Past trading results are not indicative of future results. Past price patterns may not repeat
in precisely the same way and subsequently trading systems may not achieve profits/losses
similar to past actual or hypothetical results. There are just too many variables in the
markets to accurately forecast future results for any system or trader.
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT
LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT
ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN
FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND
THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS
IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION,
HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD
CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING CONDITIONS. IN
ADDITION THE ABILITY TO WITH STAND LOSSES OR TO ADHERE TOA PARTICULAR TRADING PROGRAM IN
SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING
RESULTS. THERE ARE MANY OTHER FACTORS RELATED TO THE FINANCIAL MARKETS IN GENERAL OR TO
THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN
THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS, ALL OF WHICH CAN ADVERSELY AFFECT
ACTUAL TRADING RESULTS.
THE RISK OF LOSS IN TRADING FUTURES, OPTIONS, COMMODITIES,
AND STOCKS CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER SUCH
TRADING IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. IN CONSIDERING WHETHER
TO TRADE OR TO AUTHORIZE SOMEONE ELSE TO TRADE FOR YOU, YOU SHOULD BE AWARE OF THE
FOLLOWING: IF YOU PURCHASE OR SELL A FUTURE, OPTION, 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 YOUR POSITION. IF THE MARKET MOVES AGAINST YOUR POSITION, YOU MAYBE
CALLED UPON YOUR BROKER TO DEPOSIT A SUBSTANTIAL AMOUNT OF ADDITIONAL MARGIN FUNDS, ON
SHORT NOTICE. IF YOU DO NOT PROVIDE THE REQUIRED FUNDS WITHIN THE PRESCRIBED TIME, YOUR
POSITION MAY BE LIQUIDATED AT A LOSS, AND YOU WILL BE LIABLE FOR ANY RESULTING DEFICIT IN
YOU ACCOUNT. THE PLACEMENT OF CONTINGENT ORDERS BY YOU OR YOUR TRADING ADVISOR, SUCH AS A
"STOP LOSS" OR "STOP LIMIT" ORDER, WILL NOT NECESSARILY LIMIT YOUR
LOSSES TO THE INTENDED AMOUNTS, SINCE MARKET CONDITIONS MAY MAKE IT IMPOSSIBLE TO EXECUTE
THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN
FUTURES AND OPTIONS MARKETS CAN WORK AGAINST YOU, AS WELL AS FOR YOU. THE USE OF LEVERAGE
CAN LEAD TO LARGE LOSSES AS WELL AS GAINS. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE
RISK AND OTHER SIGNIFICANT ASPECTS OF THE FINANCIAL MARKETS.
COPYRIGHT AND TRADEMARKS
Copyright 2017 Next Generation Trading LLC
The Ant Strategy Explorer trading software and documentation are the property of Next Generation Trading LLC and are protected by copyright with all rights reserved.
The Ant Strategy Explorer trading software/documentation is provided without warranty of any
kind. Next Generation Trading LLC does not warranty, guarantee or make any
representations regarding the use, or the results of the use of the software
or written documentation in terms of correctness, accuracy, reliability, currentness or otherwise. The entire risk as to the results and performance
of the software is assumed by the Licensee/user.
In no event shall Next Generation Trading LLC be liable in any respect for any
claims, loss, indirect, special or consequential damages or lost profits,
resulting from use of or reliance on the software or documentation.
The Licensee accepts the software "as is, with all faults", and in lieu of
all other warranties and conditions, expressed or implied, including, but
not limited to those for merchantability and fitness for a particular
The Ant Strategy Explorer software is presented solely for training or informational purposes. No offer or solicitation to buy or sell securities or securities derivative products of any kind,
or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by Next Generation Trading LLC or its affiliates.
The Ant Strategy Explorer software has not been developed based on knowledge of or with reference to your particular circumstances such as financial position, goals, risk-reward preferences, tax situation, brokerage arrangement, investment or trading experience, and so forth. Hence no content or model published by Next Generation Trading LLC constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person.
You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
Trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks;
quote delays; system and software errors; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you place a trade,
resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. Solely you assume those risks.
You retain ownership of all Content you upload to the Ant Strategy Explorer (ASE) or generate from own exploration. Source code uploaded to ASE is kept on your local computer. Only when compilation of a strategy is needed, then the source is transferred to a Server in the Cloud and a binary is generated and returned to the local computer. Sensitive source may be protected via an external DLL.
We will not access any source transferred for compilation except under the following circumstances:
Next Generation Trading LLC may access, review, share, or otherwise make use of private Content in the following circumstances (including in source code or similar form):
- If necessary in the course of providing technical support or other maintenance; provided that, wherever possible, any access by Next Generation Trading LLC for technical support or maintenance purposes will be restricted to the very specific technical purpose relevant to such support or maintenance;
- If necessary to ensure a stable and fully functional compiler available to all ASE users (e.g. if specific source causes the Cloud Compiler/Server to crash, then we may have to investigate)
- In order to comply with any applicable legal or regulatory requirements or court order;
- In the event that we consider, in our discretion, that such Content may present a security risk;
- In the event that we consider, in our discretion, that such Content may constitute an infringement or misappropriation of any third party right; or
- In the event that we consider, in our discretion, that such Content may be relevant to Next Generation Trading LLC's defense in any legal proceeding.
LIMITATION OF LIABILITY
NEXT GENERATION TRADING LLC SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, NEXT GENERATION TRADING LLC (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/ OR ANY THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO OUR CLOUD SERVER/COMPILER AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. NEITHER NEXT GENERATION TRADING LLC NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF, DELAYS IN OPERATION, TRANSMISSION OR RESPONSE OF, OR INABILITY TO USE THE SERVER/COMPILER OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON OUR WEB SITE, CLOUD SERVER AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON OUR WEB-SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH OUR WEB-SITE; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON OUR WEB-SITE OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY MISTAKES, INACCURACIES, OMISSIONS, ERRORS, INTERRUPTIONS OR LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITES, CLOUD SERVER OR THE SERVICES, OR (vii) ANY OTHER FAILURE OF PERFORMANCE OF WEB-SITE, CLOUD SERVER OR SERVICES OR OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES, IN EACH CASE WHETHER OR NOT CAUSED BY EVENTS BEYOND THE CONTROL OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS, INCLUDING, BUT NOT LIMITED TO, ACTS OF NATURE, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE WEB-SITE, CLOUD SERVER OR SERVICES OR CONTENT STORED THEREIN. IN NO EVENT SHALL NEXT GENERATION TRADING LLC'S TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF: (i) ONE HUNDRED DOLLARS ($100.00) OR (ii) THE TOTAL AMOUNT PAID OR PAYABLE BY YOU TO US, IF ANY, FOR USING ANY OF THE SERVICES OR THE SITE IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN TYPES OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Next Generation Trading LLC SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF ANY BREACH OF THE
SUBSCRIPTION TERMS. IN NO EVENT SHALL Next Generation Trading LLCs
LIABILITY EXCEED THE TOTAL SUBSCRIPTION FEE.
Next Generation Trading LLC SHALL NOT BE LIABLE FOR
ANY DAMAGES CAUSED BY DELAY OF ANY SERVICES UNDER THE SUBSCRIPTION AGREEMENT. THE SUBSCRIBER ASSUMES
ALL THE RISKS ASSOCIATED WITH USING THE AID/ASE SOFTWARE AND TRADING FINANCIAL INSTRUMENTS