LICENSE SERVICE - TERMS AND CONDITIONS

MPOWER TRADING SYSTEMS, LLC


LICENSE SERVICE - TERMS AND CONDITIONS

BY USING THIS SERVICE YOU SIGNIFY YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:
IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, PLEASE CLICK ON THE "I Agree" BUTTON BELOW. THIS SHALL SERVE AS YOUR AGREEMENT AND UNDERSTANDING PRIOR TO SIGNING INTO THE PRODIGIO SOFTWARE BY MPOWER TRADING SYSTEMS, LLC. By depressing on the "I Agree" button below, you are verifying your name, user account number, User ID and Password as indicated, and you agree that:

  • i. You have read and understand all of the terms and conditions set forth below; and
  • ii. You intend to form a legally binding and valid contract under which you will be bound by all of the terms and conditions set forth below.

License Service- Terms and Conditions Agreement

BY USING THIS SERVICE YOU SIGNIFY YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS:

SPECIAL NOTICE TO BETA USERS:

YOU ACKNOWLEDGE THAT THE SOFTWARE AND PLATFORM YOU ARE ABOUT TO USE IS IN BETA TESTING AND OPERATION AND MAY NOT WORK AS INTENDED.

Welcome to Prodigio (www.prodigiorts.com) by mPower Trading Systems, LLC. mPower Trading Systems, LLC ("mPower") is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. mPower Trading Systems, LLC and its directors, officers and Executing Broker Firm affiliates ("Executing Broker") are explicit beneficiaries of these terms and conditions and shall have all rights, preferences and privileges of mPower and Prodigio hereunder. As used herein, the "Platform" refers, collectively, to mPower, Prodigio, Executing Broker and the Prodigio Software.

We have developed these Terms and Conditions to govern your use of prodigiorts.com and mpowertrading.com and the Prodigio trading software by mPower. We, along with our affiliates, partners and advertisers, provide content and services to you subject to the following Terms and Conditions. Your use of our site tells us that you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and mPower Trading Systems, LLC, regarding your use of prodigiorts.com and mpowertrading.com and the Prodigio trading software by mPower. If you do not agree with any of these terms, please exit prodigiorts.com and/ or Prodigio and do not use the service.

Both prodigiorts.com and mpowertrading.com provide educational and informational subscriber-based services via the internet. The platform DOES NOT advise any of its clients (or anyone else) to buy, sell or hold positions in any specific securities or engage in any specific investment strategies. To receive any form of mPower's software, you must first establish an account with Prodigio at prodigiorts.com by completing all applicable account registration documentation. Accounts may be cancelled at any time by either mPower, Prodigio or You.

Registration
Certain areas of Prodigio, prodigiorts.com and Executing Broker may require that you register as a subscriber (a "Subscriber Client") or otherwise ask you to provide certain personally identifiable information before you will be permitted to download the trading software, participate in certain features, and/or access certain Content. The decision to provide any required personally identifiable information is strictly optional for you. However, if you elect not to provide such information, you may not be able to download the educational trading software, access certain Content or features or participate in various areas of Prodigio, prodigiorts.com, mPower, mpowertrading.com, Executing Broker or its website. You may also be asked to provide information to mPower in other contexts, including, for example, in order to enter a sweepstakes or promotion.

When you register as a Subscriber Client or provide information to Prodigio, prodigiorts.com or mpowertrading.com in any other manner, you agree to provide only true, accurate, current and complete information. You also agree to maintain and promptly update this information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, then mPower, Prodigio and/ or Executing Broker have the right to suspend or terminate your account and deny you further access to Executing Broker, Prodigio and prodigiorts.com. You may not use a name other than your own legal name (except in those specific areas of Prodigio and prodigiorts.com that specifically ask for unique, fictitious names, e.g., User ID's or Passwords). You agree that Prodigio, prodigiorts.com, mpowertrading.com and Executing Broker may use the information that you provide to us in accordance with the mPower Privacy Policy.

As a Subscriber Client of Prodigio, prodigiorts.com, mpowertrading.com, Executing Broker and Executing Broker's website, you agree to accept sole responsibility for all activities and transactions that occur under your User ID or Password, and agree that you will not sell, share, redistribute, transfer or assign your User ID or Password or any of your rights under these Terms and Conditions. You will be solely responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer so that others may not access Prodigio, prodigiorts.com , mpowertrading.com and Executing Broker or use the Prodigio Software under your name. mPower, Prodigio and Executing Broker reserve the right to suspend and/or terminate the accounts of Subscriber Clients and deny access to Executing Broker, Prodigio and prodigiorts.com to any person who violates these Terms and Conditions.

Your User ID, Password and account MAY NOT be transferred to or shared with anyone else.

