Except as expressly provided otherwise in an agreement between you and ProTradingTools, all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose. You and your broker use the ProTradingTools software at your own risk. In no event shall ProTradingTools be liable for any special, incidental, indirect or consequential damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability. This product could, and likely does, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the product without advance notice of any kind. ProTradingTools may also make (or accept from the applicable vendors or providers) improvements and/or changes in the products, services and programs described in this site at any time without advance notice of any kind.

ProTradingTools SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF ProTradingTools HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, ProTradingTools (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/ OR ANY THIRD PARTY.

NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO PROFITABILITY AND IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. ALL TRADING CARRIES SIGNIFICANT RISK OF LOSS AND SHOULD ONLY BE CONSIDERED BY THOSE WHO CAN AFFORD TO LOSE SOME OR MORE THAN ALL OF THEIR INVESTMENT.

Commission Rule 4.41(b)(1)(I) 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 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 profits or losses similar to those shown.