TERMS AND CONDITIONS OF USE
Thank you for visiting our website. This page is packed with a lot of information and it may take you more than one deep breath to read it in its entirety. In today's world it's important to take several deep breaths to envelop all points of Agreement, such as this, that were at one time referred to as 'common sense'. Oh, and don't forget that eating lead based paint chips can be harmful and never mictate on an electric fence - ouch! If you wish to use Emini Futures, you must agree to conform to and be legally bound by the terms and conditions of use described below.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT USE OUR WEBSITE.
You may be referred to as Subscriber or Licensee. The terms 'You' or 'Licensee' or 'Subscriber' includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.
We may be referred to as Publisher or Licensor. The terms 'Emini Futures', 'Sagebrush Holdings, Inc.', 'Us,' 'We,' 'Publisher' or 'Licensor' includes and our owners, employees, subsidiaries, independent contractors, agents, attorneys, and assigns.
RISK DISCLAIMER IS PART OF THESE TERMS AND CONDITIONS OF USE
Our risk disclaimer is part of, and subject to, these terms and conditions of use. You may view our risk disclaimer Here.
MEMBERSHIP AND SUBSCRIPTION TERMS ARE EQUAL IN DEFINITION AND REFER TO YOUR PAID ACCESS TO OUR SIGNAL GENERATION SERVICES AND YOUR RECEIPT OF TRADING SOFTWARE (LEASE).
For EDUCATIONAL AND INFORMATIONAL PURPOSES Emini Futures publishes online signal services for E-mini futures markets. These services are delivered through omNovia software webcast. We have no direct affiliation with either service provider and Emini Futures pays a service fee to use omNovia software. We cannot guarantee the accuracy and uninterupted delivery of these signals, also known as trading alerts or set-ups, but we strive to avoid problems that sometimes occur as we all deal with technology glitches from time to time. Emini Futures may offer members an opportunity to lease or license software. This software is NOT FOR SALE and remains the property of Sagebrush Holdings, Inc. d.b.a. Emini Futures. The distribution of software is not a solicitation to buy or sell securities nor is it to be construed as trading advice or a recommendation to trade contracts. Our purpose for leasing software to members, for a fee, is to help them track our mechanical trading systems. We do not recommend that members actually trade the systems tracked by the software. Instead this software should be used as a learning and informational tool. We will not be held responsible for damages caused by any files that you download from our website. We take steps to help ensure that no harm will come to you by downloading our software. However you must acknowledge that we do NOT warrant this software and cannot guarantee that you will be problem free. .
Free-trials of our signal services are available, please limit one free-trial registration per household. Free-trials provide unrestricted access to our services and provide an insight in to what our paying members receive. No offer to buy or sell securities or recommendations or advice will be provided. Sagebrush Holdings, Inc., and its principle shareholders or employees are not licensend financial advisors or broker dealers and will never provide recommendations or trading advice. All information provided is for informational purposes only. Market commentary is our opinion of the markets and is not meant to be viewed as advice or a recommendation. Our views on the market may not match your views and opinions and you should conduct your own research and consult your financial advisor before ever making a decicison to trade contracts.
Monthly Memberships renew every 30 days. Quarterly Memberships renew every 90 days. Semi-Annual Memberships renew every 180 days. Annual Memberships renew every 365 days. ALL PAID MEMBERSHIPS AND SUBSCRIPTIONS AND SOFTWARE LEASES AUTOMATICALLY RENEW BASED ON THESE FIXED TERMS. You should expect your credit card to be charged accordingly.
NO REFUNDS are offered for any reason. You may cancel your membership at anytime. But you will not receive a prorated refund of the remaining balance of time. By submitting your credit card or personal check or by making payment through an online third party system you agree to these terms.
You are solely responsible for contacting Emini Futures to cancel your membership.
Your Membership remains active until you request cancellation, and the order has been processed.
You will receive a confirmation via email that your membership has been canceled. If you do not receive a receipt, do NOT assume that your membership has been canceled and be sure to request another one.
You may also cancel your membership by contacting Emini Futures by phone, 1-360-234-9474. If you cancel by phone, leave your FULL NAME and your EMAIL ADDRESS.
If you do not hear back from Emini Futures within 48 hours of submitting your cancellation order, we have NOT RECEIVED your request and you will need to resubmit. Your request must be received at least three business days prior to the expiration of your current paid membership. Therefore, if you submit your request to cancel your membership on the same day that your membership is scheduled to renew you will be charged for the next billing period, regardless. We understand that your individual circumstances may change so please keep track of your billing cycle.
