Terms and Conditions


1) Acknowledgements and Representations.

    *Risk & Liability Disclaimer / Terms and Conditions of Use U.S. Government Required Disclaimer Risk Disclosure/ Liability Disclaimer / Terms: Commodity Futures Trading Commission Futures, Options trading, and Forex 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, forex and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures, stocks, options, forex currencies. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. Due to the inherent risks of internet data transfer, data feed interruptions, rejected orders, etc., Black Diamond Trader cannot be held responsible for any order not properly processed. Trading these systems from a home computer must therefore be monitored at all times to ensure proper execution and it is understood to be totally dependent on the user’s oversight of these automated trading systems. To ensure that this risk is acceptable to the user, a document stating same must be signed and returned, absolving Black Diamond Trader from any liability from trade aberrations. RISK DISCLOSURE STATEMENT (CFTC Reg. Sec. 1.55) The risk of loss in trading commodity futures, securities and forex can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points: (1) You may sustain a total loss of the funds that you deposit with your broker to establish or maintain a position in the commodity futures, forex, and stock market, and you may incur losses beyond these amounts. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required by your broker, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account. (2) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”). (3) Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions on the exchange where the order is placed may make it impossible to execute such orders. (4) All trading positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position. (5) The high degree of leverage (gearing) that is often obtainable in trading because of the small margin requirements can work against you as well as for you. Leverage (gearing) can lead to large losses as well as gains. (6) You should consult your broker concerning the nature of the protections available to safeguard funds or property deposited for your account. ALL OF THE POINTS NOTED ABOVE APPLY TO ALL MARKET TRADING WHETHER FOREIGN OR DOMESTIC. IN ADDITION, IF YOU ARE CONTEMPLATING TRADING FOREIGN FUTURES, FOREX, STOCK, OR OPTIONS CONTRACTS, YOU SHOULD BE AWARE OF THE FOLLOWING ADDITIONAL RISKS: (7) Foreign futures transactions involve executing and clearing trades on a foreign exchange. This is the case even if the foreign exchange is formally “linked” to a domestic exchange, whereby a trade executed on one exchange liquidates or establishes a position on the other exchange. No domestic organization regulates the activities of a foreign exchange, including the execution, delivery, and clearing of transactions on such an exchange, and no domestic regulator has the power to compel enforcement of the rules of the foreign exchange or the laws of the foreign country. Moreover, such laws or regulations will vary depending on the foreign country in which the transaction occurs. For these reasons, customers who trade on foreign exchanges may not be afforded certain of the protections which apply to domestic transactions, including the right to use domestic alternative dispute resolution procedures. In particular, funds received from customers to margin foreign futures transactions may not be provided the same protections as funds received to margin futures transactions on domestic exchanges. Before you trade, you should familiarize yourself with the foreign rules which will apply to your particular transaction. (8) Finally, you should be aware that the price of any foreign futures or option contract and, therefore, the potential profit and loss resulting therefrom, may be affected by any fluctuation in the foreign exchange rate between the time the order is placed and the foreign futures contract is liquidated or the foreign option contract is liquidated or exercised. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY MARKETS CFTC REG SEC. 4.41 HYPOTHETICAL PERFORMANCE RESULTS DISCLOSURE THESE RESULTS ARE BASED ON SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS THAT 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 PROFITS OR LOSSES SIMILAR TO THESE BEING SHOWN. These programs are provided by "Black Diamond Trader". Please be advised that Black Diamond Trader, it's owners and/or operators are not a registered broker, financial advisor, nor is registered in any way with any government regulator agency. Black Diamond Trader makes this information, its products and services available through this website under the First Amendment of the Unites States Constitution. Black Diamond Trader has makes great effort to list all information to be very accurate. All data included in this website is considered HYPOTHETICAL. Futures, Forex, and Options on Futures trading involves substantial risk and is not suitable for all investors. Black Diamond Trader products and services are not suitable for everyone. Trading should only be done with true risk capital. Past performance is not necessarily indicative of future results. Upon subscribing to or purchasing a system from Black Diamond Trader and/or any website linked to or affiliated with Black Diamond Trader you agree to not hold Black Diamond Trader it's and its owners and/or operators liable for loss of any kind, including but not limited to, financial loss. Additionally you understand that you are subscribing and/or purchasing under a no-refund policy. ALL fees (including monthly and yearly) are non-refundable regardless of program performance. ALL SALES ARE FINAL. Black Diamond Trader and it's owners and/or operators do not offer advice but rather the automated trading systems therefore it may be prudent to discuss your trading with a broker carrying your account. You agree to indemnify, defend and hold harmless Black Diamond Trader, its officers, directors, employees, agents, licensors, suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) or loss of any kind, by you or any other person accessing the Service. "Fully automated trading of a strategy - automated trading that requires no confirmation of the decision to place the trade before it is placed - is a tool that should be used only by sophisticated, experienced traders who are very comfortable with computerized electronic trading. This feature is NOT designed to enable you to trade without paying close attention to your transactions on-screen as they occur, as situations may arise that require your prompt intervention. For example, in the case of short