Billing/ Cancellation /Refund Policy:

Billing Policy:
All monthly subscriptions are billed and charged on the subscriber's sign-up date. A monthly subscription period consists of a billed and charged 30 consecutive calendar days. All subscriptions will automatically roll over into the next 30 day calendar days, commencing from the subscription start date, unless canceled prior. Subsequent monthly charges will be processed on the 1st day of every recurring 30 calendar day subscription period. Subscription software license fees and optional real-time exchange data fees will be debited in advance for the upcoming month and cannot be prorated or refunded for any reason.

Cancellation Policy:
You may cancel your subscription at any time, at least two (2) days prior to the end of your monthly subscription by returning to www.Prodigiorts.com and logging in to your account. Upon login you will select the User Profile link. Next you will select the Cancel Subscription tab, the Cancel Subscription tab will permit cancellation of services. An email confirmation from sales@Prodigiorts.com must be received by you within 24 hours confirming cancellation of services or your service may not be canceled. If you do not receive a confirmation email please contact us immediately at support@prodigiorts.com. Upon a cancellation request, your subscription will continue through the 30th day of the subscription period but future billing and charges will be canceled.

Refund Policy:
All subscription sales for Prodigio software license fees and optional real-time exchange data fees are final and no existing or previous month fees will be refunded. Subscription software license fees and optional real-time exchange data fees will be debited in advance for the upcoming month and cannot be prorated or refunded for any reason.

Subscription Delivery Policy:
Your Prodigio subscription authentication will be delivered to the email registered in the registration and subscription form. Your Prodigio authentication link will be included in your subscription confirmation email. If you register for a subscription, please allow approximately 2 hours for delivery of the subscription email. To inquire about your order status or activation, please contact sales at sales@Prodigiorts.com for assistance.

No Advice Given
None of Prodigio, prodigiorts.com, mPower, mpowertrading.com or Executing Broker provides tax, legal, trading, accounting, planning, financial, investment or other advice of any kind to any party. Neither Prodigio nor mPower is a broker or registered investment adviser. mPower through Prodigio attempts to help you interpret the marketplace and provides you with technical indicators so that you may train yourself to become a better trader and investor. Prodigio, and mPower are a trading platform the services of which consist mainly of the provision to you of a sophisticated platform which you, as a self-directed or professional trader or investor, may use to make and execute your own trading decisions. Prodigio, mPower and Executing Broker and their employees and agents are not authorized to give you any such advice, and you agree that you will not solicit or rely upon any such advice or purported advice from any such employee or agent, whether in connection with transactions in or for any of your accounts, or otherwise. You acknowledge and agree that if you receive any such advice or purported advice from any employee or agent of Prodigio, mPower or Executing Broker or any of their respective affiliates, it was improperly given to you, should not be relied upon, you will totally disregard it, and, if you do not, you fully assume the risk of following or relying upon any such advice or purported advice. You further acknowledge and agree that you have independently evaluated Prodigio, mPower and Executing Broker and the other services you intend to use. You agree and acknowledge that your use of or reliance upon any trading or execution strategies or transactions designed, programmed or implemented through Prodigio, mPower or Executing Broker or other services provided by Prodigio, mPower or Executing Broker or their affiliate shall be at your sole discretion and risk, regardless of any information, examples, tutorials, user education documentation, training, consulting services, comments, guidance, charts, indicators, graphs, simulated performance reports, strategy techniques, or other analyses obtained in any form from Prodigio, mPower or Executing Broker or any of their officers, directors, employees or agents, or from accessing or using Prodigio.

The information and commentaries provided on Prodigio, prodigiorts.com, mpowertrading.com and Executing Broker or its website are not an endorsement or offering or recommendation of any stock transaction or investment strategy. They are provided for informational and educational purposes only and are not intended as trading or investment advice or a recommendation that any particular security, transaction, or investment strategy is suitable for any specific Subscriber Client. Neither mPower, Prodigio, Executing Broker nor their respective officers, directors, employees and affiliates will have any liability for your investing or trading activities that utilize the principles disclosed on Prodigio, prodigiorts.com, mpowertrading.com and/ or Executing Broker's website. It is strongly suggested that you consult with a qualified investment professional or certified financial advisor prior to engaging in any transactions. It is also recommended that you consult with a qualified tax consultant or qualified tax adviser prior to engaging in any transactions as there may be significant tax issues which may impact your particular financial situation.

None of Prodigio, mPower or Executing Broker advises its Subscriber Clients or any other person to buy, sell or hold positions in specific securities or to engage in any specific investment strategies. Further, mPower does not receive any form of payment or other compensation for publishing information, news, research or any other material concerning any securities on our website, nor do we publish any information on our website that is intended to affect or influence the value of securities.

