Terms And Conditions Of Use Agreement/ Disclaimer / Forward Looking Earnings Statement

Thank you for reviewing our page and for your interest in purchasing our product.

BY ACCESSING OR USING THE SITE AND ANY MEMBERS AREA YOU AGREE THAT THIS IS A LEGALLY BINDING DOCUMENT AND ALSO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

THE SITE OWNERS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Trading any financial market involves risk. Please be aware then that the contents of our website are neither a solicitation nor an offer to Buy/Sell any financial market. The contents of the website, information, newsletters and emails you'll receive and any part of any member's area, are for general information and educational purposes only.

Copyright, Licenses and Trademarks.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights, trademarks and intellectual property related to the sites is Old Tree Publishing (Pty) Limited ("The Site Owner/We").

YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT THE SITE OWNERS EXPRESS WRITTEN CONSENT.
You must when purchaseing and installing any software agree to the conditions and terms of the Forex Crescendo Expert Advisor Software License Agreement
IF YOU DO NOT AGREE WITH THE LICENSE CONDITION TERMS, DO NOT INSTALL, COPY, OR USE THE SOFTWARE AND REMOVE IT FROM YOUR STORAGES.

You may print and download portions of material from the different areas of the Site solely for your own, non-commercial, use provided that you agree not to change or delete any copyright or proprietary notices from the materials.

All referenced trademarks and products on the site are the property of the site owners and must not be used or distributed with out permission of the owner.

2. Use of the Site.

You understand that the site owner cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET, THE SITE OWNER PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND THE SITE OWNER SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. THE SITE OWNER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL THE SITE OWNER OR ANY PARTY LINKED WITH OWNERSHIP TO ANY SITE RELATED TO, AND INCLUDING http://www.forexcrescendo.com AND any other related site or domain owned by the owner.
The site owner makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access any other person's web site, please understand that it is independent from the site owner and that The Internet Marketing World Cup Organization has no control over the content on that web site. In addition, a link to any of the site owner's websites does not mean that the site owner endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless Old Tree Publishing (Pty) Ltd, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the service 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) by you or any other person accessing the Site.

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.

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.

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 it's important to realize that there is a substantial risk of loss associated with trading Forex. We'll tell you more somewhere below this.
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 our 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 another persons actual or hypothetical performance results and actual results subsequently achieved by any particular trading program/system or method. 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. Please take a look at our forward looking earnings statement further below.

Although we make every attempt to assure accuracy, we do not give any express or implied warranty as to its accuracy. 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 become a member and use the website. 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 and product are not liable for any damages you suffer if and when and however you use it.

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. 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."

If you are uncertain of anything we say, feel free to email us. Our contact details are set out below.

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. You will find the link to that on our home page.

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.

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. We do not allow any postings that are illegal on our site or offensive anybody and you are not to post unlawful, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, nasty or profane material.

Forward Looking Earnings Statement:

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS AND THEIR POTENTIAL. ALTOUGH OUR INDUSTRY IS ONE OF THE FEW THAT HAS A GREAT POTENTIAL IN TERMS OF EARNINGS, THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY OR INCOME AT ALL USING THE TECHNIQUES AND IDEAS IN OR THROUGH THESE MATERIALS OR PRODUCTS.

DO NOT INTERPRETE EXAMPLES IN THESE MATERIALS AS A PROMISE OR GUARANTEE OF EARNINGS. SUCH EARNING POTENTIAL IS AT ALL TIMES ENTIRELY DEPENDENT ON THE PERSON USING ANY OF OUR PRODUCTS, IDEAS AND TECHNIQUES. OUR PRODUCTS ARE NOT TO BE CONSTRUED AS A "GET RICH SCHEME."

