Winning Edge Trading Systems and Signals

Dear Subscriber/Student:
Thank you for signing up for Winning Edge System subscription/leasing service and/or system courses and strategies. Please print the following Non-Disclosure Agreement and Risk Disclosure.  After reading it, fill out your name and fax it back to us with your signature on each page to 631-824-9402.

Best Regards,
Ned Gandevani, Ph.D.
Note:
This non-disclosure agreement is read and signed for any or all of the following Winning Edge Signals and/or Systems and Courses. They include but not limited to;
Signals subscription services and/or leasing programs: Day Trading Signals, Intraday Updates Trading Signals, Swing Trading Signals, Position Trading Signals, Winning Edge System I - Automated Version, and  Winning Edge Power Points System - WES-PP.
System and Courses: Winning Edge System, Level I, Level II, Level III, Winning Edge Swing System, WES-Swing-Automated Version, Winning Edge Position System, Winning Edge Forex System and  WES-Forex-Automated Version       




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CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT

 

THIS AGREEMENT, made as of this ……. day of ……. , 2008 by and between National Trading Group, Inc. ( hereinafter "NTG"), a New York corporation and

Mr./Ms. ………………………….. (hereinafter "Subscriber/Student") .

WITNESSETH

WHEREAS, Subscriber/Student  is desirous of utilizing NTG’s "The Winning Edge Trading Signals and Systems and Strategies " (hereinafter "WES" or "Strategies") ; and

WHEREAS, the Strategies are proprietary and exclusive, and the Subscriber/Student  recognizes that Strategies are proprietary and the exclusive property of NTG; and

WHEREAS, Subscriber/Student’s interest in the Strategies and Signals is for his/her/its own trading account and benefit; and

WHEREAS, Subscriber/Student represents he/she/it will not market, sell or disclose the Strategies and Signals or WES approach and methodology ; and

WHEREAS, Subscriber/Student represents that he/she/it is not a registered broker or CTA, nor trades commodity futures or options on behalf of any other individual or organization; and

WHEREAS, NTG is desirous of allowing Subscriber/Student to utilize the Strategies and Signals pursuant to Subscriber/Student’s payment in full and execution of the Risk Disclosures attached hereto as Exhibit "A".

NOW, THEREFORE, in consideration of the mutual covenants, promises and conditions contained in this Agreement and the accompanying Risk Disclosures, the parties intending to be bound by them, agree as follows:

    1. NTG will give the Signals (via email or access to designated web pages) to Subscriber and training manual to Student pursuant to Subscriber/Student’s educational objectives. NTG agrees to disclose the Signals to Subscriber and Strategies to Student in reliance upon Subscriber/Student’s acknowledgment that the Signals, Strategies and information contained in the WES is proprietary and exclusive to NTG and Subscriber/Student will keep the Signals, Strategies secret and confidential.
    2. Subscriber/Student agrees that all information regarding the Signals and/or Strategies (such information shall mean, in whole or in part, whether in writing, or transmitted orally, visually, electronically or otherwise) furnished by NTG and /or its employees, agents or representatives (including attorneys, accountants, consultants or advisors) to Subscriber/Student and /or its employees, agents or representatives (including attorneys, accountants, consultants or advisors) whether directly or indirectly, whether in written or verbal form, shall be confidential and shall not without the prior written consent of NTG be disclosed, disseminated or released in whole or part to any third party.
    3. Subscriber/Student acknowledges that the Strategies and Signals are proprietary. Subscriber/Student agrees that he/she/it will not give, sell or license another person or entity access to the Winning Edge Systems or Signals without the express written consent of NTG.
    4. Subscriber/Student acknowledges that the disclosure of the Strategies and Signals or the utilization of the Strategies by Subscriber/Student to assist third parties would cause NTG irreparable harm, as well as substantial monetary damages. Therefore Subscriber/Student consents to the issuance of a temporary restraining order with notice and the entry of a preliminary and permanent injunction enjoining Subscriber/Student from further disclosure of the Signals and Strategies. This remedy shall be in addition to any other remedy, including but not limited to the recovery of compensatory and punitive damages, available at law or in equity, for a violation of this Agreement.
    5. Subscriber/Student acknowledges that he/she has read the posted "terms and conditions" on the Winning Edge Strategies (http://www.winningedgesystem.com/policies.htm) web site and agrees with all of them including but not limited to that there is absolutely no refunds either full or partial  for any of services he/she signs up for.
    6. All of the obligations and restrictions shall survive any termination of this Agreement hereof.
    7. This Agreement shall be construed and enforced in accordance with the laws of the State of New York. All parties to this Agreement consent to the venue of any action arising hereunder to the state or federal courts located in and about Suffolk County, New York. In the event of any litigation arising out of or related to this Agreement, the prevailing party shall be entitled to recover all costs incurred, including all reasonable attorneys’ fees.
    8. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be enforced to the fullest extent allowed by law. Further, such invalidity or unenforceability shall not invalidate this Agreement as a whole or those provisions of this Agreement not found to be invalid or unenforceable
    9. This document sets forth the parties full agreement. There are no oral understandings with respect to or affecting this Agreement, and this Agreement may not be amended, supplemented, canceled or discharged except by written instrument executed by both parties hereto.
    10. This Agreement shall be binding upon, and inure to the benefit of, the successors and assigns of NTG and Subscriber/Student.
    11. You agree that National Trading Group shall not be liable for, and you agree to indemnify and hold National Trading Group and its employees, officers, directors, shareholders and agents harmless form any and all claims of loss(es), actual or perceived, caused directly or indirectly by any equipment or software failure, failure of any Internet service provider, operator error, electronic or mechanical equipment, hardware, communication system, or other system, or any component thereof, telephone or other interconnect problems, unauthorized access, theft, security breach, government restriction, exchange or market regulation, suspension of trading, war, strike or other labor dispute, that might prevent you from utilizing any trading signals or other services provided by National Trading Group. You further acknowledge and agree that, you will not be compensated by National Trading Group for any "lost opportunity" (eg. an increase in the value of a futures contract you wished to purchase) resulting from any inability or delay in your ability to enter or execute any order due to any technical or other difficulty, even if such difficulty could have been prevented by National Trading Group.


IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.


NATIONAL TRADING GROUP, INCORPORATED

By: Ned Gandevani, President

________________________



Agreed by :
 

By: Mr./Ms. ………………………………….

_____________________________

DATE:



 

EXHIBIT A

RISK DISCLOSURE

THE RISK OF LOSS IN TRADING COMMODITIES CAN BE SUBSTANTIAL. COMMODITY TRADING IS NOT SUITABLE FOR ALL INDIVIDUALS. 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 A COMMODITY OPTION YOU MAY SUSTAIN A TOTAL LOSS OF THE PREMIUM AND OF ALL TRANSACTION COSTS, WHICH INCLUDES COMMISSION AND FEES. OPTIONS DO NOT MOVE DOLLAR FOR DOLLAR WITH THE UNDERLYING FUTURES CONTRACT AND TRANSACTION COSTS MAY SUBSTANTIALLY IMPACT RETURN.

IF YOU PURCHASE OR SELL A COMMODITY FUTURE OR SELL A COMMODITY 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 MAY BE CALLED UPON BY YOUR BROKER TO DEPOSIT A SUBSTANTIAL AMOUNT OF ADDITIONAL MARGIN FUNDS, ON SHORT NOTICE, IN ORDER TO MAINTAIN YOUR POSITION. 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 YOUR ACCOUNT.

UNDER CERTAIN MARKET CONDITIONS, YOU MAY FIND IT DIFFICULT OR IMPOSSIBLE TO LIQUIDATE A POSITION. THIS CAN OCCUR, FOR EXAMPLE, WHEN THE MARKET MAKES A "LIMIT MOVE".

THE PLACEMENT OF CONTINGENT ORDERS , 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 SUCH ORDERS. SUCH ORDERS ARE MERELY AN ATTEMPT TO LIMIT LOSSES.

A "SPREAD" POSITION MAY NOT BE LESS RISKY THAN A SIMPLE "LONG" OR "SHORT" POSITION.

THE HIGH DEGREE OF LEVERAGE THAT IS OFTEN OBTAINABLE IN COMMODITY TRADING CAN WORK AGAINST YOU AS WELL AS FOR YOU. THE USE OF LEVERAGE CAN LEAD TO LARGE LOSSES AS WELL AS GAINS.

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY COMMODITY TRADING ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN, IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL COMMODITY TRADING PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR COMMODITY TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL COMMODITY TRADING PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL COMMODITY TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL COMMODITY TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT
OF FINANCIAL RISK IN ACTUAL COMMODITY TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR COMMODITY TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL COMMODITY TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE COMMODITY MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC COMMODITY TRADING PROGRAM WHICH CAN NOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL COMMODITY TRADING PERFORMANCE RESULTS, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL COMMODITY TRADING RESULTS.