Copyright
All of the information, content, services and software displayed on, downloaded from, transmitted through, or used in connection with prodigiorts.com, mpowertrading.com and Executing Broker website, including, for example, directories, guides, articles, opinions, reviews, text, data, photographs, images, illustrations, audio clips, video, html, source and object code, the look and feel of the software and the website, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by mPower and its affiliated companies and licensors. mPower and Executing Broker actively protects their rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms and Conditions.

You may use the Prodigio trading software by mPower and Content online, but only for your personal and/or limited commercial use (as authorized by mPower Trading Systems, LLC.), and you may download the trading software and download or print a single copy of any portion of the Content for your personal and/or limited commercial use (as authorized by mPower), provided that you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may NOT distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the prior written consent of mPower, Prodigio and Executing Broker.

Requests to use the Content for any purpose other than as permitted in these Terms and Conditions should be directed to mPower Trading Systems, LLC. Please contact mPower at the address listed below under the heading "Contact Us." In certain cases, you may be able to obtain a license to use Content that appears on prodigiorts.com and mpowertrading.com through an online vendor that we have specifically designated as authorized to license Content on our behalf.

Copyright Complaints
mPower respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of any infringing material placed by any third party on prodigiorts.com and mpowertrading.com, please contact us at the address listed below under the heading "Contact Us."

Trademarks
The Content includes logotypes, trademarks and service marks (collectively, "Marks") that are owned by mPower, Prodigio, Executing Broker and their affiliated companies, and Marks owned by other information providers and third parties. None of mPower's, Prodigio's or Executing Broker's Marks may be used in any manner unless approved in advance by mPower, as applicable.

Access and Interference, Links to, and Frames of, prodigiorts.com and mpowertrading.com
If you operate a website and wish to link to prodigiorts.com and/ or mpowertrading.com, you may link only to the home page - www.prodigiorts.com and not to any other page or sub-domain of prodigiorts.com and mpowertrading.com. You may not frame or use framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of prodigiorts.com and mpowertrading.com without the prior written consent of mPower. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes provided by mPower, Prodigio or accessible through prodigiorts.com, and mpowertrading.com, not to insert any code or product or manipulate the content of prodigiorts.com and/or mpowertrading.com in any way that affects the experience of the user or effects the functionality of prodigiorts.com and/or mpowertrading.com, and not to use any data mining, cancel bots, Trojan horses, or any other data gathering or extraction methods in connection with your use of prodigiorts.com and/ or mpowertrading.com.

You agree that you will not use any robot, spider or other automatic device or manual process to monitor or copy our web pages or Content or for any other unauthorized purpose without the prior written permission of mPower and Prodigio. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of prodigiorts.com, mpowertrading.com and Executing Broker's website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Further, you agree not to engage in any unauthorized framing, linking or deep-linking to prodigiorts.com, mpowertrading.com and Executing Broker's website without the prior written consent of mPower, Prodigio and Executing Broker. Any violation of these restrictions will result in the immediate termination of service to you with possible legal action to prevent further violations.

You acknowledge that, as a service to users of prodigiorts.com, mpowertrading.com and Executing Broker's website, from time to time, we may include links to other websites on the internet and that mPower, Prodigio and Executing Broker have no control over, and makes no representations of any kind whatsoever regarding, the content or appropriateness of any content on such websites, and you hereby irrevocably waive any claim against mPower, Prodigio and/or Executing Broker with respect to such websites.

Further, mPower, Prodigio and Executing Broker explicitly disclaims any responsibility for the accuracy, content or availability of any information found on any third party websites that link to prodigiorts.com, mpowertrading.com and Executing Broker. mPower, Prodigio and Executing Broker are not and cannot be held responsible for the accuracy, copyright compliance, legality and/or decency of material contained on third party websites. We also cannot provide you any representations or warranties as to the security of any information (including, but not limited to, credit card and other personal information) that you might be asked to provide to any third party. You hereby irrevocably waive any claim against mPower, Prodigio and/or Executing Broker with respect to any third party websites.

User-Created Content
By placing material on, or communicating with, mPower, Prodigio and/or Executing Broker, including, for example, communication during registration, communication on any prodigiorts.com or mpowertrading.com bulletin board or message or chat area, posting any testimony, resumes or photographs, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant mPower and Executing Broker, and their affiliates and related entities, including prodigiorts.com and mpowertrading.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information that you provide to us, in any form, media, software or technology, of any kind or character, whether now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize mPower, Prodigio and Executing Broker to include the information that you provide in a searchable format that may be accessed by users of prodigiorts.com, mpowertrading.com and Executing Broker's website and other mPower and Executing Broker's websites. You also grant mPower, Prodigio, Executing Broker and their affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use, reproduction and/or distribution of such material, and also grant mPower, Prodigio and Executing Broker the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication that you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for providing you with additional compensation of any kind.

