Terms of Service

OVERVIEW

This website is operated by KISS ORDER FLOW. Throughout the site, the terms “we”, “us” and “our” refer to KISS ORDER FLOW. KISS ORDER FLOW offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and/or software. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services or software. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or software following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Use of the Website is limited to persons who are eighteen (18) years of age or older. The Website is not directed to persons under the age of 18 and the policy of KISS ORDER FLOW is NOT to knowingly collect any personal information from persons under the age of 18. If you are under the age of 18, you should leave the Website without providing any information about yourself.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse sales or service to anyone for any reason at any time.

Unless otherwise noted, the design of the Website, the Website and all materials that are part of the Website and Services (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by KISS ORDER FLOW or its subsidiaries and affiliates. You acknowledge and agree that any Content used in connection with the Website or Services, including any software accessible through the Website or Services, contains KISS ORDER FLOW proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. This Agreement does not limit any rights that KISS ORDER FLOW may have under trademark, trade secret, copyright, patent or other laws.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of our software, use of the software, or access to the software or any contact on the website through which the software is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SOFTWARE AND PRICES

Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or interruption of the Software.

SECTION 5 – PRODUCTS OR SERVICES

We have made every effort to display as accurately as possible the colours and images of our software that appear on this website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. 

We do not warrant that the quality of any software, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - PRODUCT LICENCE

Our products are created for Ninja Trader, an industry-leading trading platform. A valid and active licence is required in order to have access to updates, support and downloads. You may not claim intellectual or exclusive ownership of any of our products, modified or unmodified. You may not resell, share or publish your licence for this product. We may later add support for other platforms by working with other programmers. Licences are non-transferable to other platforms.

SECTION 7 - UPGRADES, UPDATES AND FIXES

We may from time to time provide upgrades, updates and fixes at our discretion. It is your responsibility as a licence owner to update the software and apply the upgrades, updates and fixes at your sole discretion. Updates and fixes shall be provided free of charge.

SECTION 8 - PRIVACY

The software, without additional notice, will check for a correct Ninja Trader Machine ID to verify that your Licence is valid to use the software. It will also, from time to time, periodically check for updates and report anonymous error details to improve the software.

SECTION 9 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our software will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the software will be accurate or reliable.

You expressly agree that your use of, or inability to use, the software is at your sole risk. The service and all products and services delivered to you through the software are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall KISS ORDER FLOW, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - REFUNDS

The licence to use the software is provided on an intangible goods basis and therefore you are not entitled to a refund, rebate, competition or restitution for any reason whatsoever, even if the software contains material flaws. All sales are final and non-refundable.

SECTION 11 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless KISS ORDER FLOW and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SECTION 12 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 13 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 14 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 15 – GOVERNING LAW

These terms and conditions are governed by English and Welsh law and both You and Us hereby submit to the non-exclusive jurisdiction of the English and Welsh courts.

SECTION 16 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us via our contact page.