DISCLAIMER

FLOW™ IS A TOOL AND NOT A TRADING SYSTEM THAT GIVES SPECIFIC BUY AND SELL TRADING SIGNALS OR RECOMMENDATIONS. INSTEAD, IT IS A TECHNICAL ANALYSIS TOOL THAT PROVIDES ITS USERS WITH A PROPRIETARY METHOD OF ANALYZING THE MARKETS. ALL ACCURACY STATISTICS MENTIONED ON THE WEBSITE OR BY ACTIVE USERS  RELATE TO THE PROPRIETARY FLOW™ NEURAL NETWORK.  A STATISTICAL ACCURACY OF 80% DOES NOT TRANSLATE TO A PRESUMPTION THAT 8 OUT OF 10 TRADES WILL BE “WINNING” TRADES.

THE NEURAL NETWORK LEVERAGES ITS ABILITY TO RECOGNIZE THOUSANDS OF PATTERNS TO PREDICT THE COMING PATTERN IN EACH TIME FRAME.  WHILE SEEING THE PREDICTED PATTERN ACROSS MULTIPLE TIME FRAMES INCREASES THE MATHEMATICAL LIKELIHOOD OF THAT PREDICTION BEING ACCURATE, THERE ARE NO GUARANTEES THAT ANY OF THE PREDICTED PATTERNS WILL BE ACCURATE FOR ANY GIVEN SYMBOL OR TIMEFRAME. 

WITH THIS INFORMATION ON THE FLOW NEURAL NETWORK PLUS OTHER INFORMATION GENERATED BY FLOW (AS WELL AS ALL OTHER INFORMATION AVAILABLE TO EACH FLOW USER) IT IS EACH USER’S RESPONSIBILITY TO DETERMINE HIS OR HER OWN SPECIFIC ENTRIES, EXITS AND STOP PLACEMENTS, WHICH MAY VARY FROM THOSE OF OTHER TRADERS DUE TO INDIVIDUAL DIFFERENCES IN TRADING STYLE, FINANCIAL MARKET EXPERIENCE, TRADING EXPERTISE, FINANCIAL AND ECONOMIC OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, ACCOUNT SIZE AND NUMBER OF CONTRACTS TRADED, THEREBY PRODUCING DIFFERENT TRADING RESULTS FROM ONE TRADER TO ANOTHER.

TRADE ORACLE GROUP (“COMPANY”) STAFF ARE IN DAILY CONTACT WITH TRADERS, WHO EITHER REQUEST INFORMATION ABOUT THE COMPANY, INTERMARKET ANALYSIS AND FLOW, OR WHO EXPRESS AN INTEREST IN INTERMARKET ANALYSIS OR FLOW WHEN CONTACTED BY COMPANY STAFF. TELEPHONE CALLS AND CONVERSATIONS WITH COMPANY’S STAFF MAY BE MONITORED OR RECORDED FOR TRAINING AND QUALITY ASSURANCE PURPOSES. THE COMPANY MAY GIVE PRODUCT CREDITS/REBATES OR PAY FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, TO CUSTOMERS OR OTHERS, INCLUDING DATA VENDORS; COMPETITORS; AUTHORS/WRITERS OF REVIEWS AND/OR PROMOTIONAL OR TECHNICAL ARTICLES MENTIONING, HIGHLIGHTING OR PROMOTING THE SERVICES AND PRODUCTS OFFERED BY THE COMPANY; OTHERS WHO ASSIST IT WITH PROSPECTIVE CUSTOMERS BECOMING CUSTOMERS; AND OTHERS WHO PROVIDE COMPANY WITH “LEADS” OR NAMES OF PERSONS OR TRADERS WHO SUBSEQUENTLY BECOME CUSTOMERS OF THE COMPANY.  ALL DETERMINATIONS BY COMPANY CONCERNING PRODUCT CREDITS/REBATES OR FEES PAID BY COMPANY ARE FINAL AND WITHIN ITS SOLE DISCRETION. THE COMPANY MAY RECEIVE PRODUCT CREDITS/REBATES OR FEES, INCLUDING REFERRAL FEES, UNDER CERTAIN CIRCUMSTANCES, FROM OTHERS, INCLUDING DATA VENDORS, COMPETITORS, AND OTHER ENTITIES WITHIN THE FINANCIAL INDUSTRY OR NOT, WHO PROMOTE PRODUCTS AND SERVICES WHICH MAY BE OF INTEREST AND BENEFIT TO COMPANY CUSTOMERS AND IN WHICH THE COMPANY PROVIDES ITS CUSTOMERS WITH PROMOTIONAL INFORMATION AND DETAILS ON THE PRODUCTS AND SERVICES OF OTHERS FOR WHICH THE COMPANY MAY RECEIVE SUCH PRODUCT CREDITS/REBATES OR FEES. ALL DETERMINATIONS BY COMPANY CONCERNING FEES TO BE RECEIVED BY THE COMPANY ARE FINAL AND WITHIN ITS SOLE DISCRETION. CUSTOMER TESTIMONIALS IN THE FLOW VIDEO ARE EXPRESSIONS OF EACH CUSTOMER’S PERSONAL EXPERIENCE AND BELIEF. NO COMPENSATION HAS BEEN PAID BY COMPANY TO THESE CUSTOMERS FOR THEIR TESTIMONIALS IN THE VIDEOS, EXCEPT FOR REASONABLE TRAVEL EXPENSES NECESSARY FOR THEM TO PARTICIPATE IN THE PRODUCTION OF THE VIDEO. THE COMPANY a AFFILIATION WITH ANY BROKERAGE FIRMS AND DOES NOT GET INVOLVED WITH TRADING, TRADE RECOMMENDATIONS OR ACCOUNT ADMINISTRATION SINCE WE ARE NOT LICENSED, REGISTERED BROKERS. YOU MUST MAKE YOUR OWN TRADING DECISIONS AND WORK OUT YOUR OWN SPECIFIC TRADING GUIDELINES WITH YOUR BROKER.

