Terms and Conditions for Membership


As a user/member of JohnsEmini.com, you agree to the following:

Your purchase of any Johns Emini products serves as your acknowledgement and representation that you have read and understand these TERMS OF USE and that you agree to be bound by such TERMS OF USE (“Agreement”).

You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. Johns Emini reserves the right, upon notice to you, to change or terminate this Agreement. You agree that your use of The Johns Emini after notice of change to this Agreement, or if you do not close your work with Johns Emini within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.

As an independent and self-directed investor, you acknowledge that you, alone, shall be responsible for determining the suitability of your investment choices and investment strategies. Johns Emini Staff shall assume no responsibility for investment choices or determinations. You shall not hold Johns Emini or any of its employees or affiliates or the Staff liable for investment decisions. The Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that Johns Emini does not give legal or tax advice. The Johns Emini and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of The Johns Emini. Additionally, you agree that no fiduciary relationship is formed and no fiduciary duty is owed to either party of this Agreement, by virtue of your purchase. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this agreement and be bound thereby.

Johns Emini is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this Site.

All materials on www.johnsemini.com, including but not limited to audio, images, software, text, and video clips, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on www.johnsemini.com, limiting the use of the materials. Any unauthorized use of the materials on www.johnsemini.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

Johns Emini reserves the right to refuse any Purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your Purchase. Johns Emini further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the Johns Emini Web site.

The Johns Emini site makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site’s content or its compliance with such local laws. You understand that the The Johns Emini site is the only means of accessing the Johns Emini System and Software. You agree that Johns Emini shall not be liable for any losses or damages you incur as a result of the unavailability of The Johns Emini Web site from foreign countries.

This Agreement will be effective only upon our approval of your purchase. Johns Emini reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any Johns Emini Purchase. Johns Emini further reserves the right to reject a Johns Emini purchase for any reason.

As a Johns Emini purchaser, you agree to be contacted or solicited by Johns Emini partners, coaches, and/or brokers regarding offers.

Johns Emini may terminate any or all services rendered under this Agreement at any time and for any reason. You agree to reimburse Johns Emini for any collection costs relating to any unsecured debit balance in your purchase, including attorney’s fees, court costs, arbitration expenses, and interest.

In cases of fraud or theft by you, acting alone or in concert with others, including situations in which you have allowed third parties to use your purchase of the Johns Emini system in any such manner, Johns Emini shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $500 fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate Johns Emini for the time and effort of Johns Emini employees in rectifying said conduct.

You agree that your use of the Johns Emini System will be licensed to a single (1) live trading account.

You agree that Johns Emini will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorized access or operator errors.

You agree that Johns Emini will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for other reasons.

Additionally, you understand that the Johns Emini Web site is the primary means of processing your Johns Emini purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, The Johns Emini would not be liable for any losses or damages you might suffer as a result of such delays.

By purchasing The Johns Emini and agreeing to these TERMS OF USE, you agree to receive all communications from The Johns Emini via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, Purchase statements, financial statements, notices of modifications to The Johns Emini TERMS OF USE, and other basic communications. Communications sent to your e-mail address or provided through the web site must be retrieved and read promptly. All communications sent by The Johns Emini by any means will be deemed to have been received by you. You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise Johns Emini promptly of any errors or omissions in any transaction or in the handling of your Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.

REFUND POLICY
The Buyer understands that the services and products offered are non-refundable. I also understand that I must cancel the service in order to avoid future charges.

Johns Emini reserves the right to record telephone calls to monitor the quality of service you receive or for other purposes Johns Emini deems appropriate for its protection or for the protection of its customers.

Disclaimers: The following disclosure and disclaimers apply to this site and to all information, materials and products provided by “johnsemini.com”. Commodity trading carries a high degree of risk. People can and do lose money. Past performance does not guarantee future results.