ANY CLAIMS MADE CAN BE VERIFIED UPON REQUEST. THIS IS IN RESPECT OF ACTUAL EARNINGS OR EXAMPLES OF ACTUAL RESULTS. YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS DEPENDS ON MANY FACTORS INCLUDING BUT NOT LIMITED TO THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCIAL SITUATION, KNOWLEDGE AND EXPERIENCE AND VARIOUS SKILLS. ALL THESE DIFFER ACCORDING TO INDIVIDUALS, AND SO WE CAN NOT, NOT DO WE , GUARANTEE YOUR SUCCESS OR INCOME LEVEL.

WE ARE NOT RESPONSIBLE FOR ANY OF YOUR ACTIONS.

IT IS POSSIBLE THAT MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. FORWARD-LOOKING STATEMENTS GIVE OUR EXPECTATIONS OR FORECASTS OF FUTURE EVENTS. THESE STATEMENTS CAN BE IDENTIFIED BY THE FACT THAT THEY DO NOT RELATE DIRECTLY OR STRICTLY TO EITHER HISTORICAL OR CURRENT FACTS. SUCH STATEMENTS MAY USE WORDS SUCH AS "ANTICIPATE,""BELIEVE," "ESTIMATE," "EXPECT," "INTEND," "PROJECT," "PLAN," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.

SHOULD SUCH STATEMENTS BE USED BY US ON THIS SITE OR ON ANY OF OUR SALES MATERIAL, THEY INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND SO PLEASE NOTE THAT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSES. IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES OR SOFTWARE IN OUR MATERIAL OR AS MAY APPEAR ANYWHERE ON OUR SITE.

At all times any and all information on, or product purchased from, this website, is for educational purposes only and is under no circumstance intended to provide financial advice. No guarantee is represented from any statements about profits or income, whether express or implied. As no trading system is guaranteed, your actual trading may result in losses. You will at all times accept the full responsibilities for all of your actions, including but not limited to trades, profit or loss.

You agree to hold forexcrescendo.com, the site legal owners, Old Tree Publishing (Pty) Ltd and any authorized distributors of this information at all times harmless in any and all ways.

By using our product(s)this constitutes your acceptance of our user agreement.

You agree by using any of our sites and accepting our terms and conditions of purchase that you, and you alone, must ensure that the use of any of the materials purchased from our site in any manner or form at all, is in compliance with your national, local, federal, state or county laws.

Please note further that:

We are not required to be NFA regulated as we are not:

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.

Accuracy of Information

The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions. Old Tree Publishing (Pty) Ltd has taken reasonable measures to ensure the accuracy of the information on the website, however, does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications or materials sent through this website.

Refund Policy:

Refunds will be granted to you, the purchaser under the following conditions ONLY:

You must contact the Vendor, us, within 60 calendar days ("the refund period") after purchase, with the following:

1. A written request (by email) for a refund AND;
2. Attached proof that you have used, for a minimum period of 20 (Twenty) trading days, the forexcrescendo EA..

Such proof must be demonstrated within 60 calendar days after purchase, to our satisfaction, as follows:

1. In the form of your Live account or Demonstration account statement of your broker, AND
2. The trades as reflected on the statement must, when examined as against the trading charts (for the same periods) and the similar trades or simulations on similar paltforms, show to our satisfaction, that the majority of trades were in fact
made using the Cresndo EA.

Should you have elected to have bought this product from us, at "the discounted price", then any refund given, shall be calculated with the following
considerations:
The "full purchase price" excluding any discount is $149,
Should you have pruchased at a discounted price, the discounted price shall be the maximum claimable for refund.
Should you purchase at the full purchase price, such price shall be the maximum claimable for refund.

At any and all times the maximum claim that may be made by you against ourselves whether in a single or class action or multiple claim action, including all costs and sundries, shall be limited to the amount of $149.00.

Now you might want to contact us. That's easy...just direct your query to:

The Manager: Crescendo

Fax +1 (134) 74383131

We'll be happy to hear from you.

This policy and the use of this site and purchase of any product 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.

Arbitration and any legal action against us including legal costs will be limited to the cost of the product.

This statement and the policies outlined on this page are not meant to create any contractual or other legal rights on behalf of a visitor to the site.