMPOSITE PERFORMANCE RECORD IS HYPOTHETICAL AND THESE TRADING ADVISORS HAVE NOT TRADED TOGETHER IN THE MANNER SHOWN IN THE COMPOSITE. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY MULTI-ADVISOR MANAGED ACCOUNT OR POOL WILL OR IS LIKELY TO ACHIEVE A COMPOSITE PERFORMANCE RECORD SIMILAR TO THAT SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD AND THE ACTUAL RECORD SUBSEQUENTLY ACHIEVED.

ONE OF THE LIMITATIONS OF A HYPOTHETICAL COMPOSITE PERFORMANCE RECORD IS THAT DECISIONS RELATING TO THE SELECTION OF TRADING ADVISORS AND THE ALLOCATION OF ASSETS AMONG THOSE ADVISORS WERE MADE WITH THE BENEFIT OF HINDSIGHT BASED UPON THE HISTORICAL RATES OF RETURN OF THE SELECTED TRADING ADVISORS. THEREFORE, COMPOSITE PERFORMANCE RECORDS INVARIABLY SHOW POSITIVE RATES OF RETURN. ANOTHER INHERENT LIMITATION ON THESE RESULTS IS THAT THE ALLOCATION DECISIONS REFLECTED IN THE PERFORMANCE RECORD WERE NOT MADE UNDER ACTUAL MARKET CONDITIONS AND, THEREFORE, CANNOT COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FURTHERMORE, THE COMPOSITE PERFORMANCE RECORD MAY BE DISTORTED BECAUSE THE ALLOCATION OF ASSETS CHANGES FROM TIME TO TIME AND THESE ADJUSTMENTS ARE NOT REFLECTED IN THE COMPOSITE.

We Provide Education, Not Trade Recommendations

ALY DEVELOPMENT LLC publishes information that is educational in nature and designed to contribute to your overall understanding of various types of technical analysis and how we apply this information to the financial markets. We are in no way recommending the purchase, sale or short sale of any securities, options, futures, Forex or other financial instruments. Trading of stocks, options, futures, and Forex may not be suitable for everyone and may involve the risk of losing part of your money, all of your money, or in the case of futures, more than all of your money.

We at ALY DEVELOPMENT LLC are not Financial Advisors or Registered Analysts. We do not offer our various trade setups, software signals and indications as trading recommendations for you to copy. These models represent our own accounts and/or opinions and are intended to teach our style of short-term trading. We may or may not follow these methods exactly, both in live or simulated trading because our trading methods and software signals have and will continue to evolve and change. For example, members can see or hear chat room members pointing out a trade setup or our software audibly or visually pointing out a trade setup, or other actions taken in the live trading room to see what we are thinking or doing, and how we are handling that type of situation. It is up to you to make your own decisions as what you want to do with your own portfolio or account.

TICKSTRIKE software will be signaling specific trade setups, including possible entries and exits as part of the training process for ALY DEVELOPMENT LLC visitors and users. We strongly recommend the use of a simulator (trade on a simulated account with simulator software) while learning to trade.

We do not claim to have a special insight into the markets that prevent us from making mistakes. We do make mistakes. Our software is not and never will be bug-free. That is just the nature of trading and software. Observe our mistakes and utilize these lessons in your own trading programs. THE TICKSTRIKE SIGNALS ARE DEPENDENT ON FACTORS SUCH AS INTERNET CONNECTIVITY, YOUR COMPUTER SPECIFICATIONS, ANY PROBLEMS YOUR COMPUTER MIGHT HAVE, ETC. DUE TO THESE FACTORS BEYOND OUR CONTROL THE SIGNAL GENERATION MIGHT BE DIFFERENT THAN DESIGNED. ALWAYS USE YOUR OWN CHARTS TO DETERMINE ANY PROBLEMS. IF THE SIGNALS DON’T LOOK OR SOUND CORRECT, ASSUME SOMETHING IS WRONG WITH THE SIGNAL GENERATION AND FACTOR THAT INTO ANY DECISIONS YOUR ARE ABOUT TO MAKE.