THE COMPANY RESPECTS THE PRIVACY OF ITS VISITORS AND CUSTOMERS. THE COMPANY USES FEEDBACK FORMS AS A VEHICLE FOR RECEIVING FEEDBACK FROM OUR VISITORS TO OUR WEB SITE AS WELL AS PROVIDING APPROPRIATE FOLLOW-UP. THIS INFORMATION IS RECEIVED BY THE WEB MASTER AND REVIEWED BY THE APPROPRIATE MANAGER FOR RESPONSE. COMPANY DOES NOT SELL, LEASE OR SHARE ANY INFORMATION OR DATA THAT IT OBTAINS THROUGH ITS WEBSITE WITH UNAFFILIATED THIRD PARTIES. ALL INFORMATION IS SOLELY INTENDED FOR USE BY THE COMPANY AND ITS AFFILIATES. FOR QUALITY ASSURANCE PURPOSES, CALLS WITH THE COMPANY MAY BE MONITORED OR RECORDED.

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. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS. 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. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE 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 AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. THE COMPANY WAS FOUNDED BY EXPERIENCED PROFESSIONAL TRADERS WITH EXTENSIVE EXPERIENCE AND THEIR APPETITE FOR RISK WILL LIKELY BE DIFFERENT THAN A NON-PROFESSIONAL TRADER.  ACTUAL TRADING DONE LIVE ON DEMONSTRATIONS AND IN CHAT ROOMS MAY BE SHARED WITH MEMBERS THOUGH THIS TRADING IS NOT ENDORSED BY THE COMPANY OR INTENDED TO BE A MODEL FOR ALL TRADERS.  THERE ARE NOT ACTUAL TRADING RESULTS TO COMPARE FOR MOST HYPOTHETICAL PERFORMANCE RESULTS, CUSTOMERS SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS. FUTURES AND OPTIONS TRADING INVOLVES RISK, IS NOT FOR EVERY TRADER, AND ONLY RISK CAPITAL SHOULD BE USED.

THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING AND PARTICIPATING IN THE FINANCIAL MARKETS AND THAT THIS RISK IS PRESENT EVEN WITH THE USE OF A TOOL LIKE FLOW WHICH DOES NOT ELIMINATE THE RISK, OR GUARANTEE PROFITS OR THE AVOIDANCE OF LOSSES. WHILE THIS RISK CAN BE MANAGED AND EVEN REDUCED, IT CAN NEVER BE ELIMINATED. GIVEN THIS RISK, IT IS NOT PRUDENT OR ADVISABLE TO MAKE TRADING DECISIONS THAT ARE BEYOND YOUR FINANCIAL MEANS OR INVOLVE TRADING CAPITAL THAT YOU ARE NOT WILLING AND CAPABLE OF LOSING.

FLOW’S FORECASTS DO NOT CONSTITUTE TRADING ADVICE OR AN ENDORSEMENT OR RECOMMENDATION BY THE COMPANY OF ANY TRADING METHODS, PROGRAMS, SYSTEMS OR ROUTINES. COMPANY’S PERSONNEL ARE NOT LICENSED BROKERS OR ADVISORS AND DO NOT OFFER TRADING ADVICE.

COPYRIGHT INFRINGEMENT CLAIM NOTICE PROCEDURE – Copyright and Intellectual Property Policy

We respect the intellectual property of others, and we ask our users to do the same. We assume no responsibility for content on other web sites that you may find or access when using our products or services. Material available on or through other web sites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those web sites, and not our Terms of Service, govern your use of that material.

It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of our company and/or others.

Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice

Pursuant to Title 17, U.S. Code § 512(c)(2), notifications of claimed copyright infringement, or notification of other intellectual property rights violation, should be sent ONLY to the Designated Agent below.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.

TESTIMONIAL DISCLAIMER:

Testimonials appearing on this website may not be representative of other clients or customers and is not a guarantee of future performance or success.

