Market Tide Indicator

AlphaShark’s Market Tide indicator is designed to work across equities or futures. This is designed to allow a trader to capture as much of their desired price movement as possible and works on day trades, swing trades, scalps and position trades.

Subscription Agreement

This subscription agreement (“Agreement”) is made by and between AlphaShark Trading and you (“Subscriber”).  Subscriber must accept this Agreement in its entirety as a condition to receiving the subscribed for Service (as defined below). As of the date you subscribe for and enroll in the Service, the parties agree as follows:  

Agreement

1. AlphaShark Trading agrees to provide a Service to Subscriber for which Subscriber agrees to pay in accordance with this Agreement.  Subscriber acknowledges the numerous risk disclaimers in this Agreement and agrees to the terms of use of the KOTM website and related services.  Subscriber will be given access to the Service upon receipt of the subscription fee by KOTM.  
2. The term “Service” means the Silver, Gold, or Platinum subscription service for which Subscriber has subscribed, as the case may be, and determined in accordance with the terms hereof. The Service includes all corresponding services, access, offers, or products that apply to that particular subscription type.

Terms of Use of our Websites and Technology

3. Subscriber agrees to pay the subscription fee for the Service, which will be billed at the listed price currently in effect or at a previously approved and agreed upon pricing. Subscriber agrees to take all necessary steps to authorize monthly credit card payments or an AlphaShark Trading -approved alternative payment method in consideration for the Service.

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The information distributed through the Service or contained in AlphaShark Trading’s website is provided for the convenience and sole use of its subscribers, and is furnished without responsibility for its accuracy.  AlphaShark Trading is not responsible for any loss or damage that could or may result from any information made available to Subscriber or relied upon by Subscriber that may prove to be inaccurate or deficient.

Non-compete

4. Subscribers agree not to promote other trading rooms or alert services to fellow members, and doing so may result in suspension of service and a ban from purchase of future products.

   Should a subscriber agree to assist AlphaShark Trading in any capacity (i.e., as an unpaid trading room moderator as in the production of educational materials, etc.), they agree to not pursue other subscribers business for other trading rooms, newsletter services, or other trading-related products or services. Should a moderator or subscriber violate this agreement, he or she shall pay a fee of $1000 per subscriber contacted.

Disclosures

5. AlphaShark Trading, its principals, officers, and employees are not registered as investment advisers or commodity trading advisors.  AlphaShark Trading, its principals, officers, and employees are not your investment advisers or commodity trading advisors.  The Service may generate trading alerts, but such trading alerts are not investment advice or to be relied upon as real-time data, quote feed or charting program. 
6. Any performance data appearing in the materials provided to you or accessed by you pursuant to the Service may be presented as (a) historical data or (b) real-time data.  Historical data involves (i) historical trade information (including, without limitation, quantity and price), (ii) the current trade information (including, without limitation, anticipated profit or loss), and (iii) trade projections (including, without limitation, value forecasts). Real-time data involves the trade information (including, without limitation, prices, profits, or losses) as it happens in real time day after day.  The performance data provided through the Service may change at any time without warning due to a number of factors including, without limitation, to the updating of market data used to calculate system signals, upgrades or changes to the system code, changes to the minimum investment amount, commissions, or slippage estimates.
7. Gains or losses experienced by investors will vary depending on many factors, including, without limitation, timely order entry, execution, market forces, whether or not all trading alerts are utilized in the specified system, the duration of trades, money management, and risk techniques.
8. In light of the fact that the Service may present hypothetical performance results, please be advised that:

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.  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.  NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF 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 ARE MATERIAL POINTS THAT CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.  THERE ARE OTHER FACTORS RELATED TO (A) THE MARKETS IN GENERAL OR (B) 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 TRADING RESULTS.

9. Trading involves a substantial risk of loss that may lead to a loss of some or all of your money. Trading is not appropriate for everyone. Subscriber should carefully consider his or her financial condition before trading, and should only trade with risk capital or money he or she can afford to lose. AlphaShark Trading has no financial interest in the outcome of any trade by Subscriber. Subscriber needs to determine Subscriber’s own suitability to trade.  
10. While there is a potential for reward when trading financial products including, without limitation, futures, options on futures, equities and equity options, there is also substantial risk of loss associated with trading.  Past performance is not indicative of future trading results.  Trading results can never be guaranteed.  Day trading is high-risk and speculative in nature, and is not suitable for most people.

