Website Terms of Use
Thanks for visiting. Welcome! It's great to know you got here because there’s some really important stuff you need to read and get to know while you are here.
So take a few minutes and just see what terms of use are applicable, and what either of us are, or are not, responsible for.
First and foremost, its important that you know and understand that Trading any financial market involves risk. Please be aware then that The contents of this website are neither a solicitation nor an offer to Buy/Sell any financial market.
Its also really; really important that you understand that The contents of the website, newsletters and emails you'll receive and any member's area, are for general information and educational purposes only.
So basically then, just so we are clear, by using this website or using/viewing any part of this website you agree to the terms of this agreement.
Heres a mouthfull, its legal talk but is pretty clear, hold your breath and give it the once over:
"Trading carries a high level of risk, and may not be suitable for all investors. Before deciding to trade 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 trading, and seek advice from an independent financial advisor if you have any doubts."
You may be wondering, if you've seen an testimonial on our site, just what was the deal to have them put up, if any. Well, we have nothing to hide and let's you a brief rundown of how this happens:
How We Gather Testimonials:
We receive unsolicited testimonials periodically. Once we receive the testimonial we email the individual and ask if we have their permission to add and use their testimonial.
Unless we say otherwise, we have no connection to the person giving the testimonial. Where we do have a material connection to the person we will clearly state the connection.
Please remember that any testimonials on the site are not indicative of future performance or success. We are not implying that these results can be generally expected or achieved by anyone. In fact its important to realise that there is a substantial risk of loss associated with trading Forex. We'll tell you more somewhere below this.
By the way, in the interest of full disclosure, because we have nothing to hide :) we can not say that these testimonials are representative of all users and at all times for any user. People who send testimonials tend to be happy with the product at the time they sent the testimonial but their experience may change over time.
We try to be as transparent as possible at all times.
We would never mean to say or pretend that any account or trader will or is likely to achieve profits or loses similar to those discussed on this website. Each person may have different results. In fact its pretty certain they and you will not have similar results and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. So the saying "Past performance is not indicative of future results" really holds true here.
One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. Also, hypothetical trading does not involve financial risk and that’s why 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 the trading losses are material points, which can also adversely affect trading results. There are a lot of other factors related to the market 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.
Although we make every attempt to assure accuracy, we do not give any express or implied warranty as to it's accuracy. What we are saying here is, that we do not accept any liability for any error or omission. You'll see we have examples posted now and again. These are for illustrative purposes only so please do not be construe them as investment advice or strategy.
We would love for you to subscribe to our mailing list, use the website or becoming a member. Remember that by doing any of these you will be deemed to have accepted all the terms of this page in full.
Here's another thing and its very important to know: Old Tree Publishing (Pty) Ltd, in association with Mark McRae, the website and its representatives do not and can not give investment advice or invite customers to engage in investments through this website.
It follows then also that we and anybody else who helped us create, produce, or deliver the site are not liable for any damages you suffer if and when and however you use it. Here's another mouthful that’s worth reading out load and remembering:
We or any of these persons mentioned above, are never to be held liable by you for any: " direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or services. Without limiting the foregoing, everything on the site is provided to you ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT."
Get it! Got it! Good! if your uncertain of anything we say, rather don't use our site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
We do our best to insure that the website is available 24 hours per day but we cannot be held liable if for any reason the site is not available.
It's vital you read our privacy policy too. Your find that next to the link on the home page for this page.
Basically what’s said there applies here to.
Anything you post in the site or bulletin board or anywhere else and disclose, becomes ours and ours only. We can then do with it as we like and send it where we like or even make any products out of it and market them.
Anything on our site is either ours, or we are using it with the person's who had rights to it, permission. The information we provide on this website is not meant for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would subject us to any registration requirement in such jurisdiction or country. This includes any intellectual property violation against us or
the lawful owner by you.
Anytime you decide to click on any link to any site from our site, it doesn't mean that we have checked these other sites. You must link at your own risk.
If you say or put up any information anywhere on our site or bulletin, you and you alone will be held responsible for any law you break by doing so. Bottom line don't publish anything illegal on our site or try to offend anybody with any unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty or profane material.