RISK DISCLAIMER:

All forms of trading carry a high level of risk so you should only speculate with money you can afford to lose. You can lose more than your initial deposit and stake. Please ensure your chosen method matches your investment objectives, familiarize yourself with the risks involved and if necessary seek independent advice.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Trading financial instruments of any kind including options, futures and securities have 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 options, futures and stock markets. Don’t trade with money you can’t afford to lose.

NFA and CTFC Required Disclaimers – Trading in the Foreign Exchange market is a challenging opportunity where above average returns are available for educated and experienced investors who are willing to take above average risk. However, before deciding to participate in Foreign Exchange (FX) trading, you should carefully consider your investment objectives, level of experience and risk appetite. Do not invest money you cannot afford to lose.

EARNINGS DISCLAIMER: EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT THIS PRODUCT AND ITS POTENTIAL. THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEYUSING THE TECHNIQUES, IDEAS OR PRODUCTS PRESENTED ON OUR WEBSITE. EXAMPLES ON OUR WEBSITE ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.

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 THAN ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

All information on this website or any product purchased from this website is for educational and research purposes only and is not intended to provide financial advice. Any statement about profits or income, expressed or implied, does not represent a guarantee. This training website is neither a solicitation nor an offer to Buy/Sell options, futures or securities. No representation is being made that any information you receive will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. Please use common sense. Get the advice of a competent financial advisor before investing your money in any financial instrument.

Terms of Use: Your use of this educational website indicates your acceptance of these disclaimers. In addition, you agree to hold harmless the publisher and instructors personally and collectively for any losses of capital, if any, that may result from the use of the information. In other words, you must make your own decisions, be responsible for your own decisions and trade at your own risk.

Any opinions, news, research, analysis, prices, or other information contained on this website or any other material or teaching provided by TradeOracle.com and associated companies or employees is provided as general market commentary, and does not constitute investment advice or a solicitation to buy or sell any foreign exchange contract, contract for difference or securities of any type – It does not take into account your personal circumstances, please do not trade or invest based solely on this information. By viewing any material or using the information within this site you agree that this is general education material and you will not hold any person or entity responsible for loss or damages resulting from the content or general information provided here by TradeOracle.com, its employees, directors or fellow members.

Futures, options, and spot currency trading have 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, foreign exchange and options markets.

Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell stocks, futures, spot forex, CFD’s, options or other financial products. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in any material on this website. The past performance of any trading system or methodology is not necessarily indicative of future results. For the avoidance of any doubt, TradeOracle.com and any associated companies, or employees, do not hold themselves out as Commodity Trading Advisors (“CTAs”). Given this representation, all information and material provided by TradeOracle.com and any associated companies, or employees, is for educational purposes only and should not be considered specific investment advice.

High Risk Warning: Foreign Exchange, Futures, and Options trading has large potential rewards, but also large potential risks. The high degree of leverage can work against you as well as for you. You must be aware of the risks of investing in forex, futures, and options and be willing to accept them in order to trade in these markets. Forex trading involves substantial risk of loss and is not suitable for all investors. Please do not trade with borrowed money or money you cannot afford to lose. Any opinions, news, research, analysis, prices, or other information contained on this website is provided as general market commentary and does not constitute investment advice.

We will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information. Please remember that the past performance of any trading system or methodology is not necessarily indicative of future results.

While every effort is made to check the accuracy of information contained on this website, TradeOracle.com cannot accept responsibility for any errors or omissions. We therefore strongly recommend that readers make their own thorough checks and seek independent financial advice before entering into any kind of transaction.

Refund Policy: When a member signs up they immediately gain access to and therefore benefit from the premium services offered. Because of this, we do not give refunds. If you want to cancel so your subscription does not auto-renew, you may, and you will not be billed during the next cycle.

Written notification of claimed copyright infringement must be submitted to the following Designated Agent via the following routes:

  • Mail:
  • Trade Oracle Group Ltd
  • C/O IP/Copyright
  • 2489 W Main St.
  • Littleton, CO 80120
  • Email: tradeoracle@protonmail.com.

Under Title 17, § 51 2(c)(3)(A) of the United States Code, the Notification of Claimed Infringement must include the following:

  1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

  2. An identification of the copyrighted work, or works, that you believe to have been infringed upon. The identification must provide sufficient detail to specify the work. For example, an identification for a web page might state, “The copyrighted work at issue is the text that appears on http://www.originalexpression.com/original_page.html.” Where the work is another form of publication, the identifying information could include the name, edition, ISBN number and pages of a book from which an excerpt was copied, the music album or single, etc. as appropriate.

  3. A clear description of where the infringing material is located on our web site(s), including, as applicable, its URL, so that we can locate the material.

  4. Information reasonably sufficient to permit us to contact you. An email address is preferred. Alternatively, you might provide your mailing address and/or telephone number.

  5. The following statement: “I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law.”

  6. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.”