Third-Party Services and Links

11. In addition to providing Subscriber the Service and other AlphaShark Trading products, AlphaShark Trading may offer access to or contain links to third-party websites and services (collectively, “third-party services”) that are developed, owned, and operated by unaffiliated third-parties that can be utilized to research, buy, or sell financial products.  AlphaShark Trading disclaims any responsibility for such third-party services provided to or utilized by Subscriber.  The inclusion of any link does not imply endorsement by AlphaShark Trading .  Subscriber’s use or access of third-party services is at Subscriber’s own risk.  Any reference to any third-party service by AlphaShark Trading is not an expressed or implied endorsement by AlphaShark Trading.
12. AlphaShark Trading is not responsible for the contents of any third-party services and does not assume any responsibility for or make any representations, guarantees, or warranties whatsoever, expressed or implied, as to the accuracy, suitability, profitability, reliability, or appropriateness of the third-party services.  Subscriber agrees that AlphaShark Trading shall not be liable for such third-party services and to hold AlphaShark Trading harmless in any dispute or claim whatsoever that Subscriber may have related to or concerning such third-party services.
13. You acknowledge and agree that access to third-party services are regulated by this Agreement, and may also be regulated by terms, conditions, or agreements of such third-parties or other policies governing the third-party services. It is your responsibility to read and be informed about the terms and conditions and any other policies of such third parties as they relate to the subscription, products, services or information you request.  Any questions related to such third-party services should be directed to the third-party service provider.

Trading Alerts Disclaimer

14. The Service is for educational purposes only and is not and should not be construed as an offer to buy or sell any financial product including, without limitation futures, options on futures, equities or equity options. Subscriber agrees that this is not an advisory service. All of the AlphaShark Trading-provided information and services including, without limitation, the Service are for educational use only. AlphaShark Trading does not provide investment advice nor promote the buying nor selling of any specific financial product.  

Waiver and Limitation of Liability 

15. Subscriber agrees that access to and use of information contained in the Service is at Subscriber’s risk and Subscriber agrees that no claim shall be alleged or asserted against AlphaShark Trading or anyone affiliated therewith based on any allegation or contention that any of the information was deficient, misleading, or inaccurate.  Subscriber assumes full liability for all trading risks and losses related to the use of any AlphaShark Trading -provided information or service.  
16. THE SERVICE AND ALL THE INFORMATION, SOFTWARE, CONTENT, AND PRODUCTS AVAILABLE FROM AlphaShark Trading ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND.  KOTM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT).  AlphaShark Trading DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.  

YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SERVICE, KOTM-RELATED SERVICES, CONTENT, OR INFORMATION BY KOTM IS TO STOP USING THE INTERNET SITE AND THE SERVICE OFFERED OR PROVIDED AND TO CANCEL ANY SUBSCRIPTION.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

17. To the extent permitted by applicable law, the liability of AlphaShark Trading and its principals, affiliates, employees, or officers arising under this Agreement is limited to direct damages up to the amount Subscriber paid for the Service giving rise to that liability during the prior twelve (12) months. In the case of AlphaShark Trading services or products that are provided free of charge, the combined liability of KOTM and its principals, affiliates, employees, or officers to Subscriber arising under this Agreement is limited to One Thousand United States Dollars ($1,000 USD).  These limitations apply regardless of whether the liability is based on breach of contract, tort (including, without limitation, negligence), breach of warranties, strict liability, or any other legal theory.
18. To the extent permitted by applicable law, whatever the legal basis for the claim, neither party, nor any of its principals, affiliates, employees, or officers, will be liable for any indirect, consequential, special or incidental damages, or damages for lost profits or revenues, business interruption, or loss of business information arising in connection with this Agreement or the Service, even if such possibility was reasonably foreseeable. This exclusion does not apply to either party’s liability to the other for violation of its confidentiality obligations or intellectual property rights.
19. Any information presented through the Service or by AlphaShark Trading includes information from sources believed to be reliable and accurate as of the date of its publication, but no independent verification has been made and AlphaShark Trading does not guarantee its accuracy or completeness.  Any expressed opinions are subject to change without notice.  Any reliance on such information is at Subscriber’s sole risk.

Cancelling Your Subscription

20. Subscriber can cancel his or her subscription to the Service by the method described in Section 35 below.  A cancellation will be effective at the end of the monthly subscription cycle during which you cancel the subscription.  Subscription fees that Subscriber has paid prior to the cancellation will not be refunded, in whole or in part.  AlphaShark Trading has the right to cancel your subscription and terminate this Agreement if you fail to observe any provision of this Agreement.  AlphaShark Trading can cancel your subscription if authorized charges to your credit card (or, approved alternative payment method) are not honored or if AlphaShark Trading is no longer authorized to charge your credit card (or, approved alternative payment method).  Upon cancellation, you will be denied further access to the restricted portion of AlphaShark Trading’s websites and the Service.  AlphaShark Trading will have no obligation to return any portion of the subscription fees you have paid prior to cancellation; provided, however, that a cancellation within seven (7) calendar days after the subscription first became effective will be effective immediately and the initial paid subscription fees will be reimbursed.

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Duration of Our Agreement

21. This Agreement, including your authorization to AlphaShark Trading to charge your credit card or, approved alternative payment method for any subscription fees will continue month-to-month until the subscription to the Service is cancelled.  

Your Limited User License

22. In return for your compliance with all the terms of this Agreement and payment of all applicable subscription fees, and subject to the restrictions noted herein, AlphaShark Trading grants Subscriber a non-exclusive, non-transferable, and limited right to access and use of the Service. These rights are (a) non-perpetual and (b) conditional on your continued compliance with the terms of this Agreement. AlphaShark Trading reserves all rights not expressly granted to you in this Agreement, including any rights by implication or otherwise.
23. Subscriber is not allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials or content transmitted through the Service or any derivative works from or use of the Service, in whole or in part, without prior written consent by AlphaShark Trading.

