Terms of Service

THE FOLLOWING MUST BE READ IN ITS ENTIRETY BEFORE PURCHASING AND/OR USING ANY INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON OILTRADINGGROUP.COM. If you continue to browse, use or purchase from this website you are agreeing to comply with and be bound by the following terms and conditions of use. If you do not agree with the Terms of Use, do not use the website.**** REFUND POLICY

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Please be advised that all sales are final. No returns, refunds, or exchanges, partial or otherwise, for any reason. Once your order has been placed and your credit card billed or processed through PayPal, there are no returns or credit. You may not return the product and demand a refund, as you were supplied intellectual property in the form of software and copyrighted trading material.

All our products are distributed and licensed on an “as is” basis and no warranties, guarantees, or promises of any kind by The Oil Trading Group as to their performance, reliability or suitability to any given task. In no event shall The Oil Trading Group be liable for any loss of data or ANY DAMAGES OF ANY KIND, financial, physical, emotional or other, which might arise from its use. Federal or local law governs the use of some types of software; it is the responsibility of the user to follow such laws.

Any and all purchases that result in a charge back will result in The Oil Trading Group immediately deactivating any and all copies of the software and a deactivation of machine ID’s. Your username will be permanently banned in our database of authorized users.

In no event shall The Oil Trading Group be accountable for any or all financial losses or costs from the use of any of our software. Any charge back initiated by the customer will be investigated to the fullest extent, and that customer will no longer be able to purchase any items from our company. Any additional purchases will be refunded immediately. Please do not attempt to make any fraudulent purchases. If we receive any fraudulent charge backs, we will immediately deactivate your copy of the software and prosecute to the fullest extent of the law.

FAILURE TO BE AWARE OF THIS POLICY DOES NOT QUALIFY YOU FOR A REFUND.

For more details on our software policies, please refer to our Terms of Use.

The Oil Trading Group is the property of TOTG, LLC. The information contained in this website and its associated websites is provided as a service to our customers, and does not constitute legal or financial advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites.

The term “company” or “us” or “we” refers to OilTradingGroup.com and owners or employees or affiliates of OilTradingGroup.com.

The term “you” refers to the user or customer of OilTradingGroup.com. The term “information” refers to indicators, strategies, manuals, data, communications and any other associated products and material of OilTradingGroup.com.

We make every effort to ensure that we accurately represent our products and services. As with any business, your results may vary.

There are no guarantees concerning the results you may achieve or the level of success you may experience.

**** COMMERCIAL USE OF SOFTWARE IS NOT PERMITTED ****

The Oil Trading  Group software is intended for personal use only, and may not may not be copied, redistributed, published, broadcast, circulated or emailed to any friends, clients, investors, or sold to any third party as a part of any commercial service, including trading advisory services or live chat rooms. If you are found to use, or plan to use the indicator in any commercial capacity especially in a competitive nature, your code will be deactivated and your licensed revoked without refund. In addition, the software has been coded so as to identify the original source client of any cloned or decompiled versions of the software. Original users that are found to have decompiled or cloned or copied any or all portions of the indicator code will be immediately prosecuted to the maximum extent of the law.

NOTICE: ACCEPTANCE OF TERMS OF USE; MODIFICATIONS

The contents of this website, including these Terms & Conditions of Use, any information contained on this website and the company’s privacy policy are subject to change and to being updated without notice from time to time. You are responsible for reviewing these Terms on this website. Accessing this website after any changes to these Terms have been posted thereon will constitute your acceptance of all such changes. Unless specifically stated otherwise, any new features, products or services added to the website shall be subject to these Terms. Some new products or features may require your acceptance of new or additional terms before use.

OWNERSHIP; COPYRIGHTS; THIRD PARTY CONTENT

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of the copyright owner.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Pricing information from third parties is subject to change, and while we strive to update data in a timely manner we cannot guarantee that third party information has not changed.