Your credit card will be charged by Sagebrush Holdings, Inc. which owns Emini Futures.
There are NO REFUNDS available for any portion of your membership. By submitting your credit card or payment via check, or through an online third party system, you agree to these terms. It is your responsibility to contact Emini Futures to cancel your membership. Your membership remains active until you request cancellation and that cancellation is confirmed via your e-mail receipt.
Prices vary based on Membership level and billing length. For a complete review of prices and benefits please visit http://www.eminifutures.com/Emini-Futures-Strategies-Pricing.htm or send us an email by visiting http://www.eminifutures.com/contact.htm
Each membership is for private use only and your sharing of our private intellectual property is strictly prohibited.
We do not provide services or sell products to children. If you are below the age of 18, you may use our website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us with any personal information.
Our anti-Spam policy is part of, and subject to, these terms and conditions of use. We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community. We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.
If you subscribe to any of the Emini Futures services or other communications from us or our website, you will always have an option to unsubscribe immediately. If you have additional questions, comments or concerns, please contact us by sending an e-mail to info[at]oexstreet.com and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Sagebrush Holdings, Inc.
228 Buckingham Dr.
Denton, Texas 76209
EXTERNAL LINKS POLICY
Our website contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits. Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites. We permit links to our website if they do not imply an endorsement by, or affiliation with, our website. We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to firstname.lastname@example.org.
You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.
All content on our website is owned by Sagebrush Holdings, Inc. On behalf of ourselves, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.
You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to email@example.com. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to firstname.lastname@example.org or to us at the address listed above. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
You understand and agree that there are important risk factors that should be considered by you when deciding whether to purchase or subscribe to Signal Service(s) or Mechanical Trading System(s) or to Lease Software. There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
NO EARNINGS PROJECTIONS, PROMISES OR REPRESENTATIONS
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase or subscription of Signal Service(s) or Mechanical Trading System(s) or by Leasing Software, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. There is no guarantee that you will make these levels for yourself. If we know typical buyer results they are listed. Otherwise, we do not know typical buyer results and you should take that into consideration. As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.
There is no assurance that any prior successes or past results as to earnings or income will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings are not to be considered as "average earnings".
The economy, both where you do business, and on a national and even worldwide scale, create additional uncertainty and economic risk. An economic recession or depression might negatively affect the results produced by Signal Service(s) or Mechanical Trading System(s) or by Leasing Software.
YOUR SUCCESS OR LACK OF IT
Your success in using the information or strategies provided at oexstreet.com depends on a variety of factors. We have no way of knowing how well you will do, as we do not know you, your background, your work ethic, your dedication, your motivation, your desire, or your business skills or practices. Therefore, we do not guarantee or imply that you will get rich, that you will do as well, or that you will have any earnings at all.
Internet businesses and earnings derived there from, involve unknown risks and are not suitable for everyone. You may not rely on any information presented on the website or otherwise provided by us, unless you do so with the knowledge and understanding that you can experience significant losses (including, but not limited to, the loss of any monies paid to purchase Signal Service(s) or Mechanical Trading System(s) or to Lease Software, and/or any monies spent setting up and/or operating from Signal Service(s) or Mechanical Trading System(s) or from Leasing Software), and further, that you may have no earnings at all.
MATERIALS CONTAINED ON THIS WEBSITE OR IN MATERIALS PURCHASED AND/OR DOWNLOADED FROM THIS 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. YOU CAN IDENTIFY THESE STATEMENTS BY THE FACT THAT THEY DO NOT RELATE STRICTLY TO HISTORICAL OR CURRENT FACTS. THEY USE WORDS SUCH AS "ANTICIPATE," "ESTIMATE," "EXPECT," "PROJECT," "INTEND," "PLAN," "BELIEVE," AND OTHER WORDS AND TERMS OF SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS OR FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY MATERIALS ON THE WEBSITE ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYBODY ELSE, IN FACT NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR IDEAS AND TECHNIQUES IN OUR MATERIAL.
You are advised to do your own due diligence when it comes to making business decisions and should use caution and seek the advice of qualified professionals. You should check with your accountant, lawyer, or professional advisor, before acting on this or any information. You may not consider any examples, documents, or other content on the website or otherwise provided by us to be the equivalent of legal or financial advice. Nothing contained on the website or in materials available for sale or download on the website provides legal or financial advice in any way. You should consult with your own attorney or financial advisor on any questions you may have.
