User Policy

ANCYM ASL IS A TECHNICAL ANALYSIS TOOL THAT PROVIDES ITS USERS WITH A PROPRIETARY METHOD OF IT ANALYZING THE MARKETS.

THE INDICATOR PREDICTS WHETHER THE AVERAGE OF TOMORROW’S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY AFTER TOMORROW (BOTH UNKNOWNS AT THIS TIME) WILL BE HIGHER OR LOWER THAN THE AVERAGE OF YESTERDAY’S TYPICAL PRICE AND THE TYPICAL PRICE OF THE DAY BEFORE YESTERDAY. THIS GIVES THE EXPECTED TREND DIRECTION FOR EACH MARKET OVER THE NEXT TWO DAYS.

THE COMPANY MAY RECEIVE PRODUCT CREDITS/REBATES OR FEES, INCLUDING REFERRAL FEES, FROM OTHERS, INCLUDING DATA VENDORS AND OTHER ENTITIES WHO PROMOTE PRODUCTS AND SERVICES WHICH MAY BE OF INTEREST AND BENEFIT TO COMPANY CUSTOMERS AND IN WHICH THE COMPANY PROVIDES ITS CUSTOMERS WITH PROMOTIONAL INFORMATION AND DETAILS ON THE PRODUCTS AND SERVICES OF OTHERS FOR WHICH THE COMPANY MAY RECEIVE SUCH PRODUCT CREDITS/REBATES OR FEES. THE COMPANY HAS NO AFFILIATION WITH ANY BROKERAGE FIRMS AND DOES NOT GET INVOLVED WITH TRADING, TRADE RECOMMENDATIONS OR ACCOUNT ADMINISTRATION SINCE WE ARE NOT LICENSED, REGISTERED BROKERS. YOU MUST MAKE YOUR OWN TRADING DECISIONS AND WORK OUT YOUR OWN SPECIFIC TRADING GUIDELINES WITH YOUR BROKER.

THE COMPANY RESPECTS THE PRIVACY OF ITS VISITORS AND CUSTOMERS. COMPANY DOES NOT SELL OR SHARE ANY INFORMATION OR DATA THAT IT OBTAINS THROUGH ITS WEBSITE WITH UNAFFILIATED THIRD PARTIES.

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. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. 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. THE COMPANY HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. BECAUSE THERE ARE NOT ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, CUSTOMERS SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS. FUTURES AND OPTIONS TRADING INVOLVES RISK, IS NOT FOR EVERY TRADER, AND ONLY RISK CAPITAL SHOULD BE USED.

THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING AND PARTICIPATING IN THE FINANCIAL MARKETS AND THAT THIS RISK IS PRESENT EVEN WITH THE USE OF A TOOL LIKE ANCYM CORP. WHICH DOES NOT ELIMINATE THE RISK, OR GUARANTEE PROFITS OR THE AVOIDANCE OF LOSSES. WHILE THIS RISK CAN BE MANAGED AND EVEN REDUCED, IT CAN NEVER BE ELIMINATED. GIVEN THIS RISK, IT IS NOT PRUDENT OR ADVISABLE TO MAKE TRADING DECISIONS THAT ARE BEYOND YOUR FINANCIAL MEANS OR INVOLVE TRADING CAPITAL THAT YOU ARE NOT WILLING AND CAPABLE OF LOSING.

ANCYM’S INDICATORS/FORECASTS DO NOT CONSTITUTE TRADING ADVICE OR AN ENDORSEMENT OR RECOMMENDATION BY THE COMPANY OF ANY TRADING METHODS, PROGRAMS, SYSTEMS OR ROUTINES. COMPANY’S PERSONNEL ARE NOT LICENSED BROKERS OR ADVISORS AND DO NOT OFFER TRADING ADVICE.

Copyright and Intellectual Property Policy

We assume no responsibility for content on other web sites that you may find or access when using our products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not our Terms of Service, govern your use of that material.

It is our policy, in appropriate circumstances and at its discretion, to disable/remove indicators and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company.

License Agreement

This is a legal agreement (the “Agreement”) between you (“Licensee” or “You”) and Ancym Corporation, a Nevada Corporation (“Company”). Carefully read this Agreement before installing the Ancym ASL/Indicators (“ASL”) on your computer.

1. Non-exclusive License  Company hereby grants to Licensee a non-exclusive, non-assignable and non-transferable limited License to use Licensed Package subject to the terms and conditions set forth in this Agreement and subject to the payment by Licensee to Company of the necessary fees as specified by the Company.
2. Use of Product  As a Licensee, all Ancym Corp. Products and all Market Applications will function during the first 30 day Start up Period following the date of Initial Activation of Ancym Corp. indicator by Licensee on Licensee’s computer. Licensee understands that Licensee must contact the Company within the 30 day Start Up Period to complete subscription of the Licensee’s Enabled Product(s) and Licensee’s Enabled Applications, so that they will continue to function in Ancym Corp. after the Start Up Period. If Licensee does not complete Registration of Licensee’s Enabled Product(s) and Licensee’s Enabled Applications within the Start up Period, Ancym Corp. will become disabled and will not function. However, Ancym Corp. can be restored at any time by contacting the Company to complete and activate subscription of the Licensee’s Enabled Product and Licensee’s Enabled Applications.
3. Restrictions on Use  Licensee shall not copy, reprint, reproduce, duplicate, or modify any part of Licensed Package (electronically or otherwise) or assist any other party in doing so either during or after the term of this Agreement. Licensee agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Licensed Package or information made available to Licensee under this Agreement, or to enable or attempt to enable Ancym Corp. Products and/or Market Applications without Company’s permission and payment of prescribed fees to Company as the Company may specify. Licensee further agrees not to create derivative works based upon Licensed Package, or any part or Market Application thereof, or allow or authorize others to do so. Licensee shall not rent, lease, or lend Licensed Package, provide commercial hosting services with Licensed Package or use Licensed Package in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of the Licensed Package in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, video, online forums, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose, including any commercial venture or purpose in which the Licensee seeks to receive a fee for service. Licensee represents and warrants that Licensee will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Licensed Package is in any way a part of said commercial business venture. Notwithstanding all the above, Licensee may make one copy of any software programs contained in Licensed Package for purposes of backup only and may only transfer such copy to one of Licensee’s hard disks. Any such copy made must include the appropriate copyright notice as contained on the copy in Licensed Package originally provided to Licensee.
4. Restrictions on Disclosure  Licensee shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Licensed Package or any part thereof or any output derived from the use of Licensed Package, in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Licensee’s own brokerage account. Licensee shall not use Licensed Package or any part thereof on more than one computer at any time whether on a network or otherwise.
5. Liability for Unauthorized Use or Disclosure  Licensee acknowledges that any unauthorized use or disclosure of Licensed Package will diminish the value of the Company and its products and will cause irreparable and continuing damage to the Company for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, Company will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.
6. Title  Licensee acknowledges that all title to and ownership rights in Licensed Package and any part thereof, including, without limitation, all Ancym Corp. Products and Market Applications including but not limited to all Licensee’s Enabled Products and all Licensee’s Enabled Applications, all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto (herein collectively referred to as the “Licensed Package & All Derivations”), all Updates (as defined below), and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned and/or exclusively licensed by the Company. Licensee shall not acquire any rights in Licensed Package & All Derivations of such Licensed Package, or any part thereof, or in any Update by virtue of this Agreement. The Company shall retain all title to and rights in physical materials included in Licensed Package and licensed under this Agreement.
7. Disclaimer of Warranties  COMPANY’S SOLE AND EXCLUSIVE WARRANTY IS THAT THE INFORMATION/SOFTWARE YOU DOWNLOAD IS FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF INITIAL RECEIPT BY LICENSEE (AS DEFINED IN SECTION 8). If, under normal use, the downloaded software has such a defect within the first ninety (90) days from the Date of Initial Receipt, Licensee is entitled to replacement of the defective software in accordance with Section 9 of this Agreement. LICENSEE ACKNOWLEDGES THAT COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF, OR ACCESS TO, THE LICENSED PACKAGE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT INACCURACIES OR DELAY DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION NATURAL CATASTROPHES; GOVERNMENTAL ACTS; POWER FAILURE, BREAKDOWNS OR FAILURE OF COMMUNICATIONS SYSTEMS OR THE INTERNET; PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED; TECHNICAL FAILURE OF THE LICENSED PACKAGE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS OR OMISSIONS OF THIRD PARTIES. LICENSEE ACKNOWLEDGES THAT COMPANY MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF LICENSED PACKAGE FOR USE BY LICENSEE, AND THAT LICENSEE SHOULD DETERMINE FOR HIMSELF OR ITSELF WHETHER, AND TO WHAT EXTENT, THE USE OF LICENSED PACKAGE IS SUITABLE FOR LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO LICENSED PACKAGE, OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OPERATION, OR RELIABILITY THEREOF; OR TO THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY COMPANY OR A THIRD PARTY; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED USE BY LICENSEE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MARKETS COMPRISING THE MARKET APPLICATIONS WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE. COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. Licensee acknowledges that Company is not a market data provider, that Licensee will need to obtain and download daily end-of-day data compatible to Ancym Corp. from a, third-party data provider at Licensee’s sole expense, and that Company and Ancym Corp. do not have mechanisms for, and do not endeavor to detect, errors, omissions, data non-delivery, data mis-delivery or other problems with the data provided by Licensee’s data provider, and that it is the data provider’s, not Company’s, duty to notify Licensee of any such errors, omissions, or other problems with the data provided. Accordingly, the Company shall not be responsible for any errors, omissions or other problems in the data used by Licensee in conjunction with Licensed Package or any disruptions in the provision or transmission of such data by the Licensee’s data provider to the Licensee’s computer, which could cause the Licensed Package to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.
8. Date of Initial Receipt  It is understood that the Date of Initial Receipt by Licensee is the earlier of: (a) the date that Licensed Package was delivered to the address provided to Company by Licensee and signed for by an adult at that address, (b) the date that the Company sent an email to the email address given to the Company by the Licensee, in which the email contained a link to allow the Licensee to download Ancym Corp. from Company’s website over the internet, or (c) the date that Company hand-delivered the Licensed Package to the Licensee at Company’s place of business.

9. Damages

   COMPANY’S ENTIRE AND MAXIMUM LIABILITY SHALL BE FOR THE LICENSEE’S INTINAL PACKAGE FEE TO ANCYM CORP.. NEITHER COMPANY NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF LICENSED PACKAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, INVASION OR LOSS OF PRIVACY, OR FOR BREACH OF ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, NEGLIGENCE OR OF WORKMANLIKE EFFORT), HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, OR INACCURACIES IN ANCYM CORP., DOCUMENTATION OR OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR SERVICE FURNISHED TO LICENSEE BY COMPANY IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, INACCURACIES OR SUCH DAMAGES OR CLAIM. LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE, INTERNET CONNECTION, TELEPHONE, DATA FILES OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF LICENSED PACKAGE.

10. Updates  The Company agrees, but is not obligated, to advise Licensee of any modifications, and enhancements and updates to Licensed Package (herein referred to collectively as “Updates”) as they are released by the Company provided that Licensee has kept the Company current with updated contact information including email address, mailing address, cell and daytime telephone number. Licensee agrees to put Company’s email address into his email application whitelist to avoid having spam filters block emails sent by the Company to Licensee. Upon payment of prescribed fees to Company, as the Company may specify from time to time for such Updates, Licensee will be entitled to receive and use such Updates in accordance with Section 26 of this Agreement. If Licensee chooses not to pay for such Updates as they become available, Licensee will still be entitled to continue to use previous versions of Licensed Package that Licensee had paid for. However, it is understood that such previous versions may no longer undergo any further modifications, neural network retraining, improvements or enhancements by the Company in its sole discretion. Upon receipt of any Updates, if requested by the Company to do so, Licensee agrees immediately to return to the Company all previous versions of Licensed Package then in his or its possession or to delete and remove them from Licensee’s computer.
11. Mandatory On-Line Activation  a) Licensee acknowledges that Licensee, at Licensee’s sole expense, is responsible for and must provide all computer hardware, Internet connection, telephone and other equipment, and operating system software necessary to comply with the requirements needed for Initial Activation, Registration, and Reactivation of Ancym Corp. and that such Initial Activation, Registration, and Reactivation are based on the exchange of information between Licensee’s computer and Company through an Internet connection. Licensee acknowledges that there are technological measures in Ancym Corp. that are designed to prevent unlicensed or illegal use of Ancym Corp., and that the Company may use such measures, which may include installing them on Licensee’s computer to verify Licensee’s compliance with the terms of this Agreement. Licensee agrees to adhere to any requirements regarding such measures. b) Licensee agrees that it will not take any action that imposes an unreasonable or disproportionately large load on Company’s on-line activation infrastructure. If it is determined that Licensee acted with the malicious intent of disrupting, destroying, or overloading Company’s on-line activation infrastructure, Licensee will be liable to the Company for any and all available legal and equitable remedies. Such remedies would include but not be limited to reimbursing Company for all costs associated with returning the infrastructure to its normal operating level and reimbursing Company for any lost profits resulting from the disruption, destruction, or overload of its infrastructure.
12. Customer Support Company agrees to provide Licensee with reasonable telephone customer support (herein referred to as “Initial Support”) for a period of six (6) months from the Date of Initial Receipt of Licensed Package by Licensee. A non-cancelable, non-transferable, annual prepaid customer support plan (“Paid Customer Support”) is available upon the expiration of the Initial Support period during the product lifecycle of Licensed Package. Neither the Company, nor its affiliates, in the performance of providing Initial Support or Paid Customer Support services, provides or offers trading advice, strategies or systems of any kind. The sole purpose of support services is to assist Licensee in the use of the Licensed Package.
13. Exchanges and Deactivation  Licensee is entitled to exchange one or more Licensee’s Enabled Applications for other Market Applications in the same Licensee’s Enabled Product and is entitled to deactivate Ancym Corp. from one computer and install and register it on another computer, at the then-prevailing prescribed fees set by the Company.