PAST RESULTS OF S&P WINNING EDGE DAY TRADING METHODOLOGY AND SYSTEM, SWING SYSTEM, POSITION, FOREX SYSTEM, DAY, SWING, AND POSITION TRADING SIGNALS ARE NOT INDICATIVE OF FUTURE PERFORMANCE. THE MONTHLY AND COMPOSITE ANNUAL RESULTS SHOULD BE VIEWED HYPOTHETICALLY. IN REALITY, THE RESULTS DO NOT REPRESENT THE TRACK RECORD OF THE METHODOLOGY ORIGINATOR, STUDENTS, OR SUBSCRIBERS. THIS ALSO MEANS THERE IS NO GUARANTEE THAT ONE APPLYING THIS METHODOLOGY AND SIGNALS WOULD HAVE THE SAME RESULTS AS POSTED. SINCE TRADING FUTURES, SUCCESSFULLY, DEPENDS ON MANY ELEMENTS INCLUDING BUT NOT LIMITED TO A TRADING METHODOLOGY AND TRADER'S OWN PSYCHOLOGY, The WINNING EDGE S&P AND FOREX STRATEGIES COURSES, MANUALS, AND SIGNALS DO NOT MAKE ANY REPRESENTATION WHATSOEVER THAT ABOVE MENTIONED TRADING SYSTEM, STRATEGIES, SIGNALS MIGHT BE OR ARE SUITABLE OR PROFITABLE FOR YOU. NO IMPLICATIONS IS BEING MADE THAT ANYONE UTILIZING THE WINNING EDGE S&P AND FOREX STRATEGIES HAS OR CAN OBTAIN SUCH PROFITS AND RESULTS. 

FURTHER NOTE ON FOREIGN EXCHANGE RISK  DISCLOSURE:
 FOREIGN EXCHANGE TRADING IS RISKY. THE HIGH LEVEL OF VOLATILITY WITHIN THE FOREIGN EXCHANGE MARKET, PARTICULARLY WITHIN INTRADAY MARKET, AND THE ABILITY TO LEVERAGE YOUR POSITIONS MEANS THAT LOSSES CAN BE QUICK AND SIGNIFICANT.  IT IS POSSIBLE TO LOSE YOUR TOTAL INVESTMENT. CONVERSELY, TRADING FOREIGN EXCHANGE ON MARGIN CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR ALL INVESTORS. SINCE YOU CAN LOSE OF YOUR INITIAL INVESTMENT, BEFORE DECIDING TO INVEST AND TRADE FOREIGN EXCHANGE MARKETS, YOU SHOULD CAREFULLY CONSIDER YOUR INVESTMENT AND TRADING CAPITAL THAT YOU CAN NOT AFFORD TO LOSE. YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH FOREIGN EXCHANGE TRADING AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISER IF YOUR HAVE ANY DOUBTS.

ALTHOUGH WORDS SUCH AS "COMMISSION FREE TRADING," " NO COMMISSIONS," "COMMISSION FREE," "ZERO COMMISSIONS," ETC. ARE USED THROUGHOUT THE WEB SITE AND MANUALS, YOU SHOULD KNOW THAT YOU PAY FOR THE COMMISSIONS THROUGH THE SPREAD BETWEEN BID AND ASK, WHEN YOU BUY AND/OR SELL A CURRENCY PAIR.

 YOU SHOULD NEVER INVEST MONEY OR TRADE IN FOREIGN EXCHANGE IF YOU ARE LOOKING FOR A STEADY RETURN ON YOUR MONEY THAT YOU CAN NOT AFFORD TO LOSE.  THEREFORE, FOREIGN EXCHANGE TRADING IS ONLY FOR THOSE WHO ARE EXPERIENCED AND/OR HAVE KNOWLEDGE OF THE MARKET AND APPRECIATE THE INHERENT RISK INVOLVED.  ALL POTENTIAL INVESTORS AND TRADERS SHOULD BE CLEAR OF THE RISKS INVOLVED IN FOREIGN EXCHANGE PRIOR TO INVESTING IN THE MARKET. IN FOREIGN EXCHANGE, THERE NO GUARANTEES OF PROFITS AND THERE ARE SIGNIFICANT RISK. YOU SHOULD BE AWARE THAT ANY PERFORMANCE PRESENTED ON THIS WEB SITE IS ALL BASED ON HYPOTHETICAL PERFORMANCE AND THERE US ABSOLUTELY NO GUARANTEE ANY INDICATED SYSTEM CAN PRODUCE ANY SIMILAR RESULTS. THE CFTC (THE UNITED STATES COMMODITY FUTURES TRADING COMMISSION) HAS ISSUED AN ADVISORY TO INVESTORS ON FOREIGN CURRENCY TRADING FRAUD. WE RECOMMEND POTENTIAL INVESTORS AND TRADERS READ THIS ARTICLE AT www.cftc.gov/enf/enfforex.htm .



READ AND ACKNOWLEDGED BY:

BY: MR./MS.. ………………............

DATE: