Terms and Disclosures

The term COMPANY shall be used in reference to entities related in ownership to, agents, affiliates, employees, contractors and company officers of apexinvesting.net, apexinvesting.com or any subdomains of either.

Risk Disclosure and Terms Of Service  – Read the entire terms

You may not share your user account login or password with anyone. You may not create more than one account. Violating either of these terms will result in the permanent deactivation of all access to services.  If you believe either of these has happened, please notify us via a help desk ticket immediately. We will change your password and will disable the duplicate account.

  1. We do not share your contact information to third parties for marketing purposes
  2. By participating, you consent to receive text messages sent by an automatic telephone dialing system from Company.
  3. By participating, you consent to receive phone messages sent by an automatic telephone dialing system from Company.
  4. By participating, you consent to receive email messages sent by an automatic responder Systems from Company
  5. Consent to these terms is not a condition of purchase.

Website, Tools, Spread & Binary Scanners, Functions, Webinar Disclaimers and Disclosures

Do not contact Nadex regarding the scanner. It is not supported by Nadex.

By using the spread and binary scanner’s instant submit ticket and stop trigger function, you are agreeing to the terms of service.

Instant Submit Ticket and Stop Trigger Function

READ THIS BEFORE IMPLEMENTING ANY USAGE OF THE SCANNER FUNCTIONS

Do not contact Nadex regarding the Scanner, Instant Submit or Stop Trigger Functions. Nadex supports none.

The trailing stop, instant submit, stop trigger and other functions are Apex functions. These functions are not supported or endorsed by Nadex in any way.

These functions are simply a function in front of the normal Nadex ticket that you use to determine when you want to submit a normal Nadex ticket.

If you have ANY technical issues, you agree you will not contact Nadex regarding scanner functions or any tickets submitted or use or implementation from the scanner using this function, as they do not support it in any way. Doing so is a violation of this agreement.

If you get an error that indicates a response has not been received from the exchange, please contact us to determine the state of your order. The Trade Tracker will show you the state of your order. However, for additional verification, you can login to the Nadex platform to see the state of the limit order you submitted or call them to ask about the state of a limit order, if needed (i.e., cannot see it in their platform). However, it should be solely in relation to the status of a limit order you submitted. Regarding any stop trigger functionality, ALL comments and questions should be directed to Apex Investing.

If you have any technical issue, use the Apex Investing help desk on apexinvesting.net (under questions in the Members area). It can be accessed HERE.

If you have any implementation questions, use the Apex Investing forum at apexinvesting.net or Apex Help Desk HERE.

You understand the risk in using the stop trigger function and instant submit functions. The risks include, but are not limited to: hitting the button on accident and submitting an order; must leave window open to use it; will not work if window is closed; will not work should browser crash or have an error; loss of internet connection will cause it not to work; two stop triggers submitted with the same trigger price will cause it not to work. (Ensure they are separated by at least a fraction of a tick. For example, if the price is 1000.40 and you want to submit stop triggers at the same trigger price, then have one trigger at 1000.40 and the other at 1000.401 or 1000.399 to try to avoid a simultaneous submission error.) If there is any disruption in connectivity to the data feed from any source, it will error out and may not work. If the Nadex Indicative feed freezes on their end or ours or on your PC or does not update for any reason, the stop trigger function will not work; other unknown technical issues could arise causing it not to work; leaving the trigger function or any function active while away from your computer inhibits your ability to know there was an error and therefore, not be able to adjust accordingly. It is your sole responsibility and liability to ensure it is functioning properly at all times when in use and to adjust accordingly. You should always check to ensure when a trigger does activate a limit order it is correct and if not, you should immediately adjust it and take sole responsibility for any orders you submit. This is your sole responsibility and liability to do so.