Accuracy of Information; Prohibited Postings & Comments
Neither mPower, Prodigio nor Executing Broker represents or warrants the accuracy, completeness or timeliness of any statements made or any information, data or Content provided on or through prodigiorts.com, mpowertrading.com, Executing Broker's website, nor in any other notifications or publications distributed by mPower, Prodigio, Executing Broker or by any client or other third party or user of prodigiorts.com, mpowertrading.com and/or Executing Broker's website. None of the information provided by mPower, Prodigio or Executing Broker replaces your need to independently research any securities that may be mentioned on prodigiorts.com and/or mpowertrading.com (or elsewhere), and you agree to reach your own independent conclusions about any investment decision concerning securities mentioned on prodigiorts.com, mpowertrading.com and Executing Broker's website or by mPower, Prodigio and/or Executing Broker.

The use of offensive, defamatory or objectionable language (as determined solely by mPower or Prodigio) on prodigiorts.com and/or mpowertrading.com or the posting of copyrighted or other protected material that may infringe upon the rights of others is not permitted. mPower or Prodigio may cancel the subscription of any Subscriber Client who fails to observe these restrictions.

You can be held liable for any illegal or prohibited content that you provide to prodigiorts.com and mpowertrading.com, including, but not limited to, illegal comments or materials, obscene, threatening or defamatory language, information invasive of the privacy of others, information that infringes the intellectual property rights of others, or other materials injurious to third parties, mPower, Prodigio or Executing Broker. You can also be held liable for materials consisting of or containing software viruses, political messages, commercial solicitations, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content.

Communications with Third Parties Through the Sites
Your dealings or communications through prodigiorts.com, mpowertrading.com and/or Executing Broker's website with any party other than mPower, Prodigio or Executing are solely between you and that third party. For example, certain areas of mpowertrading.com or prodigiorts.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will mPower, Prodigio or Executing Broker be liable for any goods, services, resources or content available through such third party dealings or communications, or for any damages related thereto. Please review carefully the policies and practices of that third party and make certain that you are comfortable with those policies and practices before you enter into any transaction with that third party. Any complaints, concerns or questions that you may have relating to materials provided by a third party should be addressed solely to that third party.

Caution: Risk Disclosure
You acknowledge that Active Trading and/ or Auto ("Automated") Trading is highly risky and you may lose significant sums of money, possibly more than in your account. Active Trading (as defined below) presents a number of unique and specific risks as well as the typical market risks associated with trading or investing in securities in general. Accordingly, you are cautioned that the aforementioned trading methods and any other types of trading may not be suitable activities for you. Anyone who uses these or any trading methods does so at their own risk and is fully aware of these special risks as well as other risks associated with trading and investing in securities. You are solely responsible for your investment decisions.

Day trading, intraday trading, automated trading and active trading (hereinafter collectively referred to as "Active Trading") can be extremely risky. You should be prepared to lose all of the funds that you invest in this type of trading. You should not fund your trading activities with retirement savings, student loans, second mortgages, emergency funds, education funds, borrowed funds, or funds required for day-to-day living expenses. As a Subscriber Client, you understand and agree that you will not fund your account with such risk adverse capital.

Active Trading potentially carries large rewards, but it also carries large potential risks. Active Trading is not suitable for all investors. You alone, and NOT mPower, Prodigio or Executing Broker assume the cost and risk of any trading activities that you choose to undertake. In addition, the purchase of securities on margin dramatically increases the risks associated with Active Trading. Past performance does not predict future results. You are solely responsible for the cost and risk of any trading activities that you choose to undertake.

Active Trading requires complete knowledge of the Executing Broker's (the "brokerage firm's") operations and knowledge of the Prodigio Software operations. You as the investor should be familiar with a securities firm's (the "brokerage firm's") order execution systems, procedures, and should confirm that the Executing Broker (the "brokerage firm") has adequate systems to accommodate Active Trading. You are solely responsible for determining whether the Prodigio Software and/or the Executing Broker's software is adequate and right for you to accommodate Active Trading.

None of mPower, Prodigio, Executing Broker or their respective officers, directors, employees or affiliates make any representation of any kind that your trading activities will result in profits. mPower, Prodigio and Executing Broker cannot guarantee that you will not lose some or all of your money. Projections or other information regarding the likelihood of various investment outcomes are hypothetical in nature and are not guarantees of future results. You acknowledge and agree that all trading decisions must be determined by you alone or by you and your qualified investment professional or certified financial advisor. The risk of loss in trading equities can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your individual financial condition. You are solely responsible for your investment decisions and the cost and risk of any trading activities that you choose to undertake.

One common side effect of Active Trading is a high level of commission expenses. This can significantly add to your losses and reduce your earnings. Any examples used that discuss trading profits or losses may not take into account trading commissions or fees. Active Trading on margin or short selling may result in losses beyond your initial investment. When you trade with funds borrowed from your brokerage firm or another source, you can lose more than the funds that you originally invested. A decline in the value of any securities that you purchased, or an increase in the value of securities shorted on margin, can lead to a margin call on those securities. Please refer to the Executing Broker's (the "brokerage firm's") Margin Disclosure Statement for more information about the risks of trading securities in a margin account. You acknowledge that you understand the significant and inherent risk of Active Trading and the inherent risk of trading on margin with borrowed funds or short selling, may result in losses beyond your initial investments, and you agree that you are solely responsible for the cost and risk of any trading activities that you choose to undertake.

You acknowledge that the Prodigio Software and Platform you are about to use is in Beta Testing and Operation and may not work as intended. You acknowledge that you are solely responsible for determining whether the Prodigio Software is adequate and right for you to accommodate your trading. By accessing and using the Prodigio Platform (the "Platform"), you acknowledge and agree that you, and you alone are solely responsible for your investment decisions and the cost and risk of any trading activities that you choose to undertake.

Client Risks and Responsibilities
You acknowledge and agree that (i) all securities and financial markets are subject to various implicit and explicit risks, NONE of which can be controlled or influenced by mPower, Prodigio or Executing Broker, (ii) neither mPower, Prodigio nor Executing Broker approves, endorses or is responsible for any instructions or trade authorizations given by or on behalf of you, including through any on-line trading under your log-on and (iii) submission by You of instructions, rules, conditions and strategies to or through the Platform does not ensure that such instructions, rules, conditions and/or strategies will generate an actual order. You are solely responsible for your investment decisions and the cost and risk of any trading activities that you choose to undertake.

You further acknowledge and agree that all investment decisions that you may make, including decisions that take into account or rely on any information provided or made available on the Platform, are yours and yours alone and are made solely at your own risk.

You the Subscriber Client acknowledge and agree that (i) you are a sophisticated and experienced investor, (ii) you have significant experience in automated trading, (iii) you will be using the Platform of your own volition, and (iv) you understand and agree that you will solely bear the risk of your own trading activities. You acknowledge and agree that you are solely responsible for your investment decisions and the cost and risk of any trading activities that you choose to undertake.

You also agree to bear complete responsibility for your investment research and decisions and acknowledge that mPower, Prodigio and Executing Broker have not and WILL NOT make any specific recommendations or provide advice that should be relied on by you or any of its Subscriber Clients. You acknowledge and agree that you are solely responsible for your investment decisions and the cost and risk of any trading activities that you choose to undertake.

Representations
I, the Platform Subscriber Client user (the "Platform User") acknowledge that Active Trading is highly risky and I may lose significant sums of money, possibly more than in my account. I represent and warrant to mPower, Prodigio and Executing Broker that (i) I understand the risks of all trading activities I conduct, (ii) I am able to bear the loss of my entire account value, (iii) I am a sophisticated and experienced investor, (iv) I have significant experience in automated trading, (v) I will be using the Platform of my own volition (vi) I am fully and solely responsible for my investment decisions and the cost and risk of any trading activities that I, or my trading account choose to undertake, (vii) I acknowledge that I understand the significant and inherent risk of Active Trading and Automated ("Auto") Trading and the inherent risk of trading on margin with borrowed funds or short selling, and that it may result in losses beyond my initial investment, and I agree that I am solely responsible for the cost and risk of any trading activities that I choose to undertake, (viii) I acknowledge that mPower, Prodigio and Executing Broker HAVE NOT and WILL NOT make any specific recommendations or provide advice to me that should be relied on by me or any of its Subscriber Clients, (ix) I acknowledge and understand the Prodigio Software and Platform I am about to use is in Beta Testing and Operation and that it may not work as intended, and I am solely responsible for my investment decisions and the cost and risk of any trading activities that I choose to undertake, (x) I alone have determined whether the Prodigio Software is adequate and right for me to accommodate my trading, and (xi) I am fully and solely responsible for my trading decisions and losses.

I, the Platform Subscriber Client user (the "Platform User") acknowledge and agree that by accessing and using the Platform, I consent to and agree to be bound by the foregoing Terms and Conditions herein. By accessing and using the Platform, I consent to and agree to the Prodigio Software Platform Terms and Conditions and, I hereby acknowledge, understand and agree that (i) In NO EVENT will mPower, Prodigio or Executing Broker, or any of its officers, directors, employees, agents, affiliates, content providers or other suppliers, be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from my use of the Platform and/or any other products or services provided in connection with the Platform or for any other claim related in any way thereto, even if advised of the possibility of such damages, and (ii) In NO EVENT shall mPower's, Prodigio's or Executing Broker's total liability to ME, the Platform Subscriber Client user for all damages, losses and causes of action exceed the greater of One Thousand Dollars ($1,000.00) or the amount that I paid for the Platform service during prior twelve (12) months, if any, or for accessing this website, the Platform or using the information provided.

