30- Day Guarantee Terms & Conditions
Nexgen Software Services- Revised June 5, 2022.
- ACCEPTANCE OF TERMS
By accessing, downloading, installing, or using the Nexgen Software Services T3 Fibs ProTrader and or related software program, whether you become a lifetime or lease registered user or not, (“Client”, “User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and fully understood them and or have discussed them with your attorney or legal advisor before signing.
At our sole discretion, we reserve the right to change, modify, or otherwise alter these terms at any time in the future. Your Agreement will not be affected. You may review the software license agreement terms at https://nexgent3.eleview.com/nexgen-software-services-license-agreement/
- CFTC REQUIRED HYPOTHETICAL AND FINANCIAL RISK DISCLAIMER:
Nexgen Software Services (Nexgen) nor any of its employees and or contractors can not and do not make any guarantees to the Client that using Nexgen’s software programs, information, tools, or strategies will result in a profitable outcome. Futures, Forex, Cryptocurrencies, Stocks, Options, or any other type of speculative investment contains substantial risk and is not for every investor. Client acknowledges that they could lose part, all, or more than their original investment when trading leveraged instruments. Risk capital is money that can be lost without jeopardizing one’s financial security or lifestyle. Only risk capital should be used for trading, and only those with sufficient risk capital should consider trading.
You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any content or curriculum is a promise or guarantee of results or future earnings. Nexgen does not offer legal, investment, trading, tax, or other professional advice. Any financial numbers referenced in any of our materials or on our sites are illustrative of concepts only and should not be considered promises for actual or future performance.
Hypothetical performance results have many inherent limitations, some of which are described below. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown; in fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program.
One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical or simulated trading does not involve real financial risk, and no hypothetical trading record can completely account for the impact of financial risk of 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 that 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 trading results.
Use caution and always consult your registered or licensed investment advisor, accountant, lawyer, or professional advisor before acting on this or any information related to day trading of Nexgen Software Services Software and methodologies. You alone are responsible and accountable for all your trading decisions, actions, and subsequent results in your day trading, and by your registration here or use of the Software, you agree not to attempt to hold us liable for your trading decisions, actions, or trading results, at any time, under any circumstances. These policies and procedures apply to all Nexgen Software Services products sold on this site or any other site owned by Nexgen Software services that include a link to this page. Nexgen Software Services https://nexgent3.eleview.com/
- Returns and Cancellations
3.1 Software Returns, Non-Subscription Products
Nexgen Software Services guarantees your satisfaction with our training and our software product. If you have satisfied the eligibility requirements set forth below and are not happy with the quality of our training or our software’s efficacy, request a refund for the cost of the software fee. PLEASE NOTE: Nexgen will retain a 7% restocking fee to cover the administrative costs of terminating your 30-day return and software license agreement with Nexgen. By signing this Agreement, you agree that all products and services by Nexgen Software Services and its employees or contractors are for educational and informational purposes only. You agree that nothing on this page, any of our websites, or any of our content or curriculum is a promise, written, verbal via phone call, in person or otherwise implied that guarantees you any results, profits or future earnings, and you agree that Nexgen does not offer you any legal, investment, trading, tax, or other professional advice. You also agree upon signing that you are not relying on any verbal statements or promises made to you that any of the examples taught, financial numbers referenced in any of our materials, or on any of our sites, including illustrative concepts, will guarantee you any results or future earnings only. You agree that nothing offered by Nexgen will be considered a promise for actual or future performance.
Eligibility requirements are subject to the terms and conditions below
You agree that during your first 30-day period, from the date of purchase you agree to not trade real money in any account or accounts you control. Any violation of the live money trading policy will result in the forfeiture of your rights to request a refund. You will be required to use the simulated trading environment included in the trading platforms Nexgen Software Services supports at the signing of this Agreement.
- By signing this Agreement, you agree that participating in your education is the requirement for refund eligibility. Educational eligibility requirements will be satisfied by executing a minimum of 40 trades on the simulator and or through the market replay feature in Ninja Trader. You agree to annotate the rules for your trade on each picture taken and submit a minimum of 40 trend trades for analysis and feedback from the Nexgen educators during your first 30-day period after purchase. Trend trades are to be executed in accordance with 13-2, 5-1 chart trend trade rules outlined in the user guide, and only those trades following the criteria outlined in the first 30 days conservative and consistent section found here. https://nexgen-software-services.gitbook.io/new-client-syllabus-building-a-foundation/the-first-30-days-conservative-and-consistent
- You acknowledge that failure to execute, annotate, and submit 40 trades in the online educational classroom during normal classroom hours of 9 am ET through Noon ET Monday through Friday, or via private or small group session will result in your forfeiture eligibility to receive a refund. In the event you are not able to participate in the online education during normal business hours of 9 am EST – Noon Monday – Friday, your salesperson will make arrangements for a Nexgen educational staff member to give you one on one or small group feedback and analysis via Zoom, Skype, or email means to satisfy your 40 simulated trades requirement.