The instant ticket and trigger function and other functions you are about to use have been created and developed independent of Nadex.  Nadex does not provide maintenance, support or endorsement of any kind for the program. Nadex has no ownership rights in the program and the owner of this program is not Nadex’s agent, employee or affiliate and has no authority to bind Nadex in any way, or to enter into any agreement, arrangement or contract on Nadex’s behalf. Nadex makes no warranty, expressed or implied, regarding the accuracy, adequacy, completeness, reliability, or usefulness of the program or any information it provides. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights, are disclaimed by Nadex. You are solely responsible for all determinations regarding the suitability, potential profitability, risk and appropriateness for you of any order, Nadex contract, trading strategy or other matter in connection with any trading in your Nadex account. You are solely responsible for any and all orders and other instructions submitted for your Nadex account and no other person or entity controls the trading in your Nadex account. Nadex is not responsible for any losses you may incur as the result of information provided by this program. By using the scanner and its functions, you are giving your electronic signature and confirming that you understand and agree to the information above.

The program you are about to use has been created and developed independent of Nadex and Nadex does not provide maintenance or support of any kind for the program. Nadex has no ownership rights in the program, and the owner of this program is not Nadex’s agent, employee or affiliate and has no authority to bind Nadex in any way, or to enter into any agreement, arrangement or contract on Nadex’s behalf. Nadex makes no warranty, expressed or implied, regarding the accuracy, adequacy, completeness, reliability, or usefulness of the program or any information it provides. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights, are disclaimed by Nadex. You are solely responsible for all determinations regarding the suitability, potential profitability, risk and appropriateness for you of any order, Nadex contract, trading strategy or other matter in connection with any trading in your Nadex account. You are solely responsible for any and all orders and other instructions submitted for your Nadex account and no other person or entity controls the trading in your Nadex account. Nadex is not responsible for any losses you may incur as the result of information provided by this program. By clicking “I AGREE”, you are giving your electronic signature and confirming that you understand and agree to the information above.

Apex Investing Institute LLC & Insight Investors LLC make no warranty, expressed or implied, regarding the accuracy, adequacy, completeness, reliability, or usefulness of the program or any information or function it provides. All warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses, and non-infringement of proprietary rights, are disclaimed by Apex Investing Institute LLC & Insight Investors LLC. You are solely responsible for all determinations regarding the suitability, potential profitability, risk and appropriateness for you when using the stop trigger function, any order, Nadex contract, trading strategy or other matter in connection with any trading in your Nadex account. You are solely responsible for any and all orders and other instructions submitted for your Nadex account and no other person or entity controls the trading in your Nadex account.  You understand you are using this function and entering the variable inputs for YOU to submit the order when the stop trigger function variables are entered and submitted by YOU and triggered. Apex Investing Institute LLC & Insight Investors LLC are not responsible for any losses you may incur as the result of information provided by this program or function. By using the website, scanner, tools, or any functions provided by Apex Investing, you are giving your electronic signature and confirming that you understand and agree to these terms of service.

Insight Investors LLC & Apex Investing Institute LLC, hereinafter referred to as COMPANY and all of its services are purely for educational purposes.  The scanner is a tool that filters contracts available on the Nadex exchange, in your web browser, based upon the filters you select. Other tools provided are available for analysis and education.  COMPANY adamantly states that nothing in any of its software, tools, websites, webinars and other communication method constitutes a solicitation, promotion, endorsement, offer or recommendation to buy or sell any investment vehicle. Neither COMPANY, its owners and operators, its subsidiaries, officers, employees, representatives nor independent contractors are acting as licensed financial advisors. COMPANY is acting SOLELY as an education firm providing research tools and any trading done is for the sole and explicit purpose of illustrating the mechanics of a trade as an example for purely educational purposes.  We provide strategies and education materials showing you ways to use the scanner, which are designed to inform and teach you about trading, how possibly to limit risk and possibly make profits from trading.  Your trades may lose the maximum loss and there is no assurance that you will make profits or limit risk to less than the maximum risk on said product.  COMPANY does not determine whether any strategy, trading instrument, swap, or contract of any type is suitable for any individual.  Exchange fees may vary by instrument and may or may not be included in the calculation of education, scanner tools and examples. Transaction trading fees may vary depending on the size of the transaction you perform from what is displayed in education, scanner tools and education.  Education examples of strategies, trade examples and hypothetical trades do not represent liquidity, exchange fees, commissions, interest, dividends, spreads or other expenses and have the benefit of hindsight. All of these factors affect whether or not an investment is profitable.  Any quotes made available may be delayed or may become unavailable due to technology difficulties. Before selling or buying any investment, you should consult with the ticket in the platform for the live pricing to verify pricing information. Neither subscriber nor any third party related to subscriber shall hold COMPANY liability for any change, cancellation, or temporary hold of COMPANY services.