Trading of stocks, and especially options, futures, and Forex may not be suitable for everyone. Though there are large potential rewards, short-term trading is very risky, especially when your accounts are fully margined. There is certainly a chance in which you can lose all of your money. If you are trading futures, there is a chance that your account can go negative, and that you will end up owing money to your broker. In addition, prior to buying or selling a stock, option, futures contract, or Forex, an investor will need a broker, and they must meet suitability requirements in order to trade these specific instruments.

By accepting this disclaimer you are acknowledging the risks involved in trading the stock, options, futures, and Forex markets and are also acknowledging that you, the subscriber, and not we at ALY DEVELOPMENT LLC, are solely responsible for any losses, financial or otherwise, as a result of using this service and software. ALY DEVELOPMENT LLC shall under no circumstances be liable for any lost profits, lost opportunities, misstatements, or errors contained within these pages, our educational material, and software indications. You also agree that ALY DEVELOPMENT LLC will not be held liable for data accuracy, server problems, or any special or consequential damages that result from the use of, or the inability to use, any or all of the materials published on our Website, our educational material, and software indications. You agree to hold we at ALY DEVELOPMENT LLC harmless for any act resulting directly or indirectly from this site, its data, content, materials, associated pages, documents, educational material, and software indications.

We at ALY DEVELOPMENT LLC may or may not have positions in the educational picks posted to the site through its newsletters, in the trading rooms, chat rooms, or software indications. In addition, 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, including the ability to withstand losses. Finally, past performance is in no way indicative of future results.

All Educational Material, Room Membership and Software sales are final. There is no refund issued if you cannot attend a workshop or chat room. However, in the event you do not attend a workshop, you will be able to use the money as a credit towards future workshops or other products and services. If you do not wish to use the credit towards future purchases, there is a 50% cancellation fee that will be processed and deducted from your refund. All software and subscription sales are final with no refund.

Purchase Agreement/End User License Agreement

Purchaser of any ALY DEVELOPMENT LLC service, subscription, course, DVD, CD ROM, software, book, or other product hereby agrees that they are the End User and may not rent, resell, lease nor otherwise resell neither the content nor the video they have purchased in any manner, by any venue. All sales are final for all products. Copyable media, including DVDs, CD-ROMs and other media may not be returned for a refund, but we will replace any defective media at no cost to the purchaser (contact us at support@TickStrike.com for assistance). Purchaser may not resale this or any ALY DEVELOPMENT LLC product via eBay, any other online auction site, nor any online classified forum nor any other resale venue of any kind.

By signing up for any of our subscription memberships, your funding source via the payment gateway (ie PayPal) that you choose, will automatically be charged the listed amount. Each member is only allowed to sign up for a specific type of membership according to the requirements listed on the purchase page. Once your subscription membership has expired, it will be automatically renewed and your funding source will be charged via the payment gateway you used. If you wish to cancel your subscription membership, it is your responsibility to email us and let us know that you would like to cancel or visit TickStrike.com, login and send us a message from the website, or use the membership management pages. You may also cancel by visiting the payment gateway (ie PayPal) and cancel your membership if supported by the payment method you chose. You must cancel the day before your renewal to escape any charges placed on your account. If you cancel the day of your renewal you will need to contact us in order to refund the transaction and cancel your membership. We honor all cancellation requests. If you choose to continue, payment for the appropriate services will be made by automatic charge using the payment gateway (ie PayPal) you used. Once you are an active member, your account will be renewed automatically each month. Unless and until this agreement is canceled by email, from TickStrike.com (logged in and send a message from the website), canceled from the TICKSTRIKE Membership area at TickStrike.com/Members, or via the payment gateway provider (ie PayPal) if supported by the payment method you chose, you are authorizing ALY DEVELOPMENT LLC to charge your payment gateway account (ie PayPal) for the ongoing cost of membership. We absolutely and positively honor all cancellation requests. There are no contracts or time obligations associated with our service.

Subscriptions may be canceled at any time by either party. These cancellations must be sent via email, through the TickStrike.com (logged in and send a message from the website), or canceled in the membership area at TickStrike.com/Members or via the payment gateway provider (ie PayPal) if supported by the payment method you chose. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from ALY DEVELOPMENT LLC, and if your request is not answered in 3 business days, you will need to contact us and confirm cancellation.