License Agreement

FLOW License Agreement

This is a legal agreement (the “Agreement”) between you (“Licensee” or “You”) and Trade Oracle Group Ltd, a Colorado corporation (“Company”). Carefully read this Agreement before installing the FLOW™ software (“FLOW”) on your computer.

FLOW™ and the FLOW user documentation and all related materials that were provided to You by Company under this Agreement by any means, including: (I) in print, (II) over the Internet, or (III) by any other means of distribution are collectively referred to in this Agreement as the “Licensed Package”, which Licensee agrees to license (“License”).

By clicking the “I Understand and Agree to the Terms” button when presented on the screen with the FLOW License Agreement, Licensee reaffirms that this Agreement in its entirety was made available to Licensee and agreed to by Licensee prior to payment for the License. Licensee reaffirms that its credit card, wire transfer and/or cash payment to purchase this License is governed by the terms and conditions of this Agreement, including, in particular, Section 20, Refunds.

Licensee reaffirms its understanding and acceptance of the terms of this Agreement, is creating an electronic signature acknowledging its full understanding and agreement to be legally bound by all of the terms and conditions of this Agreement, agrees to execute this Agreement electronically and agrees that this Agreement is enforceable like any written negotiated agreement signed by Licensee, and is entering into a binding legal contract. FLOW contains the following FLOW products (“FLOW Products”): FLOW for Futures and Commodities (comprised of individual markets); FLOW for Stocks and ETFs (comprised of individual sectors of stocks and ETFs); FLOW for Crypto (comprised of individual Cryptocurrencies and Cryptocurrency Pairs); and FLOW for Forex (comprised of individual groups of Forex pairs). For each of these FLOW Products, each of their respective markets, sectors or groups is hereinafter known as a market application (“Market Application”).

This Agreement governs and relates to Licensee’s License of the Licensed Package and Licensee’s selection of, and payment for, one or more FLOW Products (hereinafter “Licensee’s Enabled Product(s)”) comprising specific Market Applications that are enabled for Licensee’s personal use (“Licensee’s Enabled Applications”) when Licensee registers FLOW on Licensee’s single computer.

FLOW utilizes security procedures to prevent software piracy and to protect Licensee’s investment, which require Licensee to activate FLOW after installation by performing an initial activation (“Initial Activation”), to register FLOW, Licensee’s Enabled Product(s) and Licensee’s Enabled Applications (“Registration”) within the twenty-one (21) day period (“Registration Period”) following Initial Activation, and subsequently to reactivate FLOW periodically (“Reactivation”) over the Internet on Licensee’s single computer. This Agreement will remain in effect until it is terminated in accordance with Section 19 below.

Licensee acknowledges that competing products and services are readily available, and that Licensee is free to return the Licensed Package within the timeframe and under the restrictions provided in this Agreement. Therefore, Licensee waives any right to assert that this Agreement is an unconscionable, improper or illegal contract of adhesion.

  1. Non-exclusive License. Company hereby grants to Licensee a non-exclusive, non-assignable and non-transferable limited License to use Licensed Package subject to the terms and conditions set forth in this Agreement and subject to the payment by Licensee to Company of the necessary fees as specified by the Company.

  2. Use of Product.

  3. All FLOW Products and all Market Applications will function during the Registration Period following the date of Initial Activation of FLOW by Licensee by logging into the TradeOracle.com cloud service by way of the Licensee’s computer. If Licensee does not complete Registration of Licensee’s Enabled Product(s) and Licensee’s Enabled Applications within the Registration Period, FLOW will become disabled and will not function. However, FLOW can be restored at any time by contacting the Company to complete Registration of the Licensee’s Enabled Product and Licensee’s Enabled Applications.

  4. If Licensee thereafter desires to enable additional Market Applications within Licensee’s previously Enabled Product(s), upon payment of prescribed fees to Company as the Company may specify, Licensee shall be entitled to a new Registration from Company enabling the additional Market Applications to become part of Licensee’s Enabled Applications operating on the same Licensee’s Log In in accordance with the Licensee’s existing License.

  5. If Licensee thereafter desires to enable additional FLOW Product(s), upon payment of prescribed fees to Company as the Company may specify for the additional FLOW Product(s) and Market Applications that Licensee wants to enable, Licensee shall be entitled to either: (1) a new Registration from the Company allowing the new FLOW Product(s) to be enabled and added to the Licensee’s Enabled Product(s) with the additional Market Applications added to the Licensee’s Enabled Applications operating on the same Licensee’s Log In in accordance with the Licensee’s existing License, or (2) a new License for the additional Licensee’s Enabled Product(s) and additional Licensee’s Enabled Applications to be enabled on a second Licensee’s Log In.