Trading Disclaimer
The Platform cannot guarantee that trades will be executed as desired since idea generation does not equal execution. Among other factors, market movements and volume will impact the ability to execute trades as desired. The materials and information in and provided on prodigiorts.com and mpowertrading.com are not, and should not be construed as, an offer to buy, sell or hold any of the securities identified on the website. mPower, Prodigio and Executing Broker make no claims of performance results of any kind, neither stated in the service, nor on our website. mPower, Prodigio and Executing Broker make no representation of any kind, neither stated in the service, nor on our website, that any account will, or is likely to, achieve profits, losses or similar past performance of any kind. Because of the nature of trading activities, the results of trading activities may fluctuate from month to month and from period to period. The Platform does not warrant that trading methods or systems presented in their services or the information therein will result in profits or losses. You acknowledge that the software and platform you are about to use may not work as intended.

Due to the nature of communications, technology systems, order processing, and other factors involved in automated and/or algorithmic trading functions and processing, customer orders may be processed with delays that may not occur if a customer enters an order directly themselves without using automated and/or algorithmic trading. You the Subscriber Client acknowledge that you are responsible for any and all risks associated with automated and/or algorithmic trading, including without limitation, requirements for additional funds and errors of electronic and market systems and processes. You the subscriber client using automated and/or algorithmic trading are expressly agreeing to Executing Broker's and/or Prodigio's handling of orders as described in these Terms and Conditions. You acknowledge that the software and platform you are about to use may not work as intended.

Automated and/or algorithmic orders may be subject to rejection for multiple reasons, including but not limited to, erroneous system rejection, potential unsettled fund violations, day trade violations, or additional regulatory violations that, if closed instantly, would place trading restrictions in the account. You the Subscriber Client acknowledge and agree to review and monitor your daily activity and positions frequently.

The materials and information in and provided on prodigiorts.com and mpowertrading.com are not, and should not be construed as, an offer to buy, sell or hold any of the securities identified on the website. None of Executing Broker, Prodigio or mPower makes any claims of performance results of any kind, neither stated in the service, nor on our websites. Because of the nature of trading activities, the results of trading activities may fluctuate from month to month and from period to period. Past performance results obtained through prodigiorts.com, mpowertrading.com and Executing broker's website should not be viewed as an indication of future performance and do not guarantee similar results in the future. No representation is being made that any account will, or is likely to, achieve profits or losses similar to those shown. None of Executing Broker, Prodigio or mPower warrants that trading methods or systems presented in their services or the information herein, or purchased from advertisers will result in profits or losses.

SPECIAL PLATFORM NOTICE: YOU ACKNOWLEDGE THAT THE SOFTWARE AND PLATFORM YOU ARE ABOUT TO USE IS IN BETA TESTING AND OPERATION AND MAY NOT WORK AS INTENDED.

Paper Trading
mPower, Prodigio and Executing Broker strongly suggests that you extensively and frequently review and test all information and trading methodologies provided at prodigiorts.com and mpowertrading.com and through the software by first extensively paper trading or conducting some other form of testing. By doing so, you can learn, practice, internalize, test and evaluate the trading methods that are taught without putting your capital at risk. You should be aware that paper trading contains certain inherent limitations and is substantially different than trading with real funds. For example, various factors present in actual trading are not present in paper trading, including "slippage" due to poor purchase or sale executions, internet problems, data discrepancies, and client error. Unlike an actual performance record, simulated results do not represent actual trading. Further, since the trades have not actually been executed, the results may have under compensated or overcompensated 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.

Trading by principals or agents of mPower, Prodigio or Executing Broker
As a Subscriber Client, you acknowledge that principals and agents of mPower, Prodigio and Executing Broker will frequently hold positions in securities that may be opposed to or the same as securities held by or desired to be held by you. mPower and Executing Broker officers, directors, employees, affiliates and clients are prohibited from engaging in practices such as "front running" (the purchase or short sale of securities prior to publishing an opinion in the hopes that the seller can exit a position as the client is entering theirs) because they are illegal. mPower will at all times maintain a professional and ethical training and informational environment, abiding by all established laws, rules and regulations.

