© 2018 Michael Keates Programming. All Rights Reserved.

Terms & Conditions

Introduction

 

The Custom TOS Scripts website is provided by Michael Keates Programming, which is a sole proprietorship operated by Michael Keates in NJ. In this agreement, these entities are individually and collectively referred to as “Michael Keates Programming”, “we”, or “us”.

 

Through the Custom TOS Scripts website, we offer for sale software products, each referred to as either a thinkscript, indicator, study, scanner, strategy, system, script, or code (hereafter referred to as the “product” or “products”). The materials and products contained in the Custom TOS Scripts website are the property of Michael Keates Programming, and are protected by applicable copyright and trademark law.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR ANY PRODUCT OFFERED BY THE WEBSITE. THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THIS WEBSITE AND ANY PRODUCT OFFERED BY THIS WEBSITE.

Terms

 

By accessing the Custom TOS Scripts website at www.customtos.com (hereafter referred to as the “website”), you agree to be bound by these terms & conditions, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this website.

Use License

 

The products are the property of Michael Keates Programming. Upon purchase of any product on this website, the purchaser will be granted permission to download one copy of the product for personal use only. This is a grant of a license, not a transfer of title, and under this license the purchaser shall not:​

  • modify or copy the product;

  • use the product for any commercial purpose, or for any public display (commercial or non-commercial);

  • attempt to decompile or reverse engineer the product;

  • remove any copyright or other proprietary notations from the product; or

  • transfer the product to another person.

This license shall automatically terminate if the purchaser violates any of these restrictions and may be terminated by us at any time. Upon termination of this license, the purchaser must destroy any materials that were downloaded from this website, whether in electronic or printed format.

Non-Disclosure Agreement

 

By purchasing products from this website, you agree to the following:

  • You shall not disclose, distribute, transmit, license, transfer or sell, to any third party, in whole or in part, by any means whatsoever, any products, information, or materials obtained or accessed through use of this website or through communications with us, without the express prior written consent of Michael Keates Programming. You shall not alter, modify, decompile, disassemble, reverse engineer, translate or create derivative works from the information contained in the products, the website, or any communications with us.

  • You shall utilize the same degree of care to preserve and protect our materials from disclosure, and otherwise limit access, as you use to protect your own proprietary information. Degree of care will not be less than reasonable care.

  • The products and content of the website shall be and remain the property of Michael Keates Programming. No warranty is made regarding the accuracy of the product’s or the website’s contents.

  • A breach of any of the terms of this agreement will result in irreparable and continuing harm for which there may be no adequate remedy at law, and we shall be entitled to seek injunctive relief, and such other relief, including monetary damages, as appropriate, against the purchaser and/or any other person or entity liable for the unauthorized or wrongful use or disclosure of the product’s or the website’s contents.

Disclaimers

Your use of this website indicates your acceptance of the following disclaimers.

 

1.     Disclaimer of Warranties

 

You agree that you are making use of the products and the website at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we disclaim and negate all express or implied warranties, including, but not limited to, conditions of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant or make any representation concerning the accuracy, likely results, or reliability of the use of the products or the materials on the website or otherwise relating to such products and materials.

2.     Risk Disclaimer

 

All forms of trading carry a high level of risk. Familiarize yourself with the risks involved, and if necessary, seek independent advice.

 

Trading financial instruments of any kind, including options, futures, foreign exchange, and securities, carries high levels of risk. Carefully consider your objectives, risk appetite, level of education and experience before investing or trading in these markets. Do not invest money you cannot afford to lose.

The products and the information contained in this website and communications with us are for informational and educational use only, are not an investment recommendation or advice, and should not be relied upon in making the decision to buy or sell a security or pursue a particular investment strategy.

 

There is no guarantee that you will earn any money using the information, techniques, ideas, or products contained in this website. Examples on this website are not a promise or guarantee of success, and are selected for illustrative purposes only. These examples may not represent typical results. Past performance is not necessarily indicative of future results.

Results and examples used on the website are based on hypothetical (simulated) trades. Hypothetical performance results have certain limitations. Unlike an actual performance record, hypothetical results do not represent actual trading. Also, 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. Hypothetical trading programs generally 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 results similar to those shown.

 

Trade at your own risk. We are not responsible for your trading or investing results. You are solely responsible for your own investment research, investment decisions, and trading execution. We shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of the website. Prior to trading, you should consult with a qualified professional securities or financial advisor.

We are not certified financial advisors, and nothing on this website is an advertisement or recommendation to buy or sell any financial instrument, and neither are any of the products or contents of this website intended to instruct you on how to make trading or investing decisions.

 

All information contained in this website, any communications with us, and any products purchased from us are not intended to provide financial advice. Any statement about profits or income, expressed or implied, does not represent a guarantee. This website is neither a solicitation nor recommendation nor an offer to buy or sell options, futures, securities or any other financial instrument.

3.     Other Disclaimers

 

The products sold on this website only work with thinkorswim. In order to use our products with thinkorswim, you must have a funded TD Ameritrade account.

 

We are not affiliated with thinkorswim or TD Ameritrade in any way. None of the products on this website are endorsed by thinkorswim or TD Ameritrade.

This website may contain links to third-party websites. These third-party sites have separate and independent Terms & Conditions. We have no responsibility or liability for the content and activities of these linked sites.

 

Testimonials appearing on the website are individual experiences, and are not necessarily representative of all of those who will use our products and/or services. We do not claim that they are typical experiences that consumers will generally have.

Limitation of Liability

 

Michael Keates Programming makes no representations about the accuracy, reliability, completeness, or timeliness of the materials and/or product offerings on this website. You use this website and its materials at your own risk. Changes or modifications to this website and its product offerings may be made at any time and without notice.

 

To the extent permitted by applicable law, we are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

  • your use or inability to use the products or the materials on the website;

  • delays or disruptions in the products, the website, or our services;

  • viruses or other malicious software obtained by accessing or linking to the products or the website;

  • glitches, bugs, errors, or inaccuracies of any kind in the products or the website; or

  • damage to your hardware device from the use of the products or the website,

even if we have been notified orally or in writing of the possibility of such damage.

In addition, you agree to hold us harmless for any losses of capital, if any, that may result from the use of the products or other information received from us.

 

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount paid to us, or (b) $100.

Accuracy of Materials

 

The materials appearing on the website could include technical, typographical, or photographic errors. We do not warrant that any of the materials on the website are accurate, complete, or current. We may make changes to the materials contained in the website at any time without notice. However, we do not make any commitment to update the materials.

Product Returns and Refunds

 

We do not offer any returns, refunds, exchanges, or cancellations. In the case that a product sold on this website is significantly different than as described, and the customer gives a written notice of such to us, we will make a reasonable effort to correct the problem. If we are unable to correct the problem, we will offer either an exchange, partial refund, or full refund, at our sole discretion. This will be the customer’s sole remedy against us. In all other cases, all sales are final.

Legal Disputes

 

You agree that any claim or dispute that has arisen or may arise between you and Michael Keates Programming must be resolved exclusively by a state court located in New Jersey. You and Michael Keates Programming agree to submit to the personal jurisdiction of the courts located within New Jersey for the purpose of litigating all such claims or disputes.

Modifications

 

These terms & conditions may be revised at any time without notice. It is your responsibility to check this page periodically for changes to these Terms & Conditions. Your continued use of this website after we post any modifications to the Terms & Conditions on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms & Conditions.

 

If any part of this agreement is found invalid or unenforceable, that part will be amended to achieve as nearly as possible the same economic effect as the original provision, and the remainder of this agreement will remain in full force.