Terms of Service and Disclaimers
U.S. Government Required Disclaimer
Commodity Futures Trading Commission. Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41
Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, certain market factors, such as lack of liquidity. Simulated e mini trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
Past performance does not guarantee future results. Winborn Traders LLC generate trading signals for educational purpose only and is not investment advice. We have no financial interest in the outcome of any trades mentioned herein, other than disclosed in this Terms of usage and/or subscription agreement. There is substantial risk of loss trading futures and commodities. You need to determine your own suitability to trade them. There may be tax consequences for short term profits/loss on trades. Consult your tax adviser for details on this if applicable.
Commodity Futures Trading Commission and Other Disclaimers:
Neither Winborn Traders LLC, nor its principals, officers or employees are CTAs. Becoming a member and/or trading any of the system's signals presumes you have fully read and understood the risks involved in trading futures/commodities as set forth in this document.
All signals published are for educational purpose only and they are not any recommendations to trade with real money. We highly recommend that you use our signals only on paper trading and avoid using them to make trades on a real money account. If you decide to use a real money account, any trades based on our signals must be placed at your own risk.
Trading does not have any guarantees or certainties. It involves hard work, risk, discipline and the ability to follow rules and trade through any tough periods during a system's draw-downs. If you are looking for a guarantees, trading is not for you. Majority of people lose in trading. One of the reasons is that they lack discipline and are unable to be consistent. The ability to be disciplined and take the trades is equally or more important than any other aspects. Our trading room can help you get trained on your discipline and consistency.
Worrying about the money aspect of trades can contribute to and cause a trader to make trading errors. Therefore, it is important to only trade with true risk capital. We highly recommend that you use our signals only on paper trading and avoid using them to make trades on a real money account.
ALL THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES PROVIDED BY Winborn Traders LLC ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITH NO WARRANTIES OF ANY KIND. Winborn Traders LLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. Winborn Traders LLC DISCLAIMS ANY WARRANTY THAT THE SITE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED AT THE SITE IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, Winborn Traders LLC WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY Winborn Traders LLC CONTENT OR THIRD PARTY CONTENT, THE SITE, YOUR USE OR INABILITY TO USE THE SITE, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT Winborn Traders LLC MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED $100. YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND THE SERVICES OFFERED OR PROVIDED AND TO CANCEL YOUR 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.
Winborn Traders® Subscription Agreement
Subscription to any service offered by Winborn Traders LLC has three requirements:
• You must be at least 18 years at the time you subscribe.
• Agree to pay the appropriate monthly subscription fee as required by a particular plan.
• Agree to the “Terms of Usage” and this “Subscription Agreement” of the Winborn Traders LLC. They govern use of our service by registered subscribers.
(registration constitutes your agreement to all our terms and conditions, including this Subscription Agreement and the Terms of Usage)
Canceling Your Subscription
To cancel your paid subscription, simply send us an e-mail to Subscription@winborntraders.com and request to cancel your subscription before the time of your expiration. However, periodical subscription fees which have been charged to your credit card in the past will not be refunded to you, in whole or in part.
Duration of Our Agreement
This Subscription automatically renews at the end of subscription period (for monthly plan only). By subscribing to our service, you authorize Winborn Traders LLC to charge your credit card for subscription fees until cancellation. This process will continue month to month as long as you are a subscriber. Winborn Traders LLC reserves the right to eliminate the periodical notice regarding your subscription renewal.
Your Limited User License
No subscriber or other user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create any of the materials or Site Content on our site or any derivative works from or use the Site Content, in whole or in part, except as is expressly authorized by this license.
Terminating Your Subscription
Winborn Traders LLC has the right to cancel your subscription if you fail to observe any provision of this Subscription Agreement or any of the Terms of Usage of our service at our sole discretion. Upon cancellation, you will be denied further access to the restricted portion of the Winborn Traders LLC site. Winborn Traders LLC will have no obligation to return any portion of the subscription fees you have paid prior to cancellation.
