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Disclaimer/Contract
Disclaimer Information
Before deciding to participate in the Forex market, you should carefully consider your investment objectives, level of experience and risk appetite. Do not invest money you cannot afford to lose.
U.S.
Government Required Disclaimer :
Commodity Futures Trading Commission. Futures and options trading have
large potential rewards, but also large potential risk. You must be
aware of the risks and be willing to accept them in order to invest in
the futures and options markets. Don't trade with money you can't
afford to lose. This website is neither a solicitation nor an offer to
Buy/Sell futures or options. No representation is being made that any
account will or is likely to achieve profits or losses similar to those
discussed on this website. The past performance of any trading system
or methodology is not necessarily indicative of future results.
There is considerable exposure to risk in any off-exchange foreign
exchange transaction, including, but not limited to, leverage,
creditworthiness, limited regulatory protection and market volatility
that may substantially affect the price, or liquidity of a currency or
currency pair. Any transaction involving currencies involves risks
including, but not limited to, the potential for changing political
and/or economic conditions that may substantially affect the price or
liquidity of a currency.
The leveraged nature of Forex trading means that any market movement
will have an equally proportional effect on your deposited funds. This
may work against you as well as for you. The possibility exists that
you could sustain a total loss of initial margin. If you fail to meet
any margin requirement, your position may be liquidated and you will be
responsible for any resulting losses.
CFTC
rule 4.41 :
Hypothetical or simulated performance results have certain limitations.
Unlike an actual performance record, simulated results do not represent
actual trading. Also, since the trades have not been executed, the
results may have under-or-over compensated for the impact, if any, of
certain market factors, such as lack of liquidity. Simulated trading
programs in general are also subject to the fact that they are designed
with the benefit of hindsight. No representation is being made that any
account will or is likely to achieve profit or losses similar to those
shown.
There are risks associated with utilizing an Internet-based trading
system including, but not limited to, the failure of hardware,
software, and Internet connection. InniSofts.com.com is not responsible
for communication failures or delays when trading via the Internet. The
possibility exists that you could loose all your money.
InniSofts.com.com is not responsible for any losses that you may incur
while you are using its software or services.
Any opinions, news, research, analyzes, prices, or other information
contained on this website are provided as general market commentary,
and do not constitute investment advice. InniSofts.com.com is not
liable for any loss or damage, including without limitation, any loss
of profit, which may arise directly or indirectly from use of or
reliance on such information.
The content on this website is subject to change at any time without
notice.
Service Contract
This Services Contract is a
valid legal agreement between
InniSofts.com, Inc. and you, the individual or single entity ordering
InniSofts.com's services ("Services"). This Agreement governs your
purchase and any use of InniSofts.com's Services ordered by you.
InniSofts.com reserves the right to reject this Agreement for any
reason prior to acceptance. Activation of the Services will indicate
InniSofts.com's acceptance of this Agreement. This agreement shall
become effective as of the date of (1) your acceptance of this
agreement, (2) the activation of your account via an e-mail from
InniSofts.com confirming that a InniSofts.com trading system is running
on your Forex trading account.
NOT
TRANSFERABLE :
You agree that the InniSofts.com service is not transferable. Whoever
activates and pays for the account is responsible for that account.
IDENTIFICATION
INFORMATION :
You agree that you as the person legally responsible for use of this
account, are at least 18 years of age. You agree to supply
InniSofts.com with correct information for our records, and you have a
continued obligation to keep this information current. You also agree
that you are an authorized user of any credit card that you supply to
us and agree that we have an obligation to fully investigate any
possible fraudulent credit card use. You also agree that any payment
method used will be valid.
YOUR TRADING ACCOUNT PASSWORD :
Forex trading is high risk and is not for everyone. There are risks
associated with utilizing an Internet-based trading system including,
but not limited to, the failure of hardware, software, and Internet
connection. InniSofts.com.com is not responsible for communication
failures or delays when trading via the Internet. There is always a
possibility of system failure, and trading via telephone is always
available. InniSofts.com shall not be liable for any special, indirect,
incidental, or consequential damages, including and without limitation
to losses, lost revenues, or lost profits that may result from your
trading accounts or the disclosure of your trading password that may
result losses. Past performances are not indicative of future
performance. The content on InniSofts.com website is subject to change
at any time without notice. All service sign up and change requests may
take up to 72hrs.
REFUSAL OR DISCONTINUANCE OF SERVICE :
You hereby agree that any termination or refusal shall not constitute a
breach of contract, or be used as the basis for any other claims,
financial or otherwise against InniSofts.com by you, and you agree to
indemnify and hold InniSofts.com harmless from any claims by third
parties resulting from your use of our web hosting services.
InniSofts.com may elect at its sole discretion to monitor some, all or
none of your web activities for adherence to this agreement. At all
times, InniSofts.com reserves the right to terminate this agreement,
and refuse providing further service to anyone it determines is in
violation or may violate any law.
INDEMNIFICATION
:
You hereby agree to indemnify, defend, save and hold harmless
InniSofts.com from any and all demands, liability, penalties, losses,
damages, costs, claims, expenses, attorneys' fees asserted against
InniSofts.com, its agents, its customers, officers and employees, that
may arise or result from any service provided or performed or agreed to
be performed or causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
InniSofts.com, or any other party or parties without limitation or
exception.
IDENTIFICATION
INFORMATION :
You agree that you as the person legally responsible for use of this
account, are at least 18 years of age. You agree to supply
InniSofts.com with correct information for our records, and you have a
continued obligation to keep this information current. You also agree
that you are an authorized user of any credit card that you supply to
us and agree that we have an obligation to fully investigate any
possible fraudulent credit card use. You also agree that any payment
method used will be valid.