COMPANY AND ITS AFFILIATES PROVIDE THE MATERIALS AVAILABLE AT ALL ASSOCIATE WEBSITES AND OTHER COMPANY WEBSITES, PRODUCTS, “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION, PRODUCT OR SERVICES. COMPANY AND ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS DO NOT WARRANT THAT YOUR USE OF ANY COMPANY & PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY PRODUCTS, INCLUDING THE SERVERS ON WHICH WEBSITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. For international users outside the United States, you understand you are responsible for compliance with the laws of your local jurisdiction regarding import or export regulations regarding any service or site operated by COMPANY. It is prohibited to access any of COMPANY website’s content or services if it is in violation of any local laws of the user. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE INFORMATION, PRODUCTS AND SERVICES, INCLUDING WEBSITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF AND RELIANCE ON COMPANY PRODUCTS AND SERVICES. OPINION, ADVICE, OR STATEMENT OF COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND ADVERTISERS, WHETHER MADE ON A WEBSITE OR OTHERWISE, SHALL NOT CREATE ANY WARRANTY. YOUR USE OF COMPANY PRODUCTS IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER COMPANY NOR ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS OR ADVERTISERS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO ANY COMPANY PRODUCTS AND/OR SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY COMPANY PRODUCT OR SERVICE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT-INCLUDING, WITHOUT LIMITATION-NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, DIRECTLY TO THE COMPANY FOR SERVICES AND PRODUCT. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold COMPANY, its Affiliates and their respective officers, directors, employees and agents harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Use or other terms applicable to your use of COMPANY products and or services; (b) any allegation that any materials that you submit to us or transmit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with any COMPANY products and or services.

DISCLOSURES

From time to time, we make information available to you regarding our business and the trading industry. Remember, ALL TRADING AND INVESTMENT ACTIVITY INVOLVES RISK. We provide strategies and education designed to inform and teach you about trading, how possibly to limit risk and make profits from trading. There is no assurance that you will make profits or limit risk from what you are learning from us. In fact, most people who trade lose money. We are solely for educational purposes. Please seek out a licensed financial advisor before making any financial decisions.

IMPORTANT NOTICES ABOUT TRADING

All investments and trading involve risk. Trading and investing subjects you to risk of losses, including losses greater than your original investment. Many strategies, investments and securities (including options and swaps) are not suitable for everyone. COMPANY does not determine whether any strategy, investment or security is suitable for any individual, particularly with respect to options, futures and Forex, equities, swaps, and options as is disclaimed with whatever exchange or broker dealer you open an account with.  Subscribers should only trade with money they can afford to lose and only place trades where they understand the risk and the instrument. Past results are not indicative of future performance. Trade examples and hypothetical trades do not represent liquidity, commissions, interest, dividends, spreads, or other expenses and have the benefit of hindsight. All of these factors affect whether or not an investment is profitable. For purposes of all products and services, even if the trade is live, all trades and trade examples are to be considered trade examples, based upon hypothetical trades for educational purposes only. Any quotes made available may be delayed. Before selling or buying any investment, you should consult with a broker to verify pricing information. This risk disclosure applies to this site and all sites, services and products owned by COMPANY. This service is provided for pure educational purposes only. None of the information within this should be construed as financial advice.  Due to regulations by SEC, NFA, CFTC and other regulatory bodies regarding securities, commodities, fixed income and foreign exchange laws, we are not able to provide trade recommendations or any service that could be thought of as investment, legal, or accounting advice. Basically, there is risk and you should assume loss before entering into any trade. As reinforcement to this basic statement: There are no guarantees of profits or losses and no statements or track records on any form of communication of any type produced by COMPANY on any of its websites. None of the materials, principals, agents, employees, contractors, or affiliates should be construed to make any type of guarantee of profit or loss. (We may guarantee free subscriptions for a specified period of time if trades do not profit but this is in no way meant to mean that COMPANY or others representing it are in any way guarantying a profit). As always, past results are in no way a guarantee of future results.