selling, your order may be rejected because of market short sale rules. You certainly would want to be aware of this when it happened and react as you deem appropriate. For another example, the buying power of your brokerage account may be insufficient to execute a trade that your strategy has triggered. You would want to be aware of this when it happened, so that you have the opportunity to modify your strategy to a lower share volume, provide additional funds to your account, or take other actions you deem appropriate. Here is another example which illustrates a very important aspect of fully automating a strategy: IF YOUR STRATEGY REQUIRES PLACEMENT OF A LIMIT ORDER, AND A TRADE AT THAT PRICE OCCURS IN THE MARKET AT OR ABOUT THAT TIME, YOUR STRATEGY WILL ASSUME YOUR ORDER WAS FILLED, EVEN IF IT WAS NOT, AND PROCEED TO TRIGGER BUY OR SELL ALERTS ON THE PREMISE THAT THE ORDER WAS FILLED. If this occurred, you would likely want to have the opportunity to intervene as soon as possible to implement whatever trading decisions you deemed appropriate to address that situation. Conversely, there may be occasions when your strategy’s order is filled before a superseding strategy order is placed (i.e., market movement causes your strategy to place an order to take the place of the one the strategy triggered a few moments before, not yet realizing that the first order has already been filled). Again, in a situation such as this, you likely want to be able to make a decision at that time about how to proceed with your trading decisions. Finally, data errors ("bad ticks") and other factors may cause unwanted orders or executions. These five examples are not intended to be exhaustive. There are likely several scenarios that could arise which may require prompt intervention and decision-making. IT IS YOUR RESPONSIBILITY TO MONITOR THE TRADING ACTIVITY IN YOUR ACCOUNT AT ALL TIMES. The sole purpose of fully-automated trading is to increase the speed of the execution of your trading strategies. TradeStation strongly recommends that you do not use the fully automated trading system until you have used, for an extended period, and are comfortable with, the automated trading system that requires you to click the confirmatory button in the New Strategy Order window before placing your trade. In particular, you should verify in advance, for each trading strategy you use, that the buy and sell alerts of the strategy are being generated based upon the rules and conditions you intended and that the strategy is, in general, operating as you intended it to operate. You should ensure that you are very comfortable about this before you remove the requirement that you confirm your trade placement before it is made." You agree to indemnify, defend and hold harmless Black Diamond Trader, its officers, directors, employees, agents, licensors, suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) or loss of any kind, by you or any other person using the purchased program. Confidentiality This agreement covers proprietary information belonging to Black Diamond Trader (“Black Diamond Trader”) that is made available or disclosed to the party signing this agreement (the "Recipient"). This information (referred to as the "Confidential Information") includes, but is not limited to, software products (“Software Products”), trading recommendations generated by the software, software source code (“Software Source Code”), documentation, and correspondences, all rights to which are owned or controlled by Black Diamond Trader, that have not otherwise been made publicly available by Black Diamond Trader. Confidential Information, however, does not include: (a) information generally available to the public; (b) widely used programming practices or algorithms, (c) information rightfully in the possession of the Recipient prior to signing this agreement. The Recipient agrees to hold the Confidential Information in strict confidence and shall not disclose such information to any third party without the prior written permission of Black Diamond Trader The Recipient also agrees to employ all steps necessary to protect the Confidential Information from unauthorized disclosure or use, including without limitation, all steps the Recipient uses to protect information they consider proprietary or a trade secret. The Recipient shall refrain from directly or indirectly acquiring any interest in, or designing, creating, manufacturing, selling or otherwise dealing with any item or product containing the Confidential Information received by Recipient under this agreement. The Recipient acknowledges and agrees that any Software Source Code and Software Products received under this agreement, and any Software Products derived or compiled from the Software Source Code, are subject to the following limitations: 1.) Recipient may use the Software Products only on the TradeStatiom platform. Use on all other operating systems is expressly forbidden by this agreement. 2.) Recipient may not grant rights to use the Software Source Code or Software Products to any other individual or entity. Usage of these is limited to the Recipient signing below. 3.) Recipient is subject to all terms and limitations set forth in all separate software licenses provided by Black Diamond Trader to Recipient with the Software Source Code. This agreement shall be governed by and construed in accordance with the laws of the United States, and state of Wyoming. Black Diamond Trader provides the Confidential Information on an AS IS basis and is not responsible for any loss or damages arising from the use of the Confidential Information made available under this agreement. Neither party of this Agreement may assign this Agreement or any rights or obligations under it, without prior written consent by both parties, and any attempt to do so is void; neither grants the other any licenses under any patents or copyrights. Termination. This Agreement may be terminated by either party without notice at any time for any reason. This Agreement shall survive any termination of this Agreement and be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Black Diamond Trader, it's owners and/or operators and you for any purpose concerning this Agreement or the parties obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Wyoming in The United States of America, unless otherwise decided by Black Diamond Trader, it's owners and/or operators. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Black Diamond Trader, it's owners and/or operators failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Black Diamond Trader, it's owners and/or operators may assign its rights and duties under this Agreement to any party at any time without notice to you.

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All communications on this website are for informational purposes only and shall not constitute an offer to sell or the solicitation of an offer to buy securities, currencies including spot, futures and/or options or any other financial instrument.

Any issue or recommendation contained herein may not be suitable for all investors. Moreover, any issue offered herein is not guaranteed or endorsed by Black Diamond Trading, LLC, not FDIC insured and may lose value.

IMPORTANT NOTICE: Any testimonials presented here provide the perspective of individuals who are successful and/or enthusiastic about their experience(s). Testimonials are not representative of everyone's experience and provide information about the provider's experience(s) only as to that point in time in which they are provided. Although all testimonials are authentic and accurately represent the overall content of the testimonial, statements made in the testimonials have not been verified.

Risk Disclosure

Unique experiences and past performances do not guarantee future results! Testimonials herein are unsolicited and received no compensation; certain accounts may have worse performance than that indicated. Trading stocks, futures, options and spot currencies involves substantial risk and there is always the potential for loss. Your trading results may vary. Because the risk factor is high in the foreign exchange market trading, only genuine "risk" funds should be used in such trading. If you do not have the extra capital that you can afford to lose, you should not trade in the foreign exchange market. No "safe" trading system has ever been devised, and no one can guarantee profits or freedom from loss.

U.S. Government Required Disclaimer - Commodity Futures Trading Commission. Forex, 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.

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, 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 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.

Substantial risk is involved. Forex 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 Forex markets. Don't trade with money you can't afford to lose. Nothing in our course or website shall be deemed a solicitation or an offer to Buy/sell futures and/or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on our site. Also, the past performance of any trading methodology is not necessarily indicative of futures results. Trading involves high risks and you can lose a lot of money.