Terms of Service

Last Modified: July 7th, 2023

These Terms of Service (these “Terms”) constitute a binding contract between you (“you” or “your”) and Nostradeamus LLC d/b/a AST (“AST,” “we,” “our,” or “us”). These Terms govern your access to and use of AST’s proprietary cryptocurrency monitoring tool, available through our website at https://app.tradewithspot.com/login/ (our “Service”)

THESE TERMS TAKE EFFECT WHEN YOU CLICK THE “I ACCEPT” / “LEARN MORE” / “CLICK TO APPLY NOW” BUTTONS, ANY INDICATION OF “BUTTON BELOW” OR BY ACCESSING OR USING THE SERVICE (the “Effective Date”). BY CLICKING ON THE “I ACCEPT” / “LEARN MORE” / “CLICK TO APPLY NOW”BUTTON BELOW OR BY ACCESSING OR USING THE SERVICE  YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO AGREE TO THESE TERMS, IF USING THE SERVICE ON BEHALF OF AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS; AND (D) YOU ARE NOT A PERSON WHO IS PROHIBITED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, OR ANY OTHER APPLICABLE JURISDICTION.

IF YOU DO NOT ACCEPT THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

  1. Definitions. 
  1. "Authorized User" means you and your employees, consultants, contractors, and agents (i) who are authorized by you to access and use the Service under the rights granted to you pursuant to this Agreement and (ii) for whom access to the Service has been purchased hereunder.
  2. "Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of you or any other Authorized User through the Service.
  3. "Documentation" means AST's user manuals, handbooks, and guides relating to the Service provided by AST to you either electronically or in hard copy form/end user documentation relating to the Service available at https://app.tradewithspot.com
  4. "AST IP" means the Service, the Documentation, and all intellectual property provided to Customer or any other Authorized User in connection with the foregoing. For the avoidance of doubt, AST IP includes Aggregated Statistics and any information, data, or other content derived from AST's monitoring of your access to or use of the Service, but does not include Customer Data.
  1. Access and Use.
  1. Provision of Access. Subject to and conditioned on your payment of Fees and compliance with all terms and conditions of this Agreement, AST hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Service during the Term solely for your own internal, lawful and non-commercial purposes in accordance with the terms and conditions herein. 
  2. Documentation License. Subject to the terms and conditions contained in this Agreement, AST hereby grants you a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Documentation during the Term solely for your internal business purposes in connection with use of the Service.
  3. Use Restrictions. You shall not, and shall not permit any Authorized Users to, use the Service, any software component of the Service, or Documentation for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: 
  1. Knowingly provide or submit false or misleading information; 
  2. Create another account if we have already terminated your account, unless you have our permission;
  3. Use bots or other automated methods to access the Service.
  4. Monitor the Service availability, performance or functionality for any competitive purpose.
  5. Attempt to interfere with or disrupt our servers or networks.
  6. copy, modify, or create derivative works of the Service, any software component of the Service, or Documentation, in whole or in part; 
  7. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or Documentation except as expressly permitted under these Terms; 
  8. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part; 
  9. remove any proprietary notices from the Service or Documentation; or
  10. use the Service or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule.

If we believe you are misusing our Service or violating these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your use and access to our Service. If we block you from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). AST may (but has no obligation to) monitor the use of the Service. We may disclose any information necessary to satisfy our legal obligations, protect AST or its customers, or operate the Service properly.