14. Speculative Nature  Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of Licensed Package. Licensee acknowledges and understands that Licensed Package provides information regarding possible future market movements based upon historical analysis of past market movements, that Licensed Package does not provide specific trade recommendations including buy and sell signals, that the individual markets comprising the Market Applications may not behave as indicated by the output derived from the use by Licensee of Licensed Package and that Licensee bears the sole risk for all orders for trades placed by Licensee as a result of considering such output. Licensee also acknowledges that Ancym Corp. and documentation furnished by Company in Licensed Package are an analytic tool only and are not intended to replace Licensee’s individual research or receipt of professional investment advice, and that neither the Licensed Package nor the Initial Support or Paid Customer Support related to the Licensee’s use of the Licensed Package constitute the provision of trading advice or an endorsement or recommendation by the Company of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS AGREEMENT OR ANY PROMOTIONAL MATERIALS LICENSEE HAS REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY THE COMPANY OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF LICENSED PACKAGE INCLUDING THAT OF ITS PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT COMPANY ALSO MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT ANCYM COPR. IS AN ANALYTIC TOOL AND NOT A TRADING SYSTEM AND THAT COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. LICENSEE ASSUMES FULL RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE’S TRADING RESULTS SUCH THAT HIS OR ITS PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING LICENSED PACKAGE AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS THE COMPANY RESPONSIBLE FOR LICENSEE’S TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES. FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. LICENSEE AGREES THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN LICENSED PACKAGE OR IN ANY OF COMPANY’S PROMOTIONAL MATERIALS. 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. THE COMPANY HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.
15. Hold Harmless; Indemnification; Release; Covenant Not to Sue Licensee acknowledges it is fully aware of the hazards and risks, including financial risks, associated with trading in commodity and financial futures, Forex, Crypto, and the use of Licensed Package. In part consideration of the License granted herein, Licensee agrees to release, indemnify and hold harmless the Company, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of Licensed Package or trading decisions and payment of any fees associated with the License, Updates or Paid Customer Support. Such hold harmless, release, discharge, waiver, and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Licensed Package or the promotion or marketing thereof. However, such Liabilities shall not include Company’s obligation, under Section 9 above, to replace defective software.
16. Intended Use It is agreed by the parties that commodity and financial futures, Forex, and Crypto, are the intended users of Licensed Package. Licensed Package is not designed for educational use or uses outside the commodity and financial futures, Forex, Crypto fields. Licensee hereby represents to Company that Licensee is aware of the risks associated with the commodity and financial futures, Forex, Crypto fields and any program of trading therein.
17. Export Restrictions Licensee acknowledges that Licensed Package is subject to U.S. export jurisdiction. Licensee agrees to comply with all applicable international and national laws that apply to Licensed Package, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties, and fees where applicable.
18. Governing Law, Jurisdiction, and Venue This Agreement shall be governed, interpreted, and construed in accordance with the decisional laws of the State of Nevada. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement, a similar prior agreement, your account, your license to use the Company’s services, or the relationship between You and Company and its affiliates being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. If awarded, the total of all damages due to Licensee shall be in accordance with Section 9 above. The parties hereby both knowingly, voluntarily, intentionally, and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Subject to the dispute resolution and arbitration procedures set forth in section 27, Licensee and the Company each agree that the exclusive venue for bringing and maintaining any action not subject to arbitration arising out of, related to, or in connection with this Agreement, a similar prior agreement, your account, your license to use the Company’s services, or the relationship between You and Company and its affiliates shall be in Clark County, Nevada or federal court for the Middle District of Florida, Tampa Division. Licensee and the Company agree that, if Licensee brings any action or proceeding against the Company in any other venue in violation of this forum selection clause and the Company is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, Company will be immediately entitled to recover its costs and attorney’s fees associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction in the State of Nevada and hereby waives any claim or defense that such venue is not convenient or proper, and consents to service of process by any means authorized by Florida law.