DISCLAIMER: THE PERFORMANCE EXPERIENCED BY THE USER COMMENTS AND TESTIMONIALS ON THIS PAGE AND/OR OUR WEBSITE IS NOT WHAT YOU SHOULD EXPECT TO EXPERIENCE. COMPANY HAS NOT INVESTIGATED OR SUBSTANTIATED ANY OF THE USER COMMENTS OR CLAIMS. SOME OF THE USERS MAY, IN SOME CASES, BEEN INCENTIVIZED TO SUBMIT THEIR COMMENTS, AND COMPANY HAS NOT VERIFIED THE FIGURES QUOTED IN THEM…

THE RISKS OF TRADING THE FUTURES AND OPTIONS MARKETS – The risk of loss in trading commodity futures contracts can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position in the commodity futures market. Hypothetical or simulated performance results have certain limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since trades may or may not have been actually executed, the results may have under or over-compensated for the impact, if any of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation can, will or is being made that any account will, or is likely to, achieve profits or losses similar to those shown in any hypothetical performance record. Please learn more from the Commodity Futures Trading Commission (CFTC) or the National Futures Association.

http://www.cftc.gov/cftc/cftcbeforetrade.htm

The information presented in this site is for general information purposes only. Nothing presented on this web site or in any materials or products generated by “JohnsEmini.com” should be construed as a recommendation to buy or sell any security or to participate in any particular trading strategy. Trading in Commodity Futures is very risky. There is a possibility of substantial financial loss, greater even than monies initially invested. The simulated, hypothetical performance results presented herein have certain inherent limitations, due to the fact that the trades have not actually been executed. Simulated trading results, in general, may be influenced by the fact that the algorithms which generated them were designed in consideration of historical trends, and with the benefit of hindsight. Past real or hypothetical performance of the systems provided by “johnsemini.com” is not a guarantee of future results, real or hypothetical. No representation is made that any trading account would, or would be likely to achieve profits or losses similar to the real or hypothetical results described herein. “johnsemini.com” including but not limited to all agents and affiliates of johnsemini.com, participating in the distribution of information contained in, and operation of, the web site known as “http://www.JohnsEmini.com” are held harmless and are without liability regarding any use whatsoever of the information presented on this web site or in the related leased or purchased materials. Trading may not be suitable for all viewers of this site or potential users of Johns Emini indicators or systems. You, and not johnsemini.com, assume the entire cost and risks of any trading you choose to undertake. Under no circumstances shall johnsemini.com be liable for any special or consequential damages that result from the use of or the inability to use, the materials provided by johnsemini.com. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall JohnsEmini.com’s total liability to you or your assigns for all damages, losses and causes of action, whether contract or tort, (including, but not limited to negligence), exceed the amount paid by you, if any, for use of materials provided by JohnsEmini.com. The information, data, and methodologies contained in this site and available for purchase or lease (the Information) is not intended to be published or made available to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. Accordingly, if it is prohibited to make such information available in your jurisdiction or to you (by reason of your nationality, residence or otherwise) it is not directed at you. Before reviewing the pages of our site or making a purchase, you must be satisfied that doing so will not result in such a contravention and is not so prohibited, and by proceeding to review them you will be confirming that this is not the case. JohnsEmini.com has taken all reasonable care and precaution to ensure that the Information is fair and accurate, or has been compiled from sources believed to be reliable. Nevertheless, johnsemini.com does not make any representations or warranty, express or implied, as to the accuracy, completeness, or fitness for any purpose or use of the Information. The Information may not in all cases be current, and it is subject to continuous change. Accordingly, you should not rely on any of the Information as authoritative or a substitute for the exercise of your own skill and judgment in making any investment or other decision. JohnsEmini.com does not warrant that the Information is error free, and shall not be liable for any direct, indirect, or consequential loss arising from any use of or reliance on this Information. JohnsEmini.com IS NOT A REGISTERED BROKER-DEALER OR FINANCIAL ADVISOR, NEITHER DOES JohnsEmini.com PROVIDE PERSONAL INVESTMENT ADVICE.

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 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 web site. 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 LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED 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. SIMULATED 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 PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

I, as a Johns Emini Purchaser, have read and understand these Terms of Use. Furthermore, my continued use of The Johns Emini shall constitute my consent to these Terms of Use.

Should you have questions please email: info@johnsemini.com