  1. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, AST may monitor your use of the Service and collect and compile data and information related to your use of the Service to be used by AST in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service ("Aggregated Statistics"). As between AST and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by AST. You acknowledge that AST may compile Aggregated Statistics based on Customer Data input into the Service. You agree that AST may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify you or your Confidential Information. 
  2. Third-Party Account Information. When you direct our Service to synchronize and retrieve your account information from third-party platforms, you grant AST a limited power of attorney to access those third-party services on your behalf to retrieve that account information. For clarity, when this occurs, AST will be acting as your agent and will not be acting on behalf of the third-party platforms. AST does not review account information from third-party platforms for accuracy and is not responsible for any issues or expenses resulting from such account information.
  3. Reservation of Rights. AST reserves all rights not expressly granted to you in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any intellectual property rights or other right, title, or interest in or to the AST IP.
  4. Suspension. Notwithstanding anything to the contrary in this Agreement, AST may temporarily suspend your and any other Authorized User's access to any portion or all of the Service  if: (i) AST reasonably determines that (A) there is a threat or attack on any of the AST IP; (B) Customer's or any other Authorized User's use of the AST IP disrupts or poses a security risk to the AST IP or to any other customer or vendor of AST; (C) Customer or any other Authorized User is using the AST IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) AST's provision of the Service  to Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of AST has suspended or terminated AST's access to or use of any third-party services or products required to enable Customer to access the Service ; or (iii) in accordance with 5 (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). AST shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service following any Service Suspension. AST shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. AST will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you or any other Authorized User may incur as a result of a Service Suspension.
  1. Customer Responsibilities.
  1. Acceptable Use Policy. The Service may not be used for unlawful, fraudulent, offensive, or obscene activity, or any other activity that AST, in its sole discretion, determines is inappropriate. You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, terms, standards, and requirements that may be posted on AST’s website from time to time.
  2. Customer Warranty. You represent and warrant that you own all right, title, and interest, including all intellectual property rights, in and to Customer Data and that both the Customer Data and your use of the Service are in compliance with this Agreement.
  3. Account Use. You are responsible and liable for all uses of the Service and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Service and shall cause Authorized Users to comply with such provisions. 
  4. Customer Data. You hereby grant to AST a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for AST to provide the Service  to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. You will ensure that Customer Data and any Authorized User's use of Customer Data will not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data.
  5. Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Service confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
  1. Fees and Payment. You shall pay AST the fees as described on tradewithspot.com (“Fees”) upfront and any ascension, upgrades or monthly payments within ten (10) days from the invoice date without offset or deduction. You shall make all payments hereunder in US dollars on or before the due date. If you fails to make any payment when due, without limiting AST's other rights and remedies: (i) AST may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) you shall reimburse AST for all reasonable costs incurred by AST in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for thirty (30) days or more, AST may suspend your and all other Authorized Users' access to any portion or all of the Service  until such amounts are paid in full. All Fees and other amounts payable by you under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by you hereunder, other than any taxes imposed on AST's income.
  2. Confidential Information. From time to time during the Term, AST may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, “Confidential Information”). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. You shall not disclose AST’s Confidential Information to any person or entity, except to your employees, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under these Terms. Notwithstanding the foregoing, you may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that you shall first have given written notice to AST and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under these Terms, including to make required court filings. Your obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to you and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of these Terms for as long as such Confidential Information remains subject to trade secret protection under applicable law. 
  3. Privacy Policy. AST complies with its privacy policy, available at tradewithspot.com/privacy-policy (“Privacy Policy), in providing the Service. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Service, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
  4. Intellectual Property Ownership; Feedback. As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the Service and (b) you own all right, title, and interest, including all intellectual property rights, in and to Customer Data. You acknowledge and agree that the Service is provided under license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. AST and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Service, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. 
  5. Feedback. If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Service , including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback. 
  6. Warranty Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND AST SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. AST SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. AST MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE , OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 
  7. Indemnification. You shall indemnify, hold harmless, and, at AST's option, defend AST and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including [reasonable] attorneys' fees arising from or relating to any third-party claim, suit, action, or proceeding [(i)] that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; or (ii) based on you or any Authorized User's negligence or willful misconduct or use of the Service  in a manner not authorized by these Terms; provided that you may not settle any claim against AST unless AST consents to such settlement, and further provided that AST will have the right, at its option, to defend itself against any such claim or to participate in the defense thereof by counsel of its own choice.
  8. Limitations of Liability. IN NO EVENT WILL AST BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER AST WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL AST'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO AST UNDER THESE TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 
  9. Termination. You may cancel your account and AST may suspend or terminate your use of the Service. These Terms are effective until your subscription expires or you cancel your account or AST terminates these Terms or your use of the Service. AST may terminate these Terms or your account or suspend the Service at any time in our discretion. You must stop using the Service once your subscription expires, you cancel your account, or if these Terms or your account with our Service is terminated. Upon expiration of your subscription or cancellation of your account, or AST’s termination of your account or these Terms, you shall immediately discontinue use of the AST IP, including the Service. No expiration or termination of these Terms will affect your obligation to pay all Fees that may have become due before such expiration or termination, or entitle you to any refund.
  10. Survival. This Section 13, Sections 4, 5, 10, 11, 16, 17, 18, and 20, and any right, obligation, or required performance of the parties in these Terms which, by its express terms or nature and context is intended to survive termination or expiration of these Terms, will survive any such termination or expiration.
  11. Third-Party Services. The Service may contain links to websites or services operated by other parties as a convenience, and your use of these sites and services is at your own risk.  The linked sites and services are not under the control of AST and we are not responsible for the content available on these third-party sites or the terms that may apply to your use of those services.
  12. Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify these Terms from time to time, and that modified terms become effective on posting. You will be notified of modifications through notifications or posts on tradewithspot.com/terms-of-service. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Service after the effective date of the modifications will be deemed acceptance of the modified Terms. AST will provide at least 60 days' advance notice of changes that AST reasonably anticipates may result in a material reduction in quality or services. 
  13. Export Regulation. The Service utilizes software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service or the software or technology included in the Service to, or make the Service or the software or technology included in the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service or the software or technology included in the Service available outside the US.
  14. US Government Rights. Each of the software components that constitute the Service and the Documentation is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Service  and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government customers and their contractors.
  15. Void Where Prohibited. AST is based in the United States. We provide the Service for use only by persons located in the United States. We make no claims that the Service is appropriate outside of the United States. Use of the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Use of our Service is void where prohibited. 
  16. Governing Law and Jurisdiction. These Terms are governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Wyoming. Any legal suit, action, or proceeding arising out of or related to these Terms or the rights granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming in each case located in the County of Natrona, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. 
  17. Miscellaneous. These Terms constitute the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address available at:

Nostradeamus LLC

30 N Gould St Ste R

Sheridan, WY 82801

and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. These Terms are personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign these Terms and to delegate any of its obligations hereunder.

© Nostradeamus LLC 2024. All Rights Reserved.
Terms Of Service

Required Disclaimer - Trading foreign exchange currencies (forex) and crypto currency (“crypto”) carries a high level of risk, and may not be suitable for all investors. The high degree of volatility can work against you as well as for you. Before deciding to invest in crypto  or trade forex you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with forex trading, and seek advice from an independent financial advisor if you have any doubts. The purchase, sale or advice regarding crypto and foreign exchange currencies can only be performed by persons registered with (unless exempt from registration) (i) the CFTC (futures commission merchants, introducing brokers, commodity trading advisors, commodity pool operators, and licensed associated persons of such entities), and/or (ii) the SEC (broker-dealers and/or investment advisers and their licensed associated persons), and (iii) a state regulator (each, an “Intermediary”). Neither we, nor our affiliates or associated persons involved in the production and maintenance of our products and services or this website, is an Intermediary. All purchasers of products and services referenced on this website are encouraged to consult with an investment professional regarding any trading strategy or a particular trade. We make no representation that you will or are likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. We emphasize that no information set forth on this website is an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain. That is your decision. Do not risk any money you cannot afford to lose. This website does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and NOT as individual investment advice. Do not act on this information without advice from your investment professional, who you should expect to determine what is suitable for your particular needs and circumstances. Failure to seek detailed professional, personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital.*CFTC RULE 4.41(b)(1)/NFA RULE 2-29 - SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE THE RESULTS SHOWN IN AN ACTUAL PERFORMANCE RECORD, THESE RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, BECAUSE THESE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THESE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED OR HYPOTHETICAL 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 BEING SHOWN. NO REPRESENTATION IS BEING MADE THAT ANY PERSON 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.IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.