  6. Restrictions on Use. Licensee shall not copy, reprint, reproduce, duplicate or modify any part of Licensed Package (electronically or otherwise) or assist any other party in doing so either during or after the term of this Agreement. Licensee agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in Licensed Package or information made available to Licensee under this Agreement, or to enable or attempt to enable FLOW Products and/or Market Applications without Company’s permission and payment of prescribed fees to Company as the Company may specify. Licensee further agrees not to create derivative works based upon Licensed Package, or any part or Market Application thereof, or allow or authorize others to do so. Licensee shall not rent, lease, or lend Licensed Package, provide commercial hosting services with Licensed Package or use Licensed Package in any form or by any means to provide trading advice or information to any third party for a fee, or post or distribute information based upon or derived from the output of the Licensed Package in any public or private forum including, but not limited to, print, the Internet, online chat, instant message, video, online forums, any form of newsletter (whether electronic or otherwise), radio or television, for any purpose, including any commercial venture or purpose in which the Licensee seeks to receive a fee for service. Licensee represents and warrants that Licensee will not participate in any commercial or business venture whatsoever, wherein the use of and reliance on Licensed Package is in any way a part of said commercial business venture.

  7. Restrictions on Disclosure. Licensee shall not, at any time, lease, license, transfer, publish, disseminate, or disclose Licensed Package or any part thereof or any output derived from the use of Licensed Package, in whole or in part, in any form or by any means (including, but not limited to, any form of newsletter whether electronic or printed, public trading forum or website) to any third party for financial gain, except to execute trades in Licensee’s own brokerage account. Licensee shall not use Licensed Package or any part thereof on more than one computer at any time whether on a network or otherwise. If Licensee intends to use Licensed Package in the furtherance of Licensee’s business enterprise or for any commercial business venture, Licensee shall not use Licensed Package without first agreeing to the Commercial Business Addendum to this Agreement and payment of the fees prescribed by the Company for such use.

  8. Liability for Unauthorized Use or Disclosure. Licensee acknowledges that any unauthorized use or disclosure of Licensed Package will diminish the value of the Company and its products and will cause irreparable and continuing damage to the Company for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, Company will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.

  9. Title. Licensee acknowledges that all title to and ownership rights in Licensed Package and any part thereof, including, without limitation, all FLOW Products and Market Applications including but not limited to all Licensee’s Enabled Products and all Licensee’s Enabled Applications, all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto (herein collectively referred to as the “Licensed Package & All Derivations”), all Updates (as defined below), and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned and/or exclusively licensed by the Company. Licensee shall not acquire any rights in Licensed Package & All Derivations of such Licensed Package, or any part thereof, or in any Update by virtue of this Agreement. The Company shall retain all title to and rights in physical materials included in Licensed Package and licensed under this Agreement.

  10. Disclaimer of Warranties. LICENSEE ACKNOWLEDGES THAT COMPANY HAS NOT REPRESENTED OR WARRANTED THAT THE USE OF, OR ACCESS TO, THE LICENSED PACKAGE WILL BE UNINTERUPTED, ERROR FREE OR WITHOUT INACCURACIES OR DELAY DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION NATURAL CATASTROPHIES; GOVERNMENTAL ACTS; POWER FAILURE, BREAKDOWNS OR FAILURE OF COMMUNICATIONS SYSTEMS OR THE INTERNET; PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED; TECHNICAL FAILURE OF THE LICENSED PACKAGE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS OR OMISSIONS OF THIRD PARTIES. LICENSEE ACKNOWLEDGES THAT COMPANY MAKES NO REPRESENTATIONS CONCERNING THE SUITABILITY OF LICENSED PACKAGE FOR USE BY LICENSEE, AND THAT LICENSEE SHOULD DETERMINE FOR HIMSELF OR ITSELF WHETHER, AND TO WHAT EXTENT, THE USE OF LICENSED PACKAGE IS SUITABLE FOR LICENSEE. LICENSEE FURTHER ACKNOWLEDGES AND UNDERSTANDS THAT COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE, EITHER EXPRESS OR IMPLIED, OF ANY NATURE WITH RESPECT TO LICENSED PACKAGE, OR ANY PART THEREOF; OR TO THE USE THEREOF OR AS TO THE RESULTS OR OUTPUT OF THE USE OF LICENSED PACKAGE; OR AS TO ANY CONDITION, QUALITY, PERFORMANCE, CORRECTNESS, ACCURACY, PROFITABILITY, PREDICTIVENESS, TIMELINESS, OPERATION, OR RELIABILITY THEREOF; OR TO THE INTERACTION (OR FAILURE TO INTERACT PROPERLY) WITH ANY OTHER HARDWARE OR SOFTWARE WHETHER PROVIDED BY COMPANY OR A THIRD PARTY; OR AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF LICENSED PACKAGE WITH RESPECT TO ANY PROPOSED USE BY LICENSEE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MARKETS COMPRISING THE MARKET APPLICATIONS WILL BEHAVE AS INDICATED BY THE OUTPUT DERIVED FROM THE USE BY LICENSEE OF LICENSED PACKAGE. COMPANY MAKES NO CLAIMS, GUARANTEES, PROMISES OR WARRANTIES TO LICENSEE WITH RESPECT TO ANY PROFITS FROM TRADING ON THE BASIS OF, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. Licensee acknowledges that Company is not a market data provider, and that the Company relies on data it believes to be accurate, but the Company does not have mechanisms for, and does not endeavor to detect, errors, omissions, data non-delivery, data mis-delivery or other problems with the data. It is the duty of the Licensee to notify the Company of any such errors, omissions, or other problems with the data provided. Accordingly, the Company shall request that the data be corrected through its data vendor(s) but cannot be responsible for any errors, omissions or other problems in the data used by Licensee in conjunction with Licensed Package or any disruptions in the provision or transmission of such data by the Licensee’s data provider to the Licensee’s computer, which could cause the Licensed Package to generate incorrect, incomplete, or intermittent information that, if relied upon by Licensee, could result in misinformed trading decisions and potentially substantial losses.

