TERMS AND CONDITIONS

In using the website www.daytradingcoach-international.com od www.daytradingcoach.de  or DaytradingCoach (DC) products and services you are bound by the following terms and conditions.

Please read this whole page in full. If in any doubt whatsoever then you should take the advice of your Lawyer and/or Registered Financial Planner. ANYTHING and EVERYTHING at all that we say is for informational and entertainment purposes only – Do not be confused that we are making any recommendations at all – We are not.

DC Terms and Conditions of sale

BEFORE MAKING A PURCHASE: ALL SALES ARE FINAL AND THERE ARE NO REFUNDS. IF YOU DO NOT AGREE WITH THIS, DO NOT PURCHASE.

Dear valued Customer – It is your responsibility to read the Terms and Conditions of Sale, the Disclosure and Disclaimers related to speculation, futures and commodity trading in the free markets and the DC License Agreement.     
Please scan and attach the DC License Agreement to an email to systems@daytradingcoach-international.com

1. Notice of revocation rights

For purchases at the DaytradingCoach trading store, the German jurisdiction applies.

Some products which are offered here, are only available electronically (by downloads). The receipt equals an unsealing of the Software or the online teaching material or video.
As a result of § 312, clause 4, number 2 BGB your right of withdrawal expires upon receipt of the software, or other electronic media.           
Purchasers, who are consumers, are entitled by applicability of the regulations for distance contracts to a right to revoke the contract on condition of the following instructions:

1.1 Revocation rights

You can revoke your contractual statement within a revocation period of 14 days – without indicating reasons – in written form (e.g. letter, fax, e-mail) or,  if the item is delivered to you before expiry of the time limit, also by returning the item.                
The revocation period does not start before the delivery and the reception of this instruction. Timely dispatch of revocation is sufficient to observe the revocation deadline.     

Revocations are to be declared to:

DaytradingCoach, Martin Goersch, Marktstr. 3, 46045 Oberhausen, Germany 
service@daytradingcoach-international.com   
www.daytradingcoach-international.com          

Revocation consequences

In the event of a valid revocation, the performance received by either party is to be returned to the respective other and the proceeds of any utilization (e.g. interest) submitted.
If Purchaser cannot submit / return the received performance and benefits (e.g. utilization benefits), or submit / return them only partially or in a deteriorated condition, Purchaser needs to compensate us to the required extent. Purchaser must pay compensation for degraded items only insofar as the deterioration is due to handling of the items beyond testing of properties and functionality, as it would have been possible in a retail shop.
Items which can be dispatched in packages are to be returned and Purchaser must bear the costs and risks of return.
Obligatory refunds of payments must be made within 30 days after sending the revocation or returning the goods.

Notice:

  • Your revocation right expires prematurely if the contract has been completely fulfilled by both parties at your explicit request before you exercise your revocation right.
  • Contract declarations of software can only be revoked if the licensed disc is still in its sealed condition.
  • Your right of withdrawal expires prematurely if you have started with use of the service before the end of the withdrawal period, this means with the first use of the software, such as for software download.
  • If you do business within the meaning of § 14 BGB and act upon conclusion of the contract in the performance of your commercial or self-employment, there is no right of withdrawal.

If parts or individual formulations of this text are not, no longer or not completely correct, the remaining parts of the document in their content and validity are unaffected.

2. If other retailers market our DaytradingCoach products, we will make no guarantees that they will not sell it at a different price than the DC Trading Store, whether that price be higher or lower than our own online store. We reserve the right to change the price and/or discount any of our products at any time, we also reserve the right to remove and/or cancel any services at any given time.

3. DaytradingCaoch Martin Goersch (DC) shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold DC liable for, any technical problems, system failures and malfunctions, “bugs”, communication line failures, equipment or software failures and malfunctions, and other similar problems or defects related to the Licensed Software or any problems or defects with the customer’s computer. The Licensed Software is provided “as is” and DC disclaims and Customer hereby expressly waives, all warranties, express or implied, including any warranties or guarantees with respect to the Licensed Software, including without limitation, warranties of merchantability or fitness for a particular purpose. DC shall not be liable to Customer or any third parties for any loss, cost, damage or other injury, (including but not limited to consequential, exemplary, special, indirect, incidental or punitive damages relative to loss of data, loss of use of any equipment or goods, network downtime costs, or for loss of profit or revenues arising there from) whether in contract or tort arising out of or caused in whole or in part by Customer’s use of or reliance on the Licensed Software or its content even if DC is advised of the possibility of such damage.

4. Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the Licensed Software, and that past results are not necessarily indicative of future results or performance.

5. DC makes no representations concerning the suitability of the Licensed Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Licensed Software is suitable for Customer.

6. Customer will hold harmless and indemnify DC and its officers, directors, employees and agents, from and against any and all losses, costs, damages and liabilities, including reasonable attorneys’ fees, resulting directly or indirectly from the use of the Licensed Software by Customer or Customer’s agents, including any claims brought against DC that arise out of or relate to the use of the Licensed Software by Customer, or Customer’s agents

DISCLOSURE/DISCLAIMER

U.S. Government Required Disclaimer                
Commodity Futures Trading Commission. Futures, options, and spot currency trading have large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4.41
PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS, AND THIS DOES NOT GUARANTEE PROFITS OR PREVENTION OF LOSS. 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.


DC Website Terms and Conditions

These Terms and Conditions (the “Website Terms and Conditions”) govern your use of the websites, your receipt of services and information made available through the websites, and your use of any free trials or versions of DC products available through our website www.daytradingcoach-international.com (collectively, the “Services”).

Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing any of this website or using the services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with them.

In addition, if you register as a user (a “Subscriber”) of any of the features of our websites or services offered through our websites, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button; your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time.

 1. Conditions on Participation

You may use the Services only if: (i) you are eighteen (18) years of age or older and are of the age of consent in your jurisdiction; (ii) your use of the services will not violate any law in any applicable jurisdiction in any country. (iii) You understand the risk statement and agree fully to all content of these terms and the indefinite survival of all articles.

2. Purpose of Services and Websites

The services and websites are made available solely as a convenience to you for general informational purposes. This information is not intended for use without professional advice.

If you rely on the information it is at your own risk and DC will not accept liability of whatever nature and howsoever arising in respect of any claim, damages, loss or expense, whether direct or indirect including consequential loss or loss of profit, arising out of or in connection with the reliance by you, the browser, on the contents of this website, or the user of the products and services described herein.

We may or may not get an affiliate commission from companies or individuals recommended and/or advertised within the DaytradingCoach pages. We may also hold accounts ourselves with these companies. We may have trading positions ourselves in any of the trading instruments mentioned within our pages, you should not assume that we do or do not hold positions and you should make your own mind up regarding any positions you take yourself – If in doubt then contact a registered financial advisor – We do not offer such services. Any information contained within our pages is for entertainment purposes, our research may be out of date or inconsistent with current standard practice of anything mentioned within the pages.

Advertisements on this site are not recommendations by DC, and you must not assume that they are. Please use caution when using advert links from our site, indeed from any site – If in doubt, seek Professional Advice.

3. Disclaimer regarding Content

DC cannot and does not represent or guarantee that any of the information available through the services or websites is accurate, reliable, current, complete or appropriate for your needs. Various information available through the services or websites may be provided by parties with whom DC has no relationship (or no relationship other than one established through these Terms and Conditions).

4. Ownership of Information; Downloading of Materials; Redistribution of Data

Unless otherwise noted, all right, title and interest in and to the websites, and all information made available through the websites or the services, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of DC or its affiliates. To the extent that the websites or the services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”)

YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES (WHETHER PERSONAL OR BUSINESS) INCLUDING, BUT NOT LIMITED TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF BWT.

5. Complaints over Perceived Copyright Infringement

If you believe materials posted on our Websites infringe the copyright in your Work, you must direct your concerns to our legal department.

Content of Notice:

Your notice should contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property;
  2. Identification of the copyrighted work that you believe has been infringed
  3. Identification of the material on our Websites that you believe is infringing, with sufficient specificity to permit us to locate the material without undue searching; and
  4. Information reasonably sufficient to permit us to contact you, including an address, telephone number and, if available, an e-mail address;
  5. A statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the information on the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

6. Product Free Trials and Demonstrations

All product demonstrations (“demos”) may only be used during the time periods specified for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.

7. Professional/ Non Professional Status

With respect to services involving the receipt of financial market information, if you are a professional broker, dealer or trader or employed by or conducting business in the securities industry, you must agree to be bound by your agreements with the Data Providers before utilizing the services for commercial purposes.

If you are not such a professional, you agree to use the services solely in your own individual capacity, and solely in connection with your own individual personal investment activities and not in connection with any trade or business activities.

8. Severability

Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the other provisions shall not be affected thereby.

9. Choice of Law; Choice of Forum

In using this website, the user agrees to submit exclusively to the law of the United States and the jurisdiction of the courts of the United States in respect of any dispute arising out of use of the website.

10. Indemnification

You agree to indemnify and hold harmless DC, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims.

This website is for information, educational, testing and training purposes only. Use of the products on this website is intended initially for use in trade simulation and testing. Using these products or information – when live trading it is with the absolute discretion of you the trader and that they have indemnified DC and any of its employees or directors against any potential losses that may rise from improper use of products or information – or incidental losses of any kind.

11. Force Majeure

In addition to applicable disclaimers, stated above, DC’s performance under these Website Terms and Conditions and the Services shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of Data Providers or other third party information providers, third party software or communication method interruption.

12. Disclaimer of Right to Sue

You release DC, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Websites or Services, or arising in any way from content posted to any of the Websites by any third party

13. Your Consent

By using this website, you agree to comply with, and be bound by these Website Terms and Conditions. If you do not agree with some, or all of these Website Terms and Conditions, you are not authorized to visit our websites or use our products and services

DISCLOSURE/DISCLAIMER

This website is neither a solicitation nor an offer to Buy/Sell futures or options.             
Do not consider the trading of any financial product without professional advice, DaytradingCoach, its owner nor its employees are registered investment advisors. We will not and cannot give any personalized investment advice. If you wish for personalized investment advice, please consult with someone who is a Certified Financial Planner. If in doubt, talk to your Lawyer, Accountant, or even an Investment Professional at your Bank.             
The past performance of any trading system or methodology is not necessarily indicative of future results. Futures, options, securities trading and trading of any other derivatives have risk of loss and may not be suitable for all persons.

No Trading or Investment Advice provided

Trading and investment carry a high level of risk, and DaytradingCoach does not make any recommendations for buying or selling any financial instruments. We offer educational information on ways to use our sophisticated trading tools, but it is up to our customers and other readers to make their own trading and investment decisions or to consult with a registered investment advisor.

Additional Risk Disclosure        

Trading with Futures and any other derivatives contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.

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.