19. Term  This Agreement shall remain in effect until terminated by one or more of the following occurrences: (a) Breach by Licensee of any term or condition of this Agreement; provided that, except as set forth below, Company shall give Licensee written notice of such termination at the last known address of Licensee. If Licensee fails to cure such breach within ten (10) days after such notice, Licensee shall immediately cease all use of Licensed Package. (b) Without notice, upon breach by Licensee of any of the conditions set forth in Section 3 or Section 4 above. Upon termination due to any occurrence enumerated in Subsections 19(a) or 19(b) above, Licensee shall immediately return to Company the Licensed Package & All Derivations and all Updates in Licensee’s possession, including all copies, documentation, and materials, without refund or credit and without prejudice to any other rights the Company may have.
20. Refund Since my purchase is a digital product and intangible because it is knowledge and sources, it is deemed “used” after download or opening, and is non-refundable. There is a strict no refund policy for any reason whatsoever
21. Successors  It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon Company, its successors and assigns, and Licensee, his or its successors, heirs, and personal representatives.
22. Attorney’s Fees  Subject to the dispute resolution and arbitration procedures set forth in section 27, in the event Company should be required to take legal action to enforce any of the provisions of this Agreement in a claim not subject to arbitration, the Company may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from the Licensee whether or not litigation results. This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Licensee against Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Company of the provisions of this Section.
23. Construction  Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
24. Entire Agreement  The parties agree that this Agreement is the entire License Agreement between them governing the use of Licensed Package by the Licensee and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof.
25. Modifications  The parties agree that this Agreement cannot be changed by any oral statements, but only by a license agreement modification (“License Agreement Modification”). The Licensee must execute and return a License Agreement Modification and Company must receive the License Agreement Modification executed by Licensee, postmarked within ten (10) days from the date that the Company sent the License Agreement Modification to Licensee. The License Agreement Modification shall become effective (the “Effective Date”) upon receipt by the Company.
26. Changes to Licensed Package  The parties agree that this Agreement shall govern and control all obligations of Licensee with respect to the current version of the Licensed Package licensed to the Licensee and that any updated and subsequent versions of Licensed Package provided to the Licensee by Company in accordance with Section 10 of this Agreement shall be governed by the version of the License Agreement accepted by the Licensee when installing such updated and subsequent versions of Ancym Corp. on Licensee’s single computer; provided, however, that, this version of the License Agreement shall control if the installation and/or use of such updated and subsequent versions of Ancym Corp. are not supported by consideration. Obligations of the Licensee with respect to the enabling of additional Ancym Corp. Product(s) and/or Market Applications on the Licensee’s existing computer, or the licensing of Ancym Corp. on a Licensee’s second computer, shall be governed and controlled by the applicable License in accordance with Section 2(b) and 2(c) of this Agreement at the time the new Ancym Corp. Products and/or Market Applications are enabled on the Licensee’s initial computer, or Ancym Corp. is installed on the Licensee’s second computer under a new License.
27. Dispute Resolution/Arbitration. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT AFFECTS YOUR RIGHTS, AND THE RIGHTS OF THOSE TO WHOM YOU PROVIDES ACCESS TO YOUR ACCOUNT AND/OR LICENSE TO USE THE COMPANY’S SERVICES. Except as expressly provided below, You and Company agree that to the fullest extent permitted by applicable law, any dispute arising out of or relating in any way to this Agreement, a similar prior agreement, your account, your license to use the Company’s services, or the relationship between You and Company and its affiliates (including matters occurring prior to the date of this Contract and disputes with third parties) (collectively, “Claims”) will, at the election of either party, be resolved by arbitration, including any dispute about arbitrability, such as scope and enforceability. The right and obligation to arbitrate under this section shall extend to all Claims, including those against or involving third parties such as Company or its affiliates’ officers, directors, employees, agents, shareholders, members, partners, subsidiaries, joint venturers, or contractors. Except as expressly provided herein, any arbitration will be conducted pursuant to the applicable rules (the “Arbitration Rules”) of the American Arbitration Association. Should the AAA be