- Money-back guarantee will only cover the software fee paid for a lifetime license. Your refund will be for the price paid for lifetime software minus a 7% restocking fee. If a refund is requested, Client acknowledges they will only receive 93% of the original purchase price, minus sales tax, as the total sum to be returned to the Client.
- The 30-day money-back guarantee does not apply for short or long-term leases made to the Nexgen software.
- Client must pay for the total cost of the lifetime software at the time of purchase to be eligible for the 30-day money-back guarantee.
- After a valid refund request submitted via email to firstname.lastname@example.org is received, the refund process will take no less than one business day and no more than ten business days. All refunds will be returned to the original credit card OR- mailed in check form to the billing name and address. International orders will be refunded to the original credit card, and PayPal orders will be credited back to the PayPal account. If a wire was made for payment and wishes to receive a wire as a refund, the Client agrees to cover Nexgen’s bank fees and the cost of wiring the refund back to the original Client’s bank account and the 7% restocking fee.
- You have THIRTY (30) Days from the original purchase date to return the product / cancel your service to receive your refund. After the THIRTY (30) DAY time limit, any return request will not be processed and denied.
- Valid proof of a refund request should be in the form of an email submitted to email@example.com by the Client. Upon granting a refund, Nexgen may require proof that the software program has been removed and or deleted from the computer and can no longer be accessed.
3.2 Trials and Digital Products
Free Trials: Your T3 Fibs ProTrader may start with a free trial. The free trial period of the software will last at least 5 full business days following an installation or as otherwise specified during sign-up and is intended to allow new and former members to try the service.
Trial Billing: We will charge your Payment Method for your lifetime purchase and or any monthly membership fee at the end of the free trial period. Your membership will automatically renew unless you cancel your membership before the free trial period ends. You are required to cancel any services by emailing firstname.lastname@example.org. Nexgen will not accept verbal or implied cancelations.
Billing Cycle for leases: The membership fee for the Nexgen Software Service software services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged monthly to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is canceled. We generally will not but may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
Cancellation: You may cancel your Nexgen Software Services lifetime ownership and request a refund during the first 30 days after purchase. You may cancel any lease or monthly membership during the term of your lease; however, no refunds are made on leased products. If a software lease is canceled, Client will continue to have access to the Nexgen Software Services software service through the end of your monthly billing period. Nexgen DOES NOT provide refunds or credits for any partial-month membership periods. If you cancel your membership, your account will automatically close at the end of your current billing period. You may cancel via email to email@example.com and we will terminate your service on the day we receive the email.
- Refunds will not be given to any one customer more than once. There is an unlimited number of orders that a customer can place for one specific product. Still, the money-back guarantee is void after using the refund or a particular product.
- Nexgen Software Services will terminate the Software through digital means such as a license validation server. However, Nexgen reserves the right to inspect the computer, via our technical support department LogMeIn support software, that the Software was installed on and validate that Client has removed the Software if a refund is requested.
- Terms of Subscription Renewal
Trial members will NOT receive a notice from us that your trial period is ending or that the paying portion of your membership has begun. Nexgen will continue to bill your Payment Method monthly for your membership fee until you cancel. To cancel your subscription, submit a request to firstname.lastname@example.org.
Monthly Nexgen Software Monthly subscriptions automatically renew each month at the stated retail price until the subscription buyer notifies the company that they wish to cancel. Leases are not eligible for a 30-day money-back guarantee.
Yearly Annual leases of Nexgen Software Services T3 Fibs ProTrader will not be notified via email prior to renewal, and the yearly subscription will automatically renew each year at the stated retail price until the subscription buyer notifies the company that they wish to cancel in writing to email@example.com. Leases are not eligible for a 30-day money-back guarantee.
- Nexgen Software Services purchases
You have THIRTY (30) Days from the date of the original software purchase to review the training and use of the Software and educational room. Any refund requests after the THIRTY (30) DAY time limit will not be processed.
No refunds will be processed after the 30 days have expired.
5.1 Nexgen Software Services T3 Fibs ProTrader leases (any length of time)
By signing this Agreement, you agree that Nexgen Software Services does NOT give 30-day money-back guarantees on leases.
LIMITATION ON LIABILITY.
THE NEXGEN EDUCATIONAL ROOM AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NEXGEN EDUCATIONAL ROOM LIVE STREAM, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NEXGEN EDUCATIONAL ROOM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE NEXGEN EDUCATIONAL ROOM LIVE STREAM WILL BE UNINTERRUPTED OR ERROR-FREE.