Hypothetical or simulated performance results have certain limitations, unlike an actual performance record, simulated results do not represent actual trading. In addition, 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 likely or is likely to achieve profit or loss similar to those shown in hypothetical or actual performance records listed on any materials or communicated in any way by anyone associated with COMPANY. COMPANY, and its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners are not responsible for any profits nor any losses from any of the material produced by COMPANY and its subdivisions in any form of media or method of communication. Individuals may express their opinions but this is meant to be seen as that sole individual’s opinion and not the opinion of Insights Investors LLC or its divisions. COMPANY uses research of a variety of methods to develop educational material and educational signals but individuals should perform their own due diligence to determine if such material is suitable for their personal investment decisions. COMPANY and any of its affiliate websites, company divisions, principals, agents, contractors, possible affiliates, employees, associates, and partners may or may not take a position for educational strategies and educational signals listed in material and reserve the right to enter, exit, or abstain from any position on any financial investment vehicle at any time without notifying any subscriber. Though owners of this website and COMPANY may or may not have an investment advisor license, they are not acting in that capacity at any time for subscribers to this website’s services through phone, web, email, text message, instant message, book, electronic-book, or any other type of communication or media. COMPANY, its websites, affiliates, contractors, or employees are NOT acting as registered investment advisers, brokers, knowledgeable persons, broker dealers, or in any other capacity that would make one believe they should trade signals given by any such persons, companies, or affiliates. Investing in securities, futures, commodities, options, foreign exchange, derivatives and other types of products involves substantial risk and investors could lose all or more of their originally invested capital, even more than is in their investment account. If any employee, contractor, possible affiliate, of COMPANY or this website decides to act in any way other than described in this disclaimer, they must do so with written documentation signed by COMPANY for each individual instance in which they may be doing so in a means separate from or linked to COMPANY. Otherwise, they are doing so without the knowledge or consent of COMPANY. If you believe any employee, contractor or affiliate is acting in such a manner and representing COMPANY or any of its services or websites or products, you must request the letter from them to see if they are authorized to do so through certified mail from 2710 Thomas Ave STE 1189 Cheyenne WY 82001.  Other disclaimers that all people who dare to trade at their own risk against the legal disclaimers recommendations should read risk disclaimers such as �Characteristics and Risks of Standardized Options� http://www.optionsclearing.com/publications/risks/riskchap1.jsp other SEC publications http://sec.gov/answers/options.htm. You agree to all disclaimers provided by your broker for their software execution of your trades and the exchanges disclaimers regarding risk on all types of investments for any type of investment account you open and understand that these disclaimers should be viewed as in addition to all disclaimers within this document.

COMPANY & Investing Institute Sites products could include inaccuracies or errors. We do not make guarantees as to the completeness or correctness of any COMPANY & Investing Institute Sites’ product. Any data used or made available by COMPANY & Investing Institute Sites is from sources believed by it to be reliable and accurate; however, COMPANY & Investing Institute Sites does not investigate the sources or confirm the data and it does not make any representations that the data or resulting calculations are complete or otherwise accurate.

From time to time, COMPANY & Investing Institute Sites may reference prior articles and opinions. These references may be selective, may reference only a portion of an article or opinion and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