unavailable, unable or unwilling to accept and administer the arbitration of any claim under these arbitration provisions as written, the parties shall agree on a substitute arbitration organization, such as JAMS, that will enforce the arbitration provisions as written. The parties will select a single arbitrator, but in the event that the parties are unable to agree, the arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator will be a practicing attorney with significant expertise in litigating and/or presiding over cases involving the substantive legal areas involved in the dispute. The arbitration will be concluded within three months of the date the arbitrator is appointed. Because the Contract memorializes a transaction in interstate commerce, the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. More information about arbitration, including the Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879. The following matters will not be subject to arbitration but will instead be adjudicated in the appropriate court of the state where You are located: (a) an action to enforce intellectual property rights; (b) a suit by Company, its affiliates, or their assignees for collection of amounts owed by You under this Agreement; and (c) any claim or dispute for which applicable law (as determined by a binding court decision) or the applicable arbitration rules do not permit arbitration and require adjudication in a specific civil court. Matters within the jurisdiction of an applicable small claims court may also be brought in such court, instead of arbitration. Unless prohibited by applicable law, the substantially prevailing party in any dispute between the parties may recover their reasonable costs and fees incurred in connection with such matter, including reasonable attorneys’ fees. You also agrees that: (a) CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL, NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES; and (c) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPANY HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. You can decline this arbitration agreement by timely writing via certified mail or a nationally recognized overnight delivery service that allows You and the Company to confirm both mailing and delivery to 5807 Old Pasco Rd, Wesley Chapel, FL 33544 and providing the following information: (1) name; (2) address; (3) phone number; and (4) a clear statement that You wishes to opt out of this arbitration agreement. To be effective, the opt-out notice must be mailed no later than 30 days after the date You becomes bound by the arbitration agreement. Please note that You will continue to be bound by any older arbitration provision that You did not out opt of and any arbitration provision that otherwise governs the Claims. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced, except that if the class action waiver above is found unenforceable, the entire arbitration agreement is void, other than the jury waiver provision.
28. No Fraud or Reliance on Company Representations  Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by Company or its agents or representatives that are not set forth in this Agreement.
29. Severability  If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.
30. Non-acceptance of Agreement  If Licensee does not accept the terms of this Agreement for any reason, then Licensee must contact the Company to deactivate and remove Ancym Corp. from Licensee’s computer, or if the Licensed Package was sent to the Licensee, the Licensee must obtain a Return Merchandise Authorization number (“RMA”) within five (5) calendar days from the Date of Initial Receipt by Licensee of Licensed Package, must display the RMA number prominently on the outside of the Licensed Package, and must return all materials comprising Licensed Package to Company postmarked by Licensee within ten (10) calendar days from the Date of Initial Receipt by Licensee of Licensed Package, for a partial refund, excluding any credit card processing fees incurred by Company, and its initial shipping and handling charges if applicable.
31. Additional Acknowledgements  LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S CHOICE BEFORE ENTERING INTO THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF Ancym Corp., UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY LICENSEE OF Ancym Corp. ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
32. Licensee Consent   Licensee affirmatively consents and agrees to receive emails and text messages, SMS messages, calls, or voice messages via automated technology or artificial or prerecorded voice (including the playing of a recorded message when a connection is completed to a number called) to any number(s) I provide for marketing and/or advertising purposes regarding service and product offers by or on behalf of the Company and its service providers or affiliates, even if my phone number is mobile or on any Do Not Call list. In providing such number(s), Licensee represents that he or she is the regular user of such email address(es) and number(s) and/or is consenting on behalf of all regular users of such email address or number. Licensee also understands that consent is not required to make a purchase of products or services. Message and Data rates may apply.