  11. Date of Initial Receipt. It is understood that the Date of Initial Receipt by Licensee is the earlier of: (a) the date that Licensed Package was delivered to the address provided to Company by Licensee and signed for by an adult at that address, (b) the date that the Company sent an email to the email address given to the Company by the Licensee, in which the email contained a link to allow the Licensee to download FLOW from Company’s website over the internet, or (c) the date that Company hand-delivered the Licensed Package to the Licensee at Company’s place of business.

  12. Damages. COMPANY’S ENTIRE AND MAXIMUM LIABILITY SHALL BE FOR REPLACEMENT OF ANY DEFECTIVE PDF DOCUMENT USED IN A TRAINING PROGRAM. NEITHER COMPANY NOR ITS EMPLOYEES, OFFICERS, MANAGERS, MEMBERS, OR DIRECTORS SHALL BE LIABLE FOR ANY DAMAGES OR CLAIMS ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF LICENSED PACKAGE, INCLUDING, BUT NOT LIMITED TO, SPECIAL, DIRECT, INCIDENTAL, LOST PROFITS, DIMINUTION IN VALUE, PROPERTY DAMAGE, CONSEQUENTIAL OR OTHER DAMAGES FOR ANY TYPE OF DAMAGE, INJURY OR LOSS, INVASION OR LOSS OF PRIVACY, OR FOR BREACH OF ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, NEGLIGENCE OR OF WORKMANLIKE EFFORT), HOWEVER CAUSED, OR UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PATENT INFRINGEMENT, TRADEMARK INFRINGEMENT, COPYRIGHT INFRINGEMENT, OR OTHERWISE AND REGARDLESS OF WHETHER EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS EXCLUSION SHALL APPLY DESPITE ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS OR INACCURACIES IN FLOW, DOCUMENTATION OR OTHER MATERIALS CONTAINED IN LICENSED PACKAGE OR IN ANY PRODUCT OR SERVICE FURNISHED TO LICENSEE BY COMPANY IN CONNECTION THEREWITH, AND THIS EXCLUSION SHALL LIKEWISE APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE EXISTENCE OR A POSSIBILITY OF ANY DEFECT, ERROR, INCOMPLETENESS, OMISSIONS, INACCURACIES OR SUCH DAMAGES OR CLAIM. LICENSEE ACKNOWLEDGES THAT LICENSEE BEARS ALL RISK FROM ANY USE BY LICENSEE OF THE LICENSED PACKAGE AND THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY LICENSEE, INCLUDING BUT NOT LIMITED TO ANY DAMAGES TO LICENSEE’S COMPUTER, SOFTWARE, INTERNET CONNECTION, TELEPHONE, DATA FILES OR OTHER PROPERTY RESULTING FROM LICENSEE’S USE OF LICENSED PACKAGE.

  13. Updates. The Company agrees, but is not obligated, to advise Licensee of any modifications, neural network modifications or retrainings, enhancements and updates to Licensed Package (herein referred to collectively as “Updates”) as they are released by the Company provided that Licensee has kept the Company current with updated contact information including email address, mailing address, cell and daytime telephone number. Licensee agrees to put Company’s email address into his email application whitelist to avoid having spam filters block emails sent by the Company to Licensee. Licensee will be entitled to receive and use any and all Updates in accordance with Section 26 of this Agreement.

  14. Account Activation.

  15. a) Licensee acknowledges that Licensee, at Licensee’s sole expense, is responsible for and must provide all computer hardware, Internet connection, telephone and other equipment, and operating system software necessary to comply with the requirements needed for Initial Activation, Registration, and Reactivation of FLOW and that such Initial Activation, Registration, and Reactivation are based on the exchange of information between Licensee’s computer and Company through an Internet connection. Licensee acknowledges that there are technological measures in FLOW that are designed to prevent unlicensed or illegal use of FLOW, and that the Company may use such measures, which may include installing them on Licensee’s computer to verify Licensee’s compliance with the terms of this Agreement. Licensee agrees to adhere to any requirements regarding such measures.

