Products and Systems

This is not an offer on our part to recommend the sale or purchase of any securities and such an offer by ToTheTick, LLC is neither intended nor implied. Nothing contained herein is to be construed as a recommendation to take any position in any particular financial instrument, stock, or futures product.

All trading involves high risk and you can lose a substantial amount of money, no matter what method you use, and past performance is not necessarily indicative of future results. ToTheTick, LLC provides no promises, guarantees or warranties suggesting that any trading methods contained herein will result in a profit or will not result in a loss.

The intent of the information supplied by ToTheTick, LLC is for instructional and educational purposes only. The ToTheTick, LLC information supplied to any subscriber is intended to be for educational purposes only. The material presented herein has been obtained or derived from sources believed to be accurate, but ToTheTick, LLC does not guarantee the accuracy of such information.

All results from products offered by ToTheTick, LLC are based on hypothetical or simulated results. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading and involves no financial risk. 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 or volatile market conditions. 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.

ToTheTick, LLC is not responsible for errors or omissions in trading software code or data provided by ToTheTick, LLC, and subscribers understand that they are using such trading software code and data at their own risk.  Purchase of a trading system includes access to the daily Zone information required to run the system for as long as ToTheTick, LLC remains in business.  The ZoneTrader trading system will not function without the daily Zone information downloads from the ToTheTick.com website.

Any subscriber to products offered by ToTheTick, LLC should carefully consider his/her financial position and ability to withstand losses before conducting any trading. Futures trading his highly leveraged and substantial losses could result. This Disclaimer Statement does not disclose all risks and issues regarding the financial markets, commodity futures trading, or hypothetical/simulated results.

You are responsible for all the risks and financial resources you use and for the chosen trading system. You should not engage in trading unless you fully understand the nature of the transactions you are entering into and the extent of your exposure to loss. If you do not fully understand these risks you must seek independent advice from your financial advisor.  All trading strategies are used at your own risk. This software should not be relied upon as advice or construed as providing recommendations of any kind. It is your responsibility to confirm and decide which trades to make. Trade only with risk capital that, if lost, will not adversely impact your lifestyle and your ability to meet your financial obligations.

Limitations of Liability

In no event should the content of this correspondence be construed as an express or implied promise, guarantee or implication from ToTheTick, LLC that you will profit or that losses can or will be limited in any manner whatsoever. ToTheTick, LLC is not responsible for any losses incurred as a result of using any of our trading strategies and software. Any autotrading software from ToTheTick, LLC should never be left unattended due to the possibility of events out of your control, such as computer or data failure, power outages, position mismatches, and/or network problems. Loss-limiting strategies such as stop loss orders may not be effective because market conditions or technological issues may make it impossible to execute such orders. Likewise, strategies using combinations of options and/or futures positions such as “spread” or “straddle” trades may be just as risky as simple long and short positions. Information provided in this correspondence is intended solely for informational purposes and is obtained from sources believed to be reliable. Information is in no way guaranteed. No guarantee of any kind is implied or possible where projections of future conditions are attempted.

All warranties are expressly disclaimed. This disclaimer applies to any and all implied warranties, such as any warranties of merchantability or of fitness for use for a particular purpose or any other warranty not expressly stated herein.

You agree that, under no legal theory, including, but not limited to negligence, shall ToTheTick, LLC or its affiliates, contractors, employees or agents, be liable to you for (a) any indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, cost of cover, goodwill, use, data, or other intangible losses (even if tothetick llc has been advised of the possibility of such damages), arising from or relating to this agreement or your use or inability to use the ToTheTick, LLC platform; or (b) any damages arising from or related to this agreement (in the aggregate for all potential claims by you) in excess of the greater of $100 or the amount, if any, you have paid us for services during the preceding twelve (12) months.

These limitations shall also apply with respect to damages incurred by reason of any products or services sold or provided on any third party sites or otherwise provided by any third parties other than ToTheTick, LLC and received by you through or advertised on the ToTheTick, LLC platform or received by you on any third party sites.

Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If the laws of such jurisdiction apply, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in this agreement apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the applicable jurisdiction.

Indemnity

You agree to indemnify, defend, and hold harmless ToTheTick, LLC, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, managers, control persons, owners, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost, or liability (including, reasonable attorneys' fees) arising out of or relating to:

Your Code, Your content or Your Network; Your use of any Non-ToTheTick, LLC Code or Third Party Applications; Your use or misuse of, or connection to, ToTheTick, LLC products; Your breach or alleged breach of this Agreement; Your violation of any rights (including intellectual property rights) of a third party; Your use or misuse of any data, in violation of the ToTheTick, LLC Privacy Policy and Your breach or alleged breach of any agreement or policy between you and other Users. You shall promptly notify ToTheTick, LLC of any such claim, action or proceeding upon becoming aware of it. You agree not to settle any matter without the prior written consent of ToTheTick, LLC, which ToTheTick, LLC may withhold in its sole discretion. ToTheTick, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of these claims.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. The provisions of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to this Agreement or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the state courts or federal courts located within Collin County, TX for the purpose of litigating any and all claims or disputes regarding or related to this Agreement. You agree that ToTheTick, LLC makes and will perform this Agreement in Collin County, TX.

Systems and methods provided to any subscriber are all proprietary property of ToTheTick, LLC, and are owned by ToTheTick, LLC. Unauthorized use or distribution of any technology, trading system, information, or data by a subscriber is not permitted.

All payments are non refundable.  To ensure that you aren't billed, all subscriptions must be cancelled at least 48 hours prior to the renewal date.  To cancel any recurring subscription, login using your account credentials and click on View Subscription History.  Then, click Cancel next to your active subscription.  In rare circumstances, ToTheTick, LLC will consider extending a refund, given that the client can provide a one month statistical record of simulated or live trading, including at least one trade a day and screenshots.