Disclaimer
You expressly understand and agree that the use of the Prodigio Platform is at your own sole risk and that Active Trading and/ or Auto Trading is extremely risky. You, the Subscriber Client, acknowledge that you are a sophisticated and experienced investor and that you will be using the mPower and Prodigio Systems of your own volition and you understand and agree that you will solely bear, and you are able to bear, the risk of your own trading activities. All Content available through the Platform is provided on an "AS IS", "AS AVAILABLE" basis, without warranties of any kind, either expressed or implied. None of mPower, Prodigio, Executing Broker or any of their affiliated or related companies, or any of its or their employees, agents, Content providers or licensors, makes any representation or warranty of any kind regarding the Platform, the Content, any advertising material, or the results that may be obtained from use of such services or websites. mPower, Prodigio and Executing Broker make no warranty that the Platform will meet your requirements, be uninterrupted, timely, secure or error free, or that the Platform or the server that makes it available are free of viruses or other harmful components or destructive files.

mPower, Prodigio and Executing Broker specifically disclaim all warranties, express, implied or otherwise, regarding the Platform and all content, services or products provided on, through or in connection with the Platform, including, but not limited to, the warranties of merchantability and fitness for a particular purpose, warranties against infringement, and warranties as to the availability, accuracy, completeness or content of any information, products or services available on, through or in connection with prodigiorts.com and mpowertrading.com. Neither mPower, Prodigio nor Executing Broker assumes any responsibility, and neither shall be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Platform, or your downloading of any software, materials, data, text, images, video, or audio from mpowertrading.com. THE SERVICES AND PLATFORM AND ANY INFORMATION, DATA, CHARTING, TECHNICAL ANALYSIS OR OTHER TRADING STRATEGY TOOL PRODUCTS, SERVICES OR PLATFORMS ARE PROVIDED ON AN AS-IS, WHERE-IS, AS-AVAILABLE BASIS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, TIMELINESS, TRUTHFULNESS, SEQUENCE, COMPLETENESS, ACCURACY, OR FREEDOM FROM ERROR OR INTERRUPTION), OR ANY IMPLIED WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, MPOWER, PRODIGIO AND EXECUTING BROKER SHALL NOT HAVE ANY LIABILITY TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES OR LOSSES OF ANY KIND, EVEN IF YOU HAVE INFORMED THEM OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LOSSES. IN ALL MATTERS YOU HEREBY AGREE THAT ANY CLAIM FOR PUNITIVE DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT, IF ANY, PERMITTED BY THE RULES OF THE FINRA AND/OR THE RULES OF THE ARBITRATION FORUM WHERE THE CLAIM IS HEARD AND OTHER APPLICABLE LAWS.

SPECIAL PLATFORM NOTICE: YOU ACKNOWLEDGE THAT THE SOFTWARE AND PLATFORM YOU ARE ABOUT TO USE IS IN BETA TESTING AND OPERATION AND MAY NOT WORK AS INTENDED.

Limitation of Liability
By accessing and using the Prodigio Platform, you consent to, and agree to mPower's, Prodigio's and Executing Broker's entire liability and your exclusive remedy with respect to the use of the Platform and/or any other products or services provided by mPower, Prodigio, prodigiorts.com and/ or mpowertrading.com in connection with the Platform will be the cancellation of your account with mPower and Prodigio.

By accessing and using the Prodigio Platform, you consent to, and agree to In NO EVENT will mPower, Prodigio or Executing Broker, or any of its officers, directors, employees, agents, affiliates, content providers or other suppliers, be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the Platform and/or any other products or services provided in connection with the Platform or for any other claim related in any way thereto, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions mPower's, Prodigio's and FIRM Name’s liability will be limited to the greatest extent permitted by applicable law.

By accessing and using the Prodigio Platform, you consent to, and agree to In NO EVENT shall mPower's, Prodigio's or Executing Broker's total liability to YOU for all damages, losses and causes of action exceed the greater of One Thousand Dollars ($1,000.00) or the amount that you paid for the Platform service during prior twelve (12) months, if any, or for accessing this website or using the information provided.

By accessing and using the Platform, you consent to and agree to be bound by the foregoing Terms and Conditions herein. By accessing and using the Platform, you consent to and agree to the Prodigio Software Platform Terms and Conditions and, you hereby acknowledge, understand and agree that (i) In NO EVENT will mPower, Prodigio or Executing Broker, or any of its officers, directors, employees, agents, affiliates, content providers or other suppliers, be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages arising from your use of the Platform and/or any other products or services provided in connection with the Platform or for any other claim related in any way thereto, even if advised of the possibility of such damages, and (ii) In NO EVENT shall mPower's, Prodigio's or Executing Broker's total liability to YOU for all damages, losses and causes of action exceed the greater of One Thousand Dollars($1,000.00) or the amount that you paid for the Platform service during prior twelve (12) months, if any, or for accessing this website or using the information provided.

Indemnification
You agree to indemnify, defend and hold harmless mPower, Prodigio, Executing Broker and their respective officers, directors, employees, agents, affiliates, content providers and other suppliers from and against any and all claims, causes of action, lawsuits, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, arising out of or relating to: (a) your use of the Platform; (b) prodigiorts.com’s and mpowertrading.com's use of any Content or information you provide, as long as our use is not inconsistent with these Terms and Conditions; (c) information or material posted or transmitted through your account as a Subscriber Client, even if not posted by you; and (d) any violation by you of the these Terms and Conditions. The foregoing indemnification obligation includes, but is not limited to, any claim that you infringed the intellectual property rights of any third party that directly or indirectly result from or are attributable in any way to any your access to, use of or posting of material or content on or through prodigiorts.com and mpowertrading.com.