Nexgen Software Services is not responsible for any problems or technical malfunction of any network or lines, online computer systems, servers, or providers, computer equipment, software, failure of any email or redemption to be received by Nexgen Software Services on account of technical problems or traffic congestion online or on the Internet or at any Web site, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading any materials consistent with this Agreement or subsequent use of any Nexgen Software Services.
- Your Account- Your right to a refund is non-transferable
GRANT OF LICENSE. Subject to the terms and conditions of the software license Agreement, NEXGEN grants LICENSEE a non-exclusive, non-transferable, perpetual, independent license to use the Software. Please see the end-user license agreement for complete details. https://nexgent3.eleview.com/nexgen-software-services-license-agreement/ Client agrees that the 30-day money-back guarantee is not eligible for transfer to a third party. To protect our Client’s purchase, Nexgen Software Services will never issue a refund credit to a third party for the Client’s purchase. If you cannot receive your refund, please get in touch with us at firstname.lastname@example.org, and we will work with you to find a solution.
- Nexgen Educational Chat Room Notice
We want people to feel safe and comfortable posting trades when using our online educational room. For that reason, we’ve developed a set of community guidelines outlined below. These policies will help you understand what type of sharing is allowed in our group and community and what content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.
- Traders and Clients of all skill levels are welcome here.
We have members of all skill and experience levels. Nexgen’s educational online chat is designed to cater to new users of the Software to build a minimum skill level using Nexgen’s programs that will result in an understanding of the basic application and use of the Software.
- Keep it respectful
Comments that are inappropriately negative, rude, or attacking will be deleted or removed, or we will ask you to revise your thoughts and statements. Everyone is here to learn and grow to be a better day trader, so anything said or anyone violating this basic decency rule will be removed at our sole discretion.
- No pitching to the group
We have a strict ‘no shopping for customers’ policy in our online chat room. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave, and your chat room access may be irrevocably revoked. Nexgen clients are your peers, not your leads.
- No gated content
Content posted in the groups cannot be used to harvest leads in any way. If you need feedback or a review of your trading ideas or questions, please, post the screenshot and ask for help.
- Respect confidentiality
Content gathered in our online community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
- Keep it on topic
We reserve the right to remove posts based on off-topic content or offensive content. Nexgen supports everyone’s right to freedom of religion and political views, however, Nexgen does not support nor allow you to express those views in our educational room so please refrain from religion or political conversations. Keep day trading front and center while using the online room.
- Partnering with other members
Access to this group does not mean that Nexgen Software Services endorses any of its current or past members’ trading rules or methodologies. Please be cautious and do your due diligence when partnering with anyone in the group – do not assume everyone is trustworthy and a good fit to help you in your trading. If you are looking for help implementing the information that Nexgen teaches, please ask a Nexgen employee and we will be happy to help you.
- Report posts that are breaking group policies
Due to the large number of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a questionable post, please report it, tag our community manager in the comments, or reach out to our community manager directly via private message so our team can review them.
- Breaking the rules
Three warnings for rule-breaking behavior will result in a 7-day removal from the group. After the 7-day period, you are welcome to rejoin the group on a 30-day probation. If you break the rules again during your probation, you will be permanently removed from the community or group, and your ability to rejoin may be revoked permanently.
- INTELLECTUAL PROPERTY and ARBITRATION AGREEMENT
As a Nexgen Software user, you agree to be bound by the end-user license agreement. Copies of all agreements will be made available to you when signing to the email you provide on the site when accepting the agreements. You may also view the license agreement here. https://nexgent3.eleview.com/nexgen-software-services-license-agreement/
ARBITRATION: LICENSEE and NEXGEN agree to submit any claim or dispute arising from or related to this Agreement to binding arbitration with American Arbitration Association (“AAA”) pursuant to the AAA Rules for Intellectual Property. The Arbitration shall be conducted by one arbitrator and shall be final and binding upon both LICENSEE and NEXGEN. The arbitrator might not award either LICENSEE or NEXGEN attorney fees or expenses related to bringing an arbitration pursuant to a claim or dispute of this Agreement. Provided, however, each party shall retain the right to seek injunctive relief with a court of competent jurisdiction for violations of this Agreement that meet the standard for a temporary restraining order as provided for pursuant to Florida law. Any arbitration hearing shall be conducted in Sarasota County, Florida.
Personal Checks -Nexgen will take them under the following conditions
- All orders using personal checks will be held for 10 business days. Software used for orders placed with a check will be held for up to 10 business days at Nexgen’s discretion. After 10 business days, the order will be released.
- All returned checks will be charged a $25 return check fee.
- Checks and money orders must be in USD funds.
Customer Service: If you have questions or comments regarding Nexgen Software Services products, please email us at email@example.com or call us at 941-312-7599 or send a post to 3514 Tangier Terrace, Sarasota FL. 34239