Educational signals are not the same as auto trading. Auto Trading is not available unless explicitly stated for that particular subscription. Use of Auto-Trading or other educational services is not to be construed by subscriber/customer or anyone else as an adviser relationship. All information communicated is clearly for educational information purposes and no advice is given or implied. Every subscriber/customer assumes sole responsibility for his or her investment decisions.  Auto Trading is an arrangement that you make exclusively with your broker.  We are not an affiliated party with that agreement in any way. We do not recommend a particular brokerage firm. When mentioned, it is to inform the reader of possible advantages or disadvantages of using the particular broker and should by no means be construed as a recommendation to use that particular broker for actual live trading. We have no responsibility for any profit or loss that may occur and will incur no liability for any losses that may occur or any type of damages including, without limitation, consequential, special, intangible, indirect, direct, or similar damages that may arise directly or indirectly to auto-trading or any educational product offered by COMPANY and/or its principals, agents, contractors, employees, and affiliates, regardless if the loss or damages is a result of negligence of COMPANY and/or its principals, agents, contractors, employees, and affiliates. Circumstances that are within or beyond the control of COMPANY may occur that may cause an error or problem in auto-trading for taking exits, entering trades or not entering trades and if any such errors occur due to negligence related to COMPANY, then subscriber agrees that issues may occur and are part of the risk of auto-trading and agrees to hold COMPANY and its affiliates harmless for any damages or monetary loss that may occur from such problems. Subscriber will indemnify, hold harmless, defend and not request a refund or a charge back, nor pursue legal action of any type or kind against COMPANY or its principals, agents, employees, contractors, or affiliates. Any attempt to violate this agreement shall result in full legal action and collections for any amount lost to the violation of this agreement by the subscriber. Subscriber agrees that under no circumstances for any reason shall the amount due to subscriber for any reason or level of loss exceed that of the cost paid by subscriber to COMPANY. The broker may or may not compensate COMPANY for allowing them marketing space that results in funded accounts on COMPANY websites. Subscriber agrees that in any legal claim through contract or tort or otherwise shall be limited to and not exceed for any expense the amount paid by subscriber to COMPANY for any services or product it has paid COMPANY directly. COMPANY may at any time cease the distribution of its newsletter to an auto-trading broker in its sole discretion and is not required to give notice of such action or decision. Neither subscriber nor any third party related to subscriber shall hold COMPANY liable for any change, cancellation or temporary hold of COMPANY services. COMPANY has not and will not under any circumstance have any liability for any trade made by any broker on behalf of any subscriber or non-subscriber. The subscriber must notify the broker of any changes in auto-trading or profile information. The subscriber should in no way assume or believe that information made available by the subscriber to COMPANY will be passed along to the broker by COMPANY. The subscriber must understand how to use auto-trading and should contact their broker for questions regarding auto-trading for setup, maintenance, margin, monitoring, and different settings that may be available with the broker. The subscriber must notify the broker when cancelling their auto-trading service with COMPANY or its website division regardless of whether or not the subscriber has notified Insight Investors with any form of communication of subscriber’s action or intent to cancel. Subscribers and non-subscribers agree to indemnify and hold harmless COMPANY of any trades auto-trader or otherwise placed before, during and after their subscription.

PRIVACY POLICY

We will act in accordance with current legislation and aim to meet current best practices. Company will not track an individual’s personal usage for any purpose other than for storing data privately that will not be displayed for specific uses other than the uses that the user shall agree to before it is displayed. For statistical usage, you may download trading history into organized data. It shall not be used in any other way unless you authorize it to be used in another way first.  Data collected may be used by developers for debugging purposes.  Any information you provide to COMPANY will only be used within COMPANY and by its agents and/or service providers unless you authorize it to be by activating a specific feature to display it publicly intentionally. Your information also will be disclosed, however, when required by law or we believe in good faith that such action is necessary in order to comply with the law or legal process. Also, if you post or send offensive, inappropriate or objectionable content anywhere on or to all associated websites or its affiliated sites, or otherwise engage in any disruptive behavior, COMPANY can use information about you in connection with stopping such behavior and exercising its rights and remedies. This may involve informing relevant third parties such as Internet service providers and law enforcement agencies about the content and your behavior. During any visit to all associated websites or its affiliated sites, the pages you see, along with a short text file called a ‘cookie’, are downloaded to your computer. You understand and consent that we use analytics to track detailed analytics of any tool accessed by users, as we deem appropriate for technology, marketing, and distribution to appropriate parties.  In addition, the Privacy Policy located HERE is part of this original agreement.

Intellectual Property Rights

Apex Investing, Infinity Ball, all education, software, analyzers, signals, and other trademarks used with COMPANY & Investing Institute Sites products, including the all associated websites, website and all sites operated by COMPANY, are owned by COMPANY. You may not use or reproduce such trademarks without written permission from COMPANY.  All code, images, content and media of all types on all sites may not be used for any purpose other than the subscriber’s direct viewing. All associated websites and other websites are owned by the COMPANY, including the look and feel of such sites. We reserve all rights and remedies available to us and nothing in this agreement is intended to limit our rights and remedies.

User agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services and understands that COMPANY shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer and subscriber/customer shall be responsible for all attorney, legal, marketing, public relation, lost profit, travel, damages, and other expenses related to such violation.

To access some of the COMPANY products and or services, we require that you provide us with information about you. If you believe that your username and password are no longer secure, immediately update your password and immediately notify our customer service department by email at support@apexinvesting.com or by telephone at 1-888-946-2739. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PRODUCT PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Information that we collect from you, such as registration and credit card information, is subject to our privacy policy.

COMPANY & products and services are owned and operated by COMPANY. Products and/or Services include all services, materials, information, and content delivered to a subscriber through direct communication, electronic or printed media. COMPANY products and/or services are intended for use solely by the individual that has subscribed or purchased products directly from COMPANY.  For the purpose of this agreement, COMPANY & Investing Institute Sites and COMPANY shall be used interchangeably and shall be in reference to the entity COMPANY.

Subscriber may not allow another person to use subscriber’s username and password to obtain access to COMPANY products or services for any reason, including but not limited to time-share. Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for profit with anyone.

Intellectual Property Rights Reminder:

The clauses:

COMPANY   All code, images, content, and media of all types on all sites may not be used for any purpose other than the subscriber’s direct viewing.

AND

COMPANY products and/or services are intended for use solely by the individual that has subscribed or purchased products directly from COMPANY.

AND

Subscriber’s rights to use our services or products are limited exclusively to your personal use and may not be resold or shared for free or for profit with anyone.

AND

User agrees to not share, resale, distribute, reproduce, copy, sell, resell, provide for free, exploit, or transfer for profit or not for profit any material, services, or access to services and understands that COMPANY shall bring litigation upon subscriber/customer for any violation of the policies within this agreement and disclaimer and subscriber/customer shall be responsible for all attorney, legal, marketing, public relation, lost profit, travel, damages, and other expenses related to such violation.

These clauses would place the user in breach of contract if they were to violate them. Examples of such are:

Direct viewing means for one’s own personal use exclusively.

This limits any subscriber from using the content to create content of their own that is any way using the content we make and distributing it outside of our website and if within our website, without the express written permission of Darrell Martin. This applies even if giving credit to us as the originator of the idea or concept. Obviously claiming a concept as your own would also be a breach of the terms of service, as this would be using it in a way other than direct viewing. Teaching the strategies we teach, in separate forum of any manner electronic, paper, in person or another media type, using content we teach to distribute signals, trading ideas, education, articles or videos whether public, private, for profit or not for profit, would be a breach of the terms of service. Attempting to reverse engineer our code or methodologies would be a violation of this agreement. Taking concepts, ideas, codes, formula, education, content of any form and using them to make a similar reproduction to accomplish any similar result or to make a new way of using said content for profit or not for profit, distributing it to another person would be using it for a purpose other than direct viewing.

Payment Policy & Shipping Methods:

As consideration for the products we provide to you, you agree to pay the applicable fees and other costs set forth at the time you purchase from COMPANY. Specials and limited time offers have different fees and costs and may have other terms and conditions. Prior to your purchase of a product, we may change fees and costs, at any time, for any reason, at our sole discretion, without prior notice to you.  All fees and costs are due at the time you purchase. You agree to pay all value added, sales and other taxes. All payments must be made in U.S. dollars.

ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART EXCEPT AS STATED ON THE PRODUCT.

In the event of a charge back by a credit card company, (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or renewal fee, you agree that the product for which such fee has not been paid may be suspended, canceled or terminated, in COMPANY sole discretion, and you remain responsible for the full payment of the fee and any additional amounts owed by you.  Any attempt to charge back shall result in all collection fees, charge back fees, subscription fees, and any legal fees being due to COMPANY by you.

COMPANY accepts American Express, Discover/Novus, MasterCard and Visa. We also accept debit cards, personal checks, money orders, cashier checks and wire transfers under special circumstances

COMPANY requires the credit, debit, or check card security code for your card for any telephone, on-location or online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard or Discover).

There are no cancellations for current month/term and no refunds on subscription products.

Cancellations shall only apply to the following billing cycle after the term the subscriber is currently subscribed to. If you do not renew your subscription and decide to reinstate it, then you may be subject to a rate increase depending on the current subscription rate.