We assume no responsibility for any losses or damages resulting from your use of any link, information, or opportunity contained within the website or within any information disclosed by the owner of this site in any form whatsoever.
Although we believe the price is fair for the value that you receive, you understand and agree that the purchase price for Signal Service(s) or Mechanical Trading System(s) or to Lease Our Software has been arbitrarily set by us. This price bears no relationship to objective standards.
TESTIMONIALS, CASE STUDIES & EXAMPLES
If testimonials, case studies, and examples are use on eminifutures.com are exceptional results, do not reflect the typical purchaser's experience, don't apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results.
Where specific income or earnings figures are used and attributed to a specific individual, that individual has earned that amount. There is no assurance that you will do as well using the same information or strategies. If you rely on the specific income or earnings figures used, you must accept all the risk of not doing as well. The described experiences are atypical. Your financial results are likely to differ from those described in the testimonials.
If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate earnings history.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
ALL CONTENT AND INFORMATION on our website is provided on an ''as is,'' ''as available'' basis. You agree that your use of Emini Futures is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.
Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.
If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site at Emini Futures.
Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.
Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
There are unknown risks in any business, particularly with the Internet where advances and changes can happen quickly. The use of our information, products and services should be based on your own due diligence and you agree that we are not liable for your success or failure.
There is no promise or representation that you will make a certain amount of money, or any money, or not lose money, as a result of using our products and services.
Any earnings, revenue, or income statements are strictly estimates. There is no guarantee that you will make these levels for yourself.
As with any business, your results will vary and will be based on your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond our control, including variables we or you have not anticipated. There are no guarantees concerning the level of success you may experience. Each person's results will vary.
You will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part of it, or share your rights under this Agreement, to others. You will not give others access to your username and password. You will not violate any laws, third party rights, or this Agreement. This includes, but is not limited to, not posting any material or content that is defamatory or harassing. You will not provide false or misleading information to us.
CONSENT TO USE INFORMATION
When you communicate with us, send us information, or provide content to us or our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright and publicity rights you have in the content, in any manner whatsoever, in any media now known or which may be created in the future, including in other works and forms not associated with this website.
NO WAIVER OF RIGHTS
Our failure to enforce any rights granted in this Agreement or to take action against any other party in the event of any breach shall not be deemed a waiver by us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
You understand and agree that you will indemnify, defend and hold us harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION
You agree to obey all applicable laws while using our website.
You accept that this Agreement in all respects shall be governed by and construed according to the laws of the State of Texas, to the exclusion of any other applicable body of governing law, without regard to conflicts of laws provisions.
This Agreement is entered into in Denton County,Texas. You consent to the exclusive jurisdiction of Texas, for any dispute arising from or related to this Agreement.
You agree that the exclusive venue for any dispute arising from or related to this Agreement will be a court located in Denton County, Texas.
You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association Commercial Arbitration Rules, which can be found at http://www.adr.org. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Denton County, Texas, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
You represent and agree that you are purchasing our services or products for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a 'consumer' and will not invoke arbitration rules applicable to consumers.
You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction and in the courts of the State of Texas.
If we prevail in any claim then you agree to pay our attorney's fees.
SEVERABILITY OF THESE TERMS AND CONDITIONS
If any part of these terms and conditions of use are determined by an Denton County, Texas, court of jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
HOW TO CONTACT US
Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to email@example.com, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
Sagebrush Holdings, Inc.
624 W. University Dr. #112
Denton, Texas 76201
MODIFICATIONS AND TERMINATIONS
These terms and conditions may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our home page or other website location we deem appropriate of the changes that have been made. If you disagree with the changes that have been made, you should not use our website.
We may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to firstname.lastname@example.org, and providing us with information relating to your concern.
This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only by amending this Agreement as posted on this website, unless otherwise agreed to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the website, unless circumstances require that a change be immediately implemented. As a condition for this Agreement you agree to periodically check this Agreement posted at this page.
You agree that your continued use of our product or service after that date will constitute your consent and acceptance of the amendment.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.
Date of this Agreement: July 11, 2008
Modifications: February 2017
Copyright © 2017-2018 Law Office of Michael E. Young PLLC, and licensed for use by Sagebrush Holdings, Inc., the owner of the website at Emini Futures. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.