  16. b) Licensee agrees that it will not take any action that imposes an unreasonable or disproportionately large load on Company’s operational infrastructure. If it is determined that Licensee took action with the malicious intent of disrupting, destroying, or overloading Company’s operational infrastructure, Licensee will be liable to the Company for any and all available legal and equitable remedies. Such remedies would include but not be limited to reimbursing Company for all costs associated with returning the infrastructure to its normal operating level and reimbursing Company for any lost profits resulting from the disruption, destruction, or overload of its infrastructure.

  17. Customer Support. Company agrees to provide Licensee with reasonable telephone customer support (herein referred to as “Initial Support”) for a period of six (6) months from the Date of Initial Receipt of Licensed Package by Licensee. A non-cancelable, non-transferable, annual prepaid customer support plan (“Paid Customer Support”) is available upon the expiration of the Initial Support period during the product lifecycle of Licensed Package. Neither the Company, nor its affiliates, in the performance of providing Initial Support or Paid Customer Support services, provides or offers trading advice, strategies or systems of any kind. The sole purpose of support services is to assist Licensee in the use of the Licensed Package.

  18. Exchanges and Deactivation. Licensee is entitled to exchange one or more Licensee’s Enabled Applications for other Market Applications in the same Licensee’s Enabled Product and is entitled to deactivate FLOW from one computer and install and register it on another computer, at the then-prevailing prescribed fees set by the Company.

  19. Speculative Nature. Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the use of Licensed Package. Licensee acknowledges and understands that Licensed Package provides information regarding possible future market movements based upon historical analysis of past market movements, that Licensed Package does not provide specific trade recommendations including buy and sell signals, that the individual markets comprising the Market Applications may not behave as indicated by the output derived from the use by Licensee of Licensed Package and that Licensee bears the sole risk for all orders for trades placed by Licensee as a result of considering such output. Licensee also acknowledges that FLOW and documentation furnished by Company in Licensed Package are an analytic tool only and are not intended to replace Licensee’s individual research or receipt of professional investment advice, and that neither the Licensed Package nor the Initial Support or Paid Customer Support related to the Licensee’s use of the Licensed Package constitute the provision of trading advice or an endorsement or recommendation by the Company of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise. Licensee further acknowledges that individual performance in the financial markets depends upon numerous factors including individual skills and experience at performing technical analysis, knowledge of and familiarity with the markets, effectiveness of individual decision making and decisiveness, and time availability to devote to analyzing and trading the markets, among other factors. IT IS EXPRESSLY UNDERSTOOD THAT NEITHER THIS AGREEMENT, NOR ANY STATEMENT, REPRESENTATION, OR ASSERTION WITHIN THIS AGREEMENT OR ANY PROMOTIONAL MATERIALS LICENSEE HAS REVIEWED OR ANY OTHER ORAL OR WRITTEN STATEMENT OR REPRESENTATION MADE BY THE COMPANY OR ITS AGENTS OR REPRESENTATIVES MAKES OR CONSTITUTES ANY GUARANTEE OF, OR REPRESENTATION RELATING TO, PERFORMANCE OF LICENSED PACKAGE INCLUDING THAT OF ITS PREDICTIVE ACCURACY AT FORECASTING MARKET PRICES OR TRENDS AND THAT COMPANY ALSO MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT OR OTHERWISE. IT IS ALSO UNDERSTOOD THAT FLOW IS AN ANALYTIC TOOL AND NOT A TRADING SYSTEM AND THAT COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON, LICENSED PACKAGE OR THE USE THEREOF. LICENSEE ASSUMES FULL RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES, EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE’S TRADING RESULTS SUCH THAT HIS OR ITS PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE USING LICENSED PACKAGE AT THE SAME TIME. UNDER NO CIRCUMSTANCES IS THE COMPANY RESPONSIBLE FOR LICENSEE’S TRADING RESULTS OR PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES. FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. LICENSEE AGREES THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN IN LICENSED PACKAGE OR IN ANY OF COMPANY’S PROMOTIONAL MATERIALS. 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. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE 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, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS. THE COMPANY HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE RESULTS.

  20. Hold Harmless; Indemnification; Release; Covenant Not to Sue. Licensee acknowledges it is fully aware of the hazards and risks, including financial risks, associated with trading in commodity and financial futures, Forex, Crypto, ETF and equities and the use of Licensed Package. In part consideration of the License granted herein, Licensee agrees to release, indemnify and hold harmless the Company, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Licensee’s use of Licensed Package or trading decisions and payment of any fees associated with the License, Updates or Paid Customer Support. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with Licensed Package or the promotion or marketing thereof.

  21. Intended Use. It is agreed by the parties that commodity and financial futures, Forex, Crypto, ETF and equities traders in the furtherance of their investment pursuits are the intended users of Licensed Package. Licensed Package is not designed for educational use or uses outside the commodity and financial futures, Forex, Crypto, ETF and equities fields. Licensee hereby represents to Company that Licensee is aware of the risks associated with the commodity and financial futures, Forex, Crypto, ETF and equities fields and any program of trading therein.