Prohibited Postings and Comment
You agree that you will refrain from any offensive, defamatory, vulgar, obscene, political or racial remarks and comments, and will not make any personal attacks, use any offensive or inappropriate language, post material that is harmful to minors, engage in any hyping or front running, or place or post on the site any "spam," advertisements or promotional material. Winborn Traders LLC reserves the right to deny posting privileges or other access privileges, including without limitation revocation and cancellation of subscription, for violating these conditions.
You can be held liable for any illegal or prohibited Content you provide to the site, including, among other things, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or other materials injurious to third parties. You can also be held liable for materials consisting of or containing software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.
If you participate in the Winborn Traders LLC trading room services, you agree to refrain from asking any and all business and or personal questions directly of Winborn Traders LLC at any time. However, you may direct those questions by e-mail to email@example.com
Signals Disclaimer Statement:
All signals published are for educational purpose only. We highly recommend to use our signals only on a simulated account. If you decide to use a real money account, any trades based on our signals must be placed at your own risk. Past performance is no guarantee of future results. While there is great potential for reward when trading any financial instruments, there is also substantial risk of loss. You must decide your own suitability to trade. The results of trading can never be guaranteed. This is not an offer to buy or sell futures, options or commodity interests.
The signals generated by Winborn Traders LLC are based on historical data and formulas which have worked in the past. However, what has happened before may or may not happen again. There are no guarantees or certainties in trading. Trading involves hard work, risk, discipline and the ability to follow rules and trade through any tough periods during a system draw-downs. If you are looking for guarantees, trading is not for you. Most people lose in trading. One of the reasons is lack of discipline and consistency. Our system can help you become consistent. The ability to be disciplined and take the trades is equally as important as any technical indicators a trader uses. Ironically, worrying about the money aspect of trades can contribute to and cause a trader to make trading errors. Therefore, it is important to only trade with true risk capital.
If you choose to go against our recommendations and trade with real money, you can lose all your money. You must decide your own suitability as to whether or not to trade. Only trade with true risk capital you can afford to lose. Only trade markets you can properly afford to trade. Properly funded trading accounts typically perform better than those that are not.
Subscribers may be asked to provide certain
personal information when they sign up for our Products or Services including
name, address, telephone number, billing information (such as a credit card
number), and the type of personal computer being used to access the Services.
The personal information collected from Members during the registration process
is used to manage each Member's account (such as for billing purposes). This
information may be shared with third parties, as stated herein, or in special
However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and user name of persons who subscribed to the Services as a result of the joint promotion for the purpose of offering you other products and services.
In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Members provide during registration (such as the total number, but not the names, of Members). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.
Also, with purchases, we supply our member's contact information, to our business partners, who then may contact the member by telephone after the member purchase. Sales proceeds are collected by that business partner company. We also may supply other companies with contact information, for mail offers we believe would be of interest to our members, with or without compensation from those companies. At times we may send an advertisement for a third party product, where we collect the sales proceeds, and forward the purchaser's information to that third party.
Our Company Partners and Sponsors: Some products and services may be offered to Visitors and Members in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.
Online Shopping: At some Web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.
If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number. Our company has no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so.
If you order services or products directly from our company, we use the personal information you provide to process that order. We do share this information with outside parties that we do business with.
Online Advertisements: Our Company may display our online advertisements. In those cases we share information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers.
Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Members with these advertisers or joint venture companies.
Responses to Email Inquiries: When Visitors or Members send email inquiries to our company, the return email address is used to answer the email inquiry we receive.
Voluntary Customer Surveys: We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.
We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
Special Cases: It is our company's policy to use or share the personal information about Visitors or Members in ways described herein without additional notice or means to opt out or otherwise prohibit such unrelated uses.
Also, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or Terms Of Service, or other user policies; to operate the Services properly; or to protect our company and our Members.