If you find yourself interested in our trading styles, remember that it is important to diversify your investments and not throw all of your money into one basket or technique. If you do copy our buys and sells, you are doing so at your own risk. We are not recommending that anyone copy us, and believe that all investors should make their own decisions. We are here to teach by example, through our successes and mistakes.

You agree to defend, indemnify and hold us and our affiliates harmless from any and all claims, liabilities, costs and expenses arising in any way from your use of any services provided by ALY DEVELOPMENT LLC.

We invite our subscribers to enjoy all the features this site has to offer. But we must require that each subscriber abide by certain rules so that no one’s rights are stepped on. Failure to abide by these rules can result in immediate termination of access to TickStrike.com, without refund or recourse.

Terms of Use

1. Do not share your logon passwords and user names. Our system is designed to detect this immediately, and suspend any account where more than one person signs on using the same username and password. 2. Do not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this site. Downloading is easy, but just because you may be able to copy our content doesn’t mean you own it. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. Please don’t violate our copyright. 3. No advertising, trading of goods or services, or other commercial use is allowed in our forum and or trading rooms. No bulk email, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum and or live trading rooms. 4. Please use your TickStrike.com User Name when posting to the discussion forum and trading rooms. Do not impersonate anyone else. 5. Treat other subscribers with courtesy and respect when posting messages to the discussion groups. No unnecessary name calling or abuse toward any subscriber is allowed. 6. Please avoid shouting (using all capital letters) in the discussion forum and trading rooms. 7. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language, or harass, abuse, or threaten other subscribers in the discussion forum and trading rooms. Do not libel or defame others. ALY DEVELOPMENT LLC strongly disapproves flaming. 8. When you post content in the TickStrike.com forum, chat rooms, and trading room, you permit ALY DEVELOPMENT LLC to display and distribute the content, and to use it for advertising and promotion. You grant to ALY DEVELOPMENT LLC the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.

We do not try to edit or to monitor messages posted on the TickStrike.com forum, chat rooms, and trading rooms, but ALY DEVELOPMENT LLC has the right to edit or remove objectionable postings. The person posting a message is solely responsible for it, not ALY DEVELOPMENT LLC. Violators may be permanently banned from using the forum and trading rooms, or even have their subscriptions terminated.

Copyright and Trademark Law

All editorial content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of ALY DEVELOPMENT LLC, which reserves all rights .

Limitation of Liability

ALY DEVELOPMENT LLC PROVIDES THE INFORMATION, SERVICES AND PRODUCTS ON THIS WEBSITE “AS IS” WITHOUT WARRANTIES OF ANY KIND. YOU ALSO AGREE THAT ALY DEVELOPMENT LLC SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE TICKSTRIKE.COM FORUM, CHAT ROOMS, AND TRADING ROOMS AND THAT YOUR USE OF THE TICKSTRIKE.COM FORUM, CHAT ROOMS, AND TRADING ROOMS AND ANY DOWNLOADING OF MATERIALS FOUND ON OR THROUGHOUT THE TICKSTRIKE.COM FORUM AND TRADING ROOMS IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR DATA THAT RESULTS. ALL EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE HEREBY DISCLAIMED TO THE FULL EXTENT PERMITTED BY LAW. ALY DEVELOPMENT LLC DOES NOT WARRANT THAT THE USE OF PERFORMANCE OF THIS WEBSITE WILL BE TIMELY, UNINTERRUPTED OR FREE OF ERROR, OR THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES. IN NO EVENT SHALL ALY DEVELOPMENT LLC, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES OR ANYONE ELSE ASSOCIATED WITH ALY DEVELOPMENT LLC BE LIABLE FOR ANY LOSS OR INJURY, DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OR PERFORMANCE OF THIS WEBSITE OR FROM ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE, EVEN IF ALY DEVELOPMENT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE EXCLUSION OF LIABILITY FOR CERTAIN WARRANTIES, SUCH EXCLUSION DOES NOT APPLY TO YOU TO THE EXTENT LIMITED BY LAW.