Last updated March 25, 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [disruptivedevelopers.com] website as well as any other script, indicator, strategy, study, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site, and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended 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 subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, you are granted a limited license to access and to download or print a copy of any portion of the content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
USER REPRESENTATIONS
By using the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity, and you agree to comply with these Terms of Use;
[(4) you are not under the age of 13];
(5) you are not a minor in the jurisdiction in which you reside[, or if a minor, you have received parental permission to use the Site];
(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose;
(8) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots (or any portion thereof).
USER REGISTRATION
You will be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products.]
We reserve the right to discontinue any products at any time for any reason.
DONATIONS
Donations are complete and final charitable gifts and are not refundable.
PROHIBITED ACTIVITIES
You may not access or use the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots for any purpose other than that for which we make them available. The Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the Site.
Use the Site for advertising or offering to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords;
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the e-mail of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots software, including but not limited to Flash, PHP, HTML, JavaScript, Pinescript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of a standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
Use the Site in a manner inconsistent with any applicable laws or regulations.
As a user of our scripts, you acknowledge that Disruptive Developers© provides access to proprietary Sites, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots based on copyrighted source codes and trading methods.
It’s strictly forbidden for our customers to share on third-party websites those signals in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of Disruptive Developers©.
With or without any commercial intent, Disruptive Developers© will cancel and remove the access of those not respecting this rule – and no refund will be issued.
And as a patent, trademark, or copyright violation, this will have legal consequences.
USER-GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality. It may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).
Contributions may be viewable by other Site users, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots and through third-party websites or message boards such as “Discord” or “Telegram”. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, or permission of each identifiable person in your Contributions to use the name or likeness of every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Site; these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.
Any use of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots to any of your social networking accounts], you automatically grant. You represent and warrant that you have the right to give to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the preceding. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion:
To edit, redact, or otherwise change any Contributions.
To re-categorize any Contributions to place them in more appropriate locations on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
To pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
(5) otherwise manage the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).
A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Pursuant to federal law, please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 USC § 512(c)(3) and include the following information:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the notification, a representative list of such works on the Site;
(3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(4) information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and, if available, an e-mail address at which the Complaining Party may be contacted;
(5) a statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(6) a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter-Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter-notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).
To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the notification or the party’s agent;
(4) your name, address, and telephone number;
(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
(6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your notification will be sent to the person who posted the material addressed in the notification.
Pursuant to federal law, please be advised that you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE, SCRIPTS, INDICATORS, STRATEGIES, STUDIES, AUTOMATED CODES, OR BOTS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE, SCRIPTS, INDICATORS, STRATEGIES, STUDIES, AUTOMATED CODES, OR BOTS OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, AT OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
As a user of our scripts, you acknowledge that Disruptive Developers© provides access to proprietary indicators based on copyrighted source codes and trading methods.
It’s strictly forbidden for our customers to share their script access and signals in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of Disruptive Developers©.
With or without any commercial intent, Disruptive Developers© will cancel and remove the access of those not respecting this rule – and no refund will be issued.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the Site’s contents, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
We cannot guarantee the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots at any time or for any reason without notice to you.
You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the United States applicable to agreements made, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Dover County, Delaware. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Services and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either party related in any way to the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots be commenced more than thirty days after the cause of action arose.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty days before initiating the arbitration. Such informal negotiations commence upon written notice from one party to the other party.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL WITHOUT THIS PROVISION.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will decide in writing but need not provide a statement of reasons unless requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dover County, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dover, Delaware, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than thirty days after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots at any time, without prior notice.
DISCLAIMER
Please notice we do not provide financial advice – our Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots are intended to provide education for anyone interested in improving their trading.
Disruptive Developers publishes products and services for developing trading indicators and strategies on demand, renting and selling proprietary indicators and strategies, training, coaching, financial transactions, exclusively intended for consumers, marketed through its website disruptivedevelopers.com.
The list and description of the goods and services offered by Disruptive Developers may be found on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
LIMITATIONS OF LIABILITY
CONDITIONS ACCEPTANCE
You acknowledge having read the terms and conditions of sale set out below and expressly accept them without reservation when placing your order.
The present general conditions of transaction govern the company’s contractual relations and the two parts accepting them without reserve.
These general transaction conditions will prevail over all other conditions contained in any other document, except prior, express, and written waiver. They are applicable internationally.
INTELLECTUAL PROPERTY
The custom indicators and strategies developed by Disruptive Developers, the object of intellectual property rights, remain the exclusive property of Disruptive Developers, excluding images and videos and texts free of rights or provided by the client or external legal or physical person.
The proprietary indicators and strategies developed by Disruptive Developers, the object of intellectual property rights, are and remain the exclusive property of Disruptive Developers, excluding images and videos and texts free of rights or provided by the client or external legal or physical person.
No assignment of intellectual property rights is carried out through these Terms and Conditions.
Any total or partial reproduction, modification, or use of these properties for any reason whatsoever is strictly prohibited without the express written authorization of the Disruptive Developers.
The titles, descriptions, and essential characteristics of the Disruptive Developer’s products and services are available on its websites.
RESPONSIBILITIES
You declare to know the principles and risks of the financial markets. Therefore, you declare that you are aware of the financial risks involved in trading.
In this sense, the directors, employees, stakeholders, and partners of the Disruptive Developers can not be held responsible for errors, omissions, inappropriate investment, technical problems, events beyond his control, and, more generally, financial losses that you may realize, or results obtained in the practice of trading resulting from the services or products it markets.
Disruptive Developers guarantees that the contents of our products and services are complete but does not guarantee your success in the markets.
The information and analysis produced by the Disruptive Developers is only a decision aid for investors. The responsibility of the Disruptive Developers can not be held directly or indirectly following the use of information and analysis by readers. Disruptive Developers is an independent research and scriptwriting or coding office. The reader is informed that Disruptive Developers has no conflict of interest that could affect the objectivity of its analysis.
Disruptive Developers can not be held liable for the financial or other consequences of the acquisition or sale of the cited indicator. This information is not a solicitation to buy or sell the product or underlying product to which it relates. Investors will be required to make their risk analysis and, if necessary, consult their legal, financial, tax, accounting, or other professional advisors beforehand.
PROOF OF CONTRACT
The recorded data validated by the e-mail or the confirmation mail that you will receive at the time of the treatment of your reservation constitute proof of all the past transactions.
RISK WARNING
Trading involves a high level of financial risk and may not be appropriate because you may experience losses greater than your deposit.
Do not trade with capital that you can not afford to lose. You must be aware and completely understand all the risks associated with the market and trading. We can not be held responsible for any loss you incur.
Trading also involves risks of gambling addiction.
CFD RISK WARNING
CFDs are complex instruments and present a high risk of rapid capital loss due to leverage. 94.74% of retail investor accounts lose money when trading CFDs. You need to make sure that you understand how CFDs work and that you can afford to take the likely risk of losing your money.
RISK may exceed the deposit
Trading involves a high level of financial risk, and losses can exceed deposits.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots; (3) breach of these Terms of Use; (4) any breach of your representations and warranties outlined in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, with whom you connected via the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding subject to this indemnification upon becoming aware of it.
USER DATA
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You agree that we shall have no liability to you for any loss or corruption of any such data. You hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, sending us e-mails, and completing online forms constitute electronic communications. You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail, and on the Site satisfy any legal requirement that such communication is in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or payments or the granting of credits by any means other than electronic means.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots.
You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Affiliation
If Disruptive Developers uses an affiliate program to market our products, it involves “Affiliates” who will share the products with their followers on social media platforms or blogs.
In return, when one of the customers uses the affiliate link (given to every affiliate) to purchase or donate for access to a product on our website, the affiliate may get free access to our products or earn a small commission on it.
Who are Affiliates & What’s in it for them?
Our affiliates are influencers; they are people with a large following on social media platforms like Facebook, Instagram, YouTube, etc.
They share and recommend products to their followers; in return, they may be granted free access to our products or get a small commission.
This helps increase the distribution of our products and reach a wider audience; it is a much more efficient and organic way of marketing than conventional ads.
When do we pay them?
Usually, thirty days after payment is confirmed.
CONTACT US
To resolve a complaint or to receive further information regarding the use of the Site, Scripts, Indicators, Strategies, Studies, Automated Codes, or Bots, please get in touch with us at:
Disruptive Developers
info@disruptivedevelopers com