DATA ENCRYPTION :
Although InniSofts.com collects your personal data through its secure
servers via industry standard methods, InniSofts.com assumes no
responsibility for the effectiveness of any encrypted data, nor will
InniSofts.com guarantee that an encryption algorithm will be
indecipherable, and data visibly transmitted. InniSofts.com makes no
claims or warranties regarding the viability, integrity or
invincibility of the encryption used, nor will InniSofts.com accept
responsibility for the success or failure of the secure server to
properly protect clients personal data. Therefore by using
InniSofts.com�s service and being charged for its use, you
assume
any risks that the encryption may be decipherable or your personal data
may not be fully protected at all time.
NO WARRANTIES :
InniSofts.com provides the services "as is" without warranty of any
kind. In the event that InniSofts.com provides you with products in
conjunction with other services, InniSofts.com also provides those
products "as is" without warranty of any kind, whether express or
implied. InniSofts.com disclaims all implied warranties, including the
implied warranties of merchantability or fitness for a particular
purpose. In no event shall InniSofts.com be liable for any direct,
consequential, loss of profit, special, exemplary or punitive damages,
even if InniSofts.com has been advised of the possibility of such
damages, that you incur from the usage of information obtained over the
Internet. Notwithstanding anything here to the contrary, InniSofts.com
shall not be liable for any claim brought for any amounts in excess of
the aggregate of the amounts paid for such account during the 12 month
period prior to the date the cause of action arose. InniSofts.com will
not be responsible for any damages that your Forex trading account may
suffer. InniSofts.com makes no warranties of any kind, expressed or
implied, for services we provide. InniSofts.com disclaims any warranty
or merchantability or fitness for a particular purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by InniSofts.com and its
employees. InniSofts.com reserves the right to revise its policies at
any time.
BILLING PROCEDURES :
Subject to the acceptance of this Service Agreement and Acceptable Use
Policy, InniSofts.com will activate the service upon completion of the
registration process, payment and account validation/approval is
completed. Once your account is opened, you will receive an email from
InniSofts.com stating that a trading system is running on your Forex
trading account. You agree to immediately notify InniSofts.com of any
unauthorized uses of the account or any other breaches of security.
InniSofts.com cannot and will not be liable for any loss or damage from
your failure to comply with this security obligation. You acknowledge
and agree that under no circumstances will InniSofts.com be liable, in
any way, for any acts or omissions by you, including any damages of any
kind incurred as a result of such acts or omissions.
Billing Cycles (Terms)
InniSofts.com billing cycle begins when you receive an e-mail
confirming that a trading system is running on your Forex trading
account. The first month (and all months of service) is payable in
advance, including any set up or extra fee. All payments are due on the
Account Statement Date. The Account Statement Date is the monthly
anniversary of the date the account was activated. If you provide
InniSofts your credit card information, you authorize InniSofts.com to
automatically charge your credit or debit card for charges that apply
to your account. Recurring charges will be posted to your credit card
until such time that you cancel your account in accordance with the
cancellation policy (below). You are responsible for directly updating,
or notifying InniSofts.com, of any changes to your credit card
(including, but not limited to card number, expiration date, billing
address, or card status). Accounts that are five (5) days past due will
be automatically suspended. All past due and unpaid balances are
subject to collection. In the event of collection, you will be liable
for costs of collection including attorney's fees, court costs, and
collection agency fees.
Account Renewals
In order to insure uninterrupted service to your trading account, all
plans will automatically renew at the end of the plan's Billing Cycle.
If you wish to cancel your service with InniSofts.com, you can select
cancellation through Paypal billing service.
Changes/Modification to Subscription Service - users agree to a charge
of $15 USD fee to change from one trading system to another or from one
trading account to another trading account during the duration of their
monthly billing cycle. Users also agree to a charge of $10 USD fee to
change the size of trading lot for their accounts. InniSofts.com will
not be responsible for any losses or profit that may results during the
changes/modification to users trading accounts.
Billing & Pricing Changes & Refund &
Cancellation Policy
InniSofts.com's policies and prices are subject to change without
notice. Any price changes become effective in the next billing cycle.
InniSofts.com does not provide any refund for a registered service that
is cancel prior to the next billing cycle. A cancellation means that no
future rebilling will be charged to the customer's account. All billing
are being handled by Paypal. Cancellation of services does not relieve
the customer from paying any outstanding balance owed on the account.
InniSofts.com Inc.reserves the right to cancel any account, at any
time, without notice, for any reason InniSofts.com Inc considers
appropriate.
InniSofts.com Inc. will not be held responsible for Service Outages
resulting from non InniSofts.com operated equipment including, but not
limited to, Internet NAP failures or congestion (MAE East, MAE West,
etc.) and non InniSofts.com backbone failures, telephone circuits
between a POP and the customer location any networks or network
equipment not owned or controlled by InniSofts.com Inc. Additionally,
Service Outages will not include downtime due to OS (denial of service)
attacks on customer web sites, Acts of God, nor for outside security
breaches, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption
of or delay in transportation, unavailability of interruption or delay
in telecommunications or third party services, including DNS
propagation, domain name registration/transfer/expiration, failure of
third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your
web site. In addition, a client breaking any or terms and conditions in
InniSofts.com "policies" causing a machine to fail as a result.
Finally, InniSofts.com will not be held liable for Service Outage
damages resulting in the loss of prospective profits or anticipated
earnings from using InniSofts.com�s service.
The following policies will apply if you desire to cancel your account:
1) any request for cancellation must be submitted in writing via email
to InniSofts.com and to Paypal no later than ten (10) days before your
account is due. 2) if you send in a cancellation request after your
account became due and was paid, the payment will not be refunded. 3)
all cancellation requests must be done through your Paypal account. 4)
an email saying "please cancel my account" is not enough, as there is
no way to know if the person