Because it’s our site and we may need to change things on it from time to time, we do reserve the right to change these terms and conditions without notice.
But don't worry…you can check for updates to this disclaimer or our policies at any time just by visiting this page.
Of course the content of this website is copyright protected so this means that it may not be copied or reproduced in any way or for any reason, without our express written permission.
Distribution
This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments or products referred to in this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
Market Opinions
Any opinions, news, research, analyses, prices, or other information contained on this website or from any broadcast is provided as general market commentary, and does not constitute investment advice. Old Tree Publishing (Pty) Ltd, Inc will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
By using the services offered by Old Tree Publishing (Pty) Ltd, or using this website the user agrees that the author and any other entities associated with the Old Tree Publishing (Pty) Ltd, shall not be held liable for any direct, indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, software, messages , manual, worksheet , instructions, alerts, directives etc and any other information contained in regard to its use and understanding. Use this site and the services offered by Old Tree Publishing (Pty) Ltd at your own risk. Neither Guarantee of performance, results nor any anticipated Return on investment is offered at any time. Past performance is no Guarantee of future results.
Regulations
We provide educational software, expert advisors and learning materials only.
Please therefore note:
We are not required to be NFA regulated as we are not:
* a Futures Commission Merchant (FCM) as we do not:
- Solicit or accept orders to buy or sell futures contracts, options on futures or
retail off-exchange Forex contracts and
- Accept money or other assets from customers to support such orders;
*Retail Foreign Exchange Dealer (RFED) as we do not:
offer to act, as a counterparty to an off-exchange foreign currency transaction;
* An Introducing Broker(IB) as we do not:
solicit or accept orders to buy or sell futures contracts, options on futures, or retail
off-exchange Forex contracts which does not accept money or other assets from
customers to support such orders
* A Commodity Pool Operator (CPO) which operates or solicits funds for a
commodity pool;
* A Commodity Trading Advisor (CTA) which, for compensation or profit, advises
others as to the value of or the advisability of buying or selling futures contracts,
options on futures, or retail off-exchange Forex contracts;
* An Associated Person (AP) who solicits orders, customers or customer funds (or
who supervises persons so engaged) on behalf of an FCM, RFED, IB, CTA or
CPO;
* A Floor Broker (FB) who purchases or sells any futures contracts or options on
futures on any contract market for any other person.
* conducting Any other business activity associated with NFA regulation or
commodity Commission registration.
Internet Trading Risks
There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since Old Tree Publishing (Pty) Ltd, does not control signal power, its reception or routing via Internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failures, distortions or delays when trading via the Internet. Old Tree Publishing (Pty) Ltd, employs back up systems and contingency plans to minimize the possibility of system failure, and trading via telephone is always available.
Now you might want to contact us. Thats easy...just direct your query to:
The Manager: Crescendo
Fax +1 (134) 74383131
We'll be happy to hear from you.
Of course if either you or we ever find that we need to bring on the legal eagles for any reason this is how it'll have to play out:
This policy and the use of this site and purchase of any product or service from this site are governed by the laws of the Republic of South Africa. If a dispute arises under this Policy (agreement) we agree to first try to resolve it with the help of a mutually agreed-upon arbitrator in the following
location: Umhlanga, Kwazulu Natal, South Africa.
Company Details
Old Tree Publishing Pty Ltd
Suite 509, Private Bag X503
Northway, 4065, KZN, SA
Reg # - 2004/031553/07
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Umhlanga, under the rules of the Arbitration Foundation of South Africa and an arbitrator appointed by the Foundation.
This statement and the policies outlined on this apge are not meant to create any contractual or other legal rights on behalf of a visitor to the site.
By becoming a member of our website or using it you agree that you unconditionally accept this disclaimer agreement.
Another very imporatant note: Old Tree Publishing (Pty) Ltd, its Directors, representatives and Mark McRae can't be held liable for any loses, injury or damages you may claim, and as per the laws of the Republic of South Africa or any other country.