  22. Export Restrictions. Licensee acknowledges that Licensed Package is subject to U.S. export jurisdiction. Licensee agrees to comply with all applicable international and national laws that apply to Licensed Package, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments and shall pay all tariffs, duties and fees where applicable.

  23. Governing Law, Jurisdiction, and Venue. This Agreement shall be governed, interpreted and construed in accordance with the decisional laws of the State of Colorado. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. If awarded, the total of all damages due to Licensee shall be in accordance with Section 9 above. The parties hereby both knowingly, voluntarily, intentionally and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Licensee and the Company each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in Arapahoe County, Colorado. Licensee and the Company agree that, if Licensee brings any action or proceeding against the Company in any other venue in violation of this forum selection clause and the Company is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, Company will be immediately entitled to recover its costs and attorney’s fees associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction in the State of Colorado and hereby waives any claim or defense that such venue is not convenient or proper, and consents to service of process by any means authorized by Colorado law.

  24. Term. This Agreement shall remain in effect until terminated by one or more of the following occurrences:

  25. Breach by Licensee of any term or condition of this Agreement; provided that, except as set forth below, Company shall give Licensee written notice of such termination at the last known address of Licensee. If Licensee fails to cure such breach within ten (10) days after such notice, Licensee shall immediately cease all use of Licensed Package.

  26. Without notice, upon breach by Licensee of any of the conditions set forth in Section 3 or Section 4 above.

  27. Failure to renew License or associated Membership where License is granted due to non-payment. Company will bill in advance of expected Term based on the selected Membership/Licensing term selected by You.  The Company will seek to bill Licensee 5 to 15 days in advance for all licenses, monthly/quarterly/or annual. 

Where payment is not successful, Company will send notices by email at least every other business day until the expiration date, wherein a Notice of Cancellation will be sent to confirm. 

  1. Refund. Licensed Package may be refunded for a partial refund (excluding a $395.00 refund processing fee) provided that Licensee meets each of the following conditions: (a) Licensee must contact Company by telephone during its normal business hours to facilitate the deactivation of FLOW Membership; (b) the Refund will be adjusted to normal monthly rates with any discounts from incentives or special pricing to be deducted from the calculation of the Refund since the beginning of the agreement; and (c) Refund will consider cancellation date to be the final day next end of month following receipt of Request for Refund.

It is incumbent on Licensee to call Company at (720) 845-6634, Monday through Friday, 9:00 AM to 5:00 PM Eastern Standard Time to cancel FLOW Membership.  Emails received after these hours will be considered to have been received the following non-holiday business day.

  1. Successors. It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon Company, its successors and assigns, and Licensee, his or its successors, heirs, and personal representatives.

  2. Attorney’s Fees. In the event Company should be required to take legal action to enforce any of the provisions of this Agreement, the Company may recover its reasonable Attorney’s fees (up to and including any appellate proceedings) and costs from the Licensee whether or not litigation results. This Section shall be construed as an agreement, independent of any other provision in this Agreement, and the existence of any claim or cause of action on the part of Licensee against Company, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement by Company of the provisions of this Section.

  3. Construction. Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.

  4. Entire Agreement. The parties agree that this Agreement is the entire License Agreement between them governing the use of Licensed Package by the Licensee and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof.

  5. Modifications. The parties agree that this Agreement cannot be changed by any oral statements, but only by a license agreement modification (“License Agreement Modification”). The Licensee must execute and return a License Agreement Modification and Company must receive the License Agreement Modification executed by Licensee, postmarked within ten (10) days from the date that the Company sent the License Agreement Modification to Licensee. The License Agreement Modification shall become effective (the “Effective Date”) upon receipt by the Company.

  6. Changes to Licensed Package. The parties agree that this Agreement shall govern and control all obligations of Licensee with respect to the current version of the Licensed Package licensed to the Licensee and that any updated and subsequent versions of Licensed Package provided to the Licensee by Company in accordance with Section 10 of this Agreement shall be provided at no additional cost to the Member/Licensee.

  7. No Fraud or Reliance on Company Representations. Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by Company or its agents or representatives that are not set forth in this Agreement.

  8. Severability. If any provision of this Agreement is held for any reason to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement will, nevertheless, remain in full force and effect in that jurisdiction.

  9. Non-acceptance of Agreement. If Licensee does not accept the terms of this Agreement for any reason, then Licensee must contact the Company to deactivate Membership.

  10. Additional Acknowledgements. LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE’S CHOICE BEFORE ENTERING INTO THIS AGREEMENT AND/OR CONTINUING WITH THE INSTALLATION OF FLOW, UNDERSTANDS LICENSEE’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT THE INSTALLATION BY LICENSEE OF FLOW ON THE LICENSEE’S COMPUTER IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.