Your Obligation to Indemnify Us

24. Subscriber agrees to indemnify, defend and hold harmless AlphaShark Trading, its principals, affiliates, employees, officers, information providers, and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) arising out of, in connection with or relating to any violation by you of this Agreement including, without limitation, claims, directly or indirectly, resulting from or attributable to Subscriber.  

Access and Interference

25. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our content including, without limitation, trading alerts, videos, web pages, and chat blogs or for any other unauthorized purpose without prior written permission by AlphaShark Trading.  You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Service including, without limitation, the AlphaShark Trading website.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure and you agree not to engage in any unauthorized framing, linking or deep-linking to Service including, without limitation, the internet site without prior written permission by AlphaShark Trading.  
26. Subscriber is responsible for providing all personal computer and electronic equipment necessary to gain access to the Service. Access to and use of some of the products or web pages offered in accordance with the Service may be through the use of a combination of a username and password. Subscriber must keep such access information strictly confidential. Unauthorized access to the Service is a breach of this Agreement.

Other Terms and General Provisions

27. This Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else.  You also agree that you will not allow anyone else to access the Service.  You agree that you will be solely responsible for any liability arising from any third-party access to or use of the internet site that you permit or facilitate, negligently or otherwise.  You can only access the Service from one computer or mobile device at a time (as appropriate). If we detect the Service being used by more than one electronic device (e.g., computer or mobile device) under your login, we may terminate or disconnect one of the two sessions being accessed or charge your credit card or, approved alternative payment method for an additional identical subscription.
28. This Agreement shall be governed by and construed in accordance with Illinois law, without regard to that state’s choice of law rules.  You agree that your use of Service constitutes activity in Illinois and for the purpose of establishing minimum contacts in Illinois.  You agree that any action commenced against AlphaShark Trading shall be commenced and maintained solely in the federal or state courts located in Chicago, Illinois.  You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event AlphaShark Trading commences an action against you.  
29. If any term or provision of this Agreement is deemed by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of this Agreement that can be given effect without such term or provision shall be given full effect.  
30. Any failure by AlphaShark Trading to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of this Agreement.

Modifications

31. AlphaShark Trading may modify this Agreement or the Service by providing notice of the modification by the method described in Section 34.  The modification will become effective at the end of the monthly payment cycle in which the notice is sent or seven (7) calendar days after the notice is deemed received, as set forth in Section 34 below, whichever is longer. Subscriber’s continued use of the Service shall be conclusively deemed acceptance of all such modification(s).  

Third-Party Beneficiaries

32. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

Entire Agreement

33. This Agreement constitutes the entire agreement concerning its subject matter and supersedes any prior or contemporaneous communications.

Force Majeure

34. Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control including, without limitation, fire, explosion, power blackout, earthquake, cyber terrorism, severe storms, flooding, earthquake, strike, embargo, labor disputes, acts of God, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental bodies, and war; however, this section does not apply to your payment obligations under this Agreement.

Notices

35. Any notices and requests made to AlphaShark Trading in connection with this Agreement, except for the cancellation of the subscription, must be made by mail to the address below or by email to [[email protected]].  Any notice of cancellation of the Service must be made by e-mail to [[email protected]]. Any notice or request will be deemed received one (1) business day after receipt by AlphaShark Trading.

AlphaShark Trading

401 S. La Salle St.

Suite 1403

Chicago, IL 60605

36. AlphaShark Trading may provide you with information, notices, or service communications about the Service or other KOTM services and products in electronic form. It may be by email to the address you provided when you subscribed for the Service or as updated by Subscriber or through the AlphaShark Trading website. Notice by email is deemed received as of the transmission date, unless AlphaShark Trading receives a response message indicating that the email was not successfully delivered.

Refund Policy

37. All sales of any Workshops, DVD’s, Books, E-Books, or other Digital Software (including Indicator Studies) are final. We will not grant refunds for purchases of these products. There is no refund issued if you cannot attend a workshop. Whether you attend the course or not no refunds will be granted as all video sales are final with no refund.
38. Subscriptions may be canceled at any time by either party. These cancellations must be sent via email to [email protected]. When termination is requested by a subscriber, subscription fees are not refunded. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the subscription would then become inactive and the account canceled. Cancellation of service is not official until subscriber receives an email confirmation from AlphaShark Trading, and if your request is not answered in 3 business days, you will need to call us and confirm cancellation.
39. This policy is posted clearly on our website and was included on the checkout page at the time of your purchase. By purchasing one of our products you agreed to this policy and to all of our disclaimers on the website.

Unauthorized Use & Redistribution

40. By downloading this product, the recipient agrees to the following terms and conditions:

1. Recipient will not modify, alter, or disseminate the indicator, course, or other product in any way, shape or form without EXPLICIT signed written permission from Andrew Keene.
2. Failure to adhere to the above will result in a lifetime ban of membership and a penalty not to exceed $50,000 USD.

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