If any provision of the foregoing indemnity or agreement should be rendered invalid for any reason, these Terms and Conditions shall be deemed to be modified or superseded, as the case may be, and the balance of these Terms and Conditions shall in all respects continue in full force and effect.

Force Majeure; Potential Technical Problems
mPower, Prodigio and Executing Broker will not be liable or deemed to be in default for any delay or failure of the Platform that results, directly or indirectly, from acts of God, electronic failure, lack of internet access or anything else beyond its control. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required to access and use the Platform or any related services, and for all communications service fees and charges that you may incur in connection with those activities. mPower, Prodigio and Executing Broker do not warrant that your use of the Platform will be uninterrupted or error-free, that the information contained on or distributed from this website is completely accurate, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. By using the Platform, you, not mPower, Prodigio, Executing Broker or their officers, directors, employees or affiliates, assume the entire risk and cost of servicing, repairing and/or correcting your computer hardware and/or software that may occur after you use this website.

International Users
www.prodigiorts.com and www.mpowertrading.com is controlled, operated and administered by mPower Trading Systems, LLC from its offices in the United States. mPower makes no representation that materials or Content available through prodigiorts.com and mpowertrading.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use prodigiorts.com and/ or mpowertrading.com or export any Content in violation of U.S. export laws, rules and/or regulations. If you access prodigiorts.com or mpowertrading.com from a location outside the United States, you are responsible for compliance with all local laws, rules and regulations.

Miscellaneous
mPower and Prodigio may modify, suspend, discontinue or restrict the use of any portion of prodigiorts.com and mpowertrading.com, including the availability of any Content at any time, without notice or liability. mPower, Prodigio and Executing Broker may deny access to any person, client or user at any time for any reason. In addition, mPower and/ or Prodigio may at any time transfer or assign its rights and obligations under these Terms and Conditions to any affiliate, subsidiary or business unit of mPower or Prodigio, or to any of their affiliated companies or divisions, or any entity that acquires mPower or Prodigio or any of their respective assets.

These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law provisions. You agree that any lawsuit brought against mPower or Prodigio must be filed in a federal or state court located in Montgomery County, Pennsylvania, within one (1) year of the time that the events giving rise to that lawsuit began, or any claim that you may have against mPower and/ or Prodigio relating to those events will be waived by you. If for any reason any provision of these Terms and Conditions is found to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of these Terms and Conditions will continue in full force and effect. Any failure of mPower and/ or Prodigio to enforce or exercise any provision of these Terms and Conditions or related right shall not constitute a waiver of that right or provision. The section titles used in these Terms and Conditions are purely for convenience and carry no legal or contractual effect. If your relationship with mPower and/ or Prodigio should terminate for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to mPower, indemnification, limits on liability and all other provisions for which survival is equitable or appropriate.

Business Sale or Transfer
As mPower, Prodigio and Executing Broker continue to develop their respective business; they could potentially sell or buy websites, products, services or technology. In such transactions, information about customers (including Subscriber Clients) is generally one of the assets transferred business assets. Also, in the event that mPower or substantially all of its assets are acquired by a third party, customer information (including information about Subscriber Clients) will be one of the transferred assets. By subscribing to prodigiorts.com and/ or mpowertrading.com, you agree to any such transfer and to reasonably cooperate with any such transfer.

Comments
We welcome the submission of comments, information or feedback through or about prodigiorts.com and mpowertrading.com. You agree that the information submitted will be subject to the mPower Privacy Policy.

Your Consent To These Terms and Conditions
By accessing and using the Prodigio Platform (the "Platform"), you consent to and agree to be bound by the foregoing Terms and Conditions. If we decide to change these Terms and Conditions, we will make an effort to contact you to tell you about the changes (typically by e-mail) and we will post the changes on prodigiorts.com and mpowertrading.com so that you will always be able to understand the Terms and Conditions that apply to your use of the Platform. Please note that your use of the Platform will be governed by the Terms and Conditions that were in effect at the time of your use.

You acknowledge and Agree that any use and/ or continued use of the Platform by you, after any amendment of , or existing within, the Terms and Conditions shall constitute acceptance to be bound by all amendments to the Terms and Conditions, regardless if you, or a Subscriber Client has actually reviewed them.

Contact Us
To contact MPower Trading Systems, LLC, please use the following:
mPower Trading Systems, LLC
521 West Lancaster Ave.
Haverford, PA 19041
Attn: Customer Care - Website Issues
telephone: 610-552-0099
facsimile: 610-552-0192
email: support@prodigiorts.com

Copyright 2008 - 2018 mPower Trading Systems, LLC. All Rights Reserved.