DISCLAIMERS AND LIMITATION OF LIABILITY

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

All information found on OilTradingGroup.com website, Blogs, email newsletters, and social networks (past, present, and future) exists for entertainment purposes and general informational purposes. We are not registered trading advisors. OilTradingGroup.com is compensated for information, products and services mentioned in our website, Blogs, email newsletters, and social networks.

Neither NinjaTrader nor any of its affiliates has reviewed, certified, endorsed, approved, disapproved or recommended, nor will neither does or review, certify, endorse, approve, disapprove or recommend, any trading software tool that is designed to be compatible with the NinjaTrader Open Platform.

The company is not an investment advisory service, nor a registered investment advisor or broker-dealer and does not purport to tell or suggest which securities or currencies customers should buy or sell for themselves. The company may hold positions in the stocks, currencies or industries discussed here.

DISCLAIMER: SPECIFIC RISKS OF TRADING

You understand and acknowledge that there is a high degree of risk involved in trading securities and/or currencies. The Company assumes no responsibility or liability for your trading and investment results and you agree not to hold the company liable for any monetary loss and/or damages of any kind. There is a high degree of risk in trading and you should always consult a qualified advisor about the suitability of any investment.

It should not be assumed that the information presented will be profitable or that it will not result in losses. All information including performance reports and charts are based upon simulated trading and do not include slippage or commission unless otherwise stated. Care has been taken in the preparation of the information. However, we do not make any representations or warranties as to the accuracy of the information provided. Information and products provided by the Company rely on data from third party sources which may or may not be accurate and no guarantee is given to the accuracy or completeness of the data used or information provided. Forex, futures, equities, and options trading has 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 Forex, futures, equities, 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 Forex, 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 web site. The past performance of any trading system or methodology is not indicative of future results.

SIMULATED TRADING

HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE INHERENT 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.

No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in any simulation. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any 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 of actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of trading losses is material points which can also adversely affect 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 which can adversely affect actual trading results.

DAY TRADING RISKS

You should consider the following points before engaging in a day-trading strategy. For purposes of this notice, a day-trading strategy means an overall trading strategy characterized by the regular transmission by a customer of intra-day orders to effect both purchase and sale transactions in the same security or securities. Day trading can be extremely risky. Day trading generally is not appropriate for someone of limited resources and limited investment or trading experience and low risk tolerance. You should be prepared to lose all of the funds that you use for day trading. In particular, you should not fund day-trading activities with retirement savings, student loans, second mortgages, emergency funds, funds set aside for purposes such as education or home ownership, or funds required to meet your living expenses. Further, certain evidence indicates that an investment of less than $50,000 will significantly impair the ability of a day trader to make a profit. Of course, an investment of $50,000 or more will in no way guarantee success.

Be cautious of claims of large profits from day trading. You should be wary of advertisements or other statements that emphasize the potential for large profits in day trading. Day trading can also lead to large and immediate financial losses. Day trading requires knowledge of securities markets. Day trading requires in depth knowledge of the securities markets and trading techniques and strategies. In attempting to profit through day trading, you must compete with professional, licensed traders employed by securities firms. You should have appropriate experience before engaging in day trading. Day trading requires knowledge of a firm’s operations. You should be familiar with a securities firm’s business practices, including the operation of the firm’s order execution systems and procedures. Under certain market conditions, you may find it difficult or impossible to liquidate a position quickly at a reasonable price. This can occur, for example, when the market for a stock suddenly drops, or if trading is halted due to recent news events or unusual trading activity. The more volatile a stock is, the greater the likelihood that problems may be encountered in executing a transaction. In addition to normal market risks, you may experience losses due to system failures.

Day trading will generate substantial commissions, even if the per trade cost is low. Day trading involves aggressive trading, and generally you will pay commissions on each trade. The total daily commissions that you pay on your trades will add to your losses or significantly reduce your earnings. For instance, assuming that a trade costs $16 and an average of 29 transactions are conducted per day, an investor would need to generate an annual profit of $111,360 just to cover commission expenses.