All COMPANY & Investing Institute Sites’ products are non-returnable and non-refundable unless explicitly stated in writing on the product. If applicable, in the event a DVD or CD is defective and/or cracked during shipping, you can contact customer service at 1-888-946-2739. We will ship you the exact DVD/CD the same day, if the request came before 2:00 pm EST. Along with the new DVD or CD, we will also send a return to sender envelope with pre-paid postage, which you can use to send us back the damaged DVD or CD. If the damaged DVD or CD is not returned within 14 business days, COMPANY & Investing Institute Sites will charge you the full amount for the new DVD or CD in addition to the original price you have already paid.

Technology Costs

Many COMPANY products are accessible through the Internet and require that you have a computer and modem or comparable access lines. In addition, text messaging may apply and you will be liable for such cost from your phone provider, if such feature is added in the future. You acknowledge and agree that, to the extent necessary for you to access products which are made available through the Internet, it is your responsibility to provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; to provide all commercially available standard software necessary to connect with our products; provide for your own connection to the Internet; and pay any costs and fees associated with your equipment, software and connections to the Internet. In addition, data fees may apply for live market data to make product accessible. You may also have to pay transaction costs and platform fees. You understand you are responsible for such fees and those fees may be in addition to any fees you pay to Apex. These fees are not paid to Apex; therefore, we are in no way responsible for the fees or the deliverability of these data services or platforms. Certain data fee or other data providers may have difficulties delivering data so you may have to choose an alternative data provider or broker to use the software that may incur an additional cost for you. You acknowledge you understand any such fees and that you are responsible for them and they may be a requirement for you to use the services. Your inability or desire to purchase or access such services through your preferred method shall not be cause for any refund or amount due to you if such event is to occur.

Termination

Service shall be made available until such time as COMPANY decides it is no longer or willing to provide such service. Each of us can terminate our relationship with the other by discontinuing business with the other. For example, we may discontinue your access to COMPANY products in the event you are violating the Terms of Use or in the event we are no longer able to provide them under the current terms. However, our rights and remedies under these Terms of Use, including our intellectual property rights, indemnification and limitation of liability, and any other agreement will continue to apply and survive the termination of the relationship. Upon termination, we may disable your access to some or all COMPANY & Investing Institute Sites’ products or services, including if you have violated these Terms of Use. Upon termination, you will not have access to COMPANY products or services. You may terminate simply by ceasing to use the scanner, tools, or website. However, your termination does not relieve the requirement that you continue to honor the terms of service regarding intellectual property rights.

Miscellaneous

These Terms of Use and any other agreement between COMPANY & Investing Institute Sites and you is governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Federal Court Wise County, Texas, United States of America, and waive any jurisdictional, venue, or inconvenient forum objection to such courts. If any provision of our agreements is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

These Terms of Use and any other agreements content and tools are not assignable, transferable or sub-licensable by you.

If COMPANY takes any action to enforce the Terms of Use or any other agreement with you that you have violated you shall liable for all cost and damages, without limiting any of its other legal or equitable rights and remedies, you shall also pay the costs incurred by it in connection with such action, including reasonable attorney’s fees.

Links and Advertising

Success and results described in testimonials or other statements may not be representative of other subscribers’ experiences and in no way can they represent all subscriber’s experiences. They have not been verified to be accurate or whether they are live or demo. There are no assurances you are in any way going to increase the probability of your trading profits with our educational services, as all results will vary and all investment decisions should first be ran through a licensed financial advisor before any investment decisions are made. Due to the wide variety of opinions by investment advisors and the varying decisions made by subscribers, results will vary drastically. COMPANY & Investing Institute Sites and its Affiliates may accept advertising and promotional payments from third parties whose advertisement appear on COMPANY websites and in its products. COMPANY & Investing Institute Sites may receive advertising payments from some broker-dealers (i.e., brokerage firms) for distributing the brokerage firms’ advertisements and promoting firms during COMPANY presentations. COMPANY makes no representations about any other website, which you may access by way of a link or reference in person or via electronic communication. We may compensate instructors, affiliates, website owners and other forms of advertising from sales made by subscriptions, sold products and live classes.

Edit this entry.