Notice to California Residents – Your California Privacy Rights
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to firstname.lastname@example.org. Please include the phrase "California Privacy Request" in the subject line, and provide us with your name, address and email address. We will respond to you within thirty days of receiving such a request.
Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
Our Company Commitment to Children's Privacy. Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our Web site to persons eighteen years or older.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO.
Public Forums: Please remember that any information you may disclose in any Member Directory, or other public areas of our Web sites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.
Our Company's Commitment to Data Security: Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
Revisions to This Policy: Our Company reserves the right to revise, amend, or modify this policy, our Terms of Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.
Control of Site Content
The site presents material and content, including text, graphics, images, illustrations, information and material subject to the intellectual property rights of Winborn Traders LLC or belonging to third parties, and other sources, reports and data generated as a result of subscriber input. All of this is called "Site Content."
Winborn Traders LLC retains complete discretion over the Site Content, including the right to remove or modify any Site Content. Winborn Traders LLC has no obligation and undertakes no responsibility to review the Site Content to determine its reliability, accuracy or completeness. Further, although it has no obligation to police Site Content, if Winborn Traders LLC determines in the exercise of its sole discretion, that any Site Content may give rise to any liability or claim against Winborn Traders LLC, it may decline or cease to distribute or post such Site Content and take other remedial measures. The contributions of third parties do not necessarily represent the view or opinions of Winborn Traders LLC.
Ownership of the Site and All Materials
You agree and acknowledge that all works, content, logos, slogan, names or other marks, data, information and materials provided by Winborn Traders LLC (hereby refer to as “Site Content”) are proprietary to and belong to Winborn Traders LLC, unless otherwise specifically noted that is or may be subject to protection by copyrights, trademarks and service marks, intellectual property, or other proprietary rights and laws. Further, other subscribers and third parties may also provide content, materials, data and information to the site that is included in references to Site Content herein.
There may be opportunities for you to provide information, data or materials to the site. If you provide or post such information, data or materials, other than the specific subscriber information required for registering as a subscriber, to the site or in the Rooms, by voice, electronic means including e-mail, or otherwise ("Subscriber Provided Content"), we will treat it as non-confidential and non-proprietary to you.
Your Limited User License
So long as you remain a subscriber in good standing of Winborn Traders LLC, you have a limited nonexclusive license to access, view, display and download portions of the site for your use. However, no subscriber or other user is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create any of the materials or Site Content on our site or any derivative works from or use the Site Content, in whole or in part, except as is expressly authorized by this license.
You also agree that you will not (i) use any information or Site Content from the site for any commercial activity, including any activity that competes with the business of Winborn Traders LLC, (ii) excerpt information or Site Content from the site for posting elsewhere on the Internet without Winborn Traders LLC express prior written consent, (iii) take any action inconsistent with Winborn Traders LLC ownership of the site, Site Content and the intellectual property rights associated with the Site Content or the site including those of Winborn Traders LLC and third parties, or (iv) take any action or step that would tend to disrupt, alter or impede the operation of the site, alter the Site Content , impede access to or use of the site by others, or otherwise would be damaging, injurious or objectionable to Winborn Traders LLC, the site or any other of its Subscribers. Winborn Traders LLC reserves all rights not expressly licensed.
Distribution and or re-transmission of any of the
content provided by Winborn Traders LLC in any form or by any medium are
expressly prohibited. Entrance to the subscriber areas of the website is
restricted without exception to subscribers, and all subscribers agree to
protect the confidentiality of the content contained within. It is agreed that
no passwords or subscriptions will be shared or divulged; it is further agreed
that no online conferencing or chat codes will be shared or divulged.
Limitation of Liability for Site Content and Data
Your Obligation to Indemnify Us
Other Terms, Conditions and Provisions
The Subscription 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 Winborn Traders LLC site unless such other person has registered as a subscriber. You agree that you will be solely responsible for any liability arising from any third party access to or use of the site that you permit or facilitate.