Day trading on margin or short selling may result in losses beyond your initial investment. When you day trade with funds borrowed from a firm or someone else, you can lose more than the funds you originally placed at risk. A decline in the value of the securities that are purchased may require you to provide additional funds to the firm to avoid the forced sale of those securities or other securities in your account. Short selling as part of your day trading strategy also may lead to extraordinary losses, because you may have to purchase a stock at a very high price in order to cover a short position.

DISCLAIMER OF WARRANTIES

ALL SOFTWARE IS PROVIDED TO YOU AS IS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THE OIL TRADING GROUP OR ITS SUPPLIERS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SOFTWARE, INCLUDING WARRANTIES OR CONDITIONS OF TITLE, QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE OIL TRADING GROUP AND ITS SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATIONS OF THE SOFTWARE WILL BE UNINTERRUPTED. THE OIL TRADING GROUP AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OF THE REPORTS GENERATED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

LICENSE TERMS

When you order a product from our website, you are purchasing a single user license subject to the terms of the End User License Agreement, which may not be transferred or resold. The terms of the license are available for review at [link to End User License terms]. The product and/or information shall not be copied, distributed, is closed, disseminated or communicated in any way or form to a third party. Profitable Decisions, Inc. acts as a sales agent to the vendors that have designed the products you see listed in our pages. All indicators are the property of the programmer/author that designed them. All code is copyrighted to the underlying designer.

TESTIMONIALS

OilTradingGroup.com testimonials may not be representative of the experience of other members. Testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation. The testimonials are no guarantee of future performance or success. Results may vary from those depicted. Such results may not be indicative of overall trading success. You should not expect to achieve results similar to those described in the testimonials. Earnings representations on the website do not represent a guarantee or promise of earnings. Results achieved are entirely dependent on your skill level, general trading knowledge and overall effort put into using OilTradingGroup.com information, products and services.

USER SUBMITTED INFORMATION

Users of this website may be permitted to post reviews, prices, comments, and other content so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, contain or install software viruses, “worms” or other malicious or destructive content, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam,” including without limitation machine generated, randomly generated, misleading, or unwanted commercial content. You may not use a false e-mail address,

impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right (but not the obligation) to (i) refuse or remove any content that, in our reasonable opinion, violates any policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the features to any individual or entity for any reason, in our sole discretion. All content is to be provided in the English language.

If you do post content or submit material you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the first part of your account email address (excluding the domain) in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the downloading, copying, and use of the content will not infringe the proprietary or intellectual property rights of any third party (including, if applicable, your employer); that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party. We have not reviewed, and cannot review, all of the material, including computer software, posted by other Users, and cannot therefore be responsible for that material’s content, use or effects. By operating the website, we do not represent or imply that we endorse the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The User generated content may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The comments may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. We disclaim any responsibility for any harm resulting from the use of User generated content, or from any downloading by Users of content there posted.

COPYRIGHT INFRINGEMENT AND DMCA POLICY

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by this website violates your copyright, you are encouraged to notify us in accordance with our Digital Millennium Copyright Act (DMCA) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes our copyrights or other intellectual property rights or the rights of others, we may, in our discretion, terminate or deny access to and use of the Website. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid.

NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS

THIS PROCESS IS FOR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY MATTERS ONLY. Correspondence regarding other matters will not be answered. For reports of abuse and related concerns, please see the links in the left navigation.  If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide us with the following information in English (your “Notice”): Note: If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”). an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website (in most circumstances, we will need a URL); your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our address for Notices is:

The Oil Trading Group

P.O. Box 92842

Southlake, TX 76092

EXCLUSION OF CONSEQUENTIAL AND OTHER DAMAGES THE OIL TRADING GROUP AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

GOVERNING LAW

This Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed within Texas.

FORCE MAJEURE

The Oil Trading Group and its suppliers shall not be liable in any respect for failures to perform hereunder due wholly or substantially to the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, armed hostilities, riots and other unavoidable events beyond the control of The Oil Trading Group or its suppliers, and the time for performance of obligations hereunder by The Oil Trading Group or its suppliers subject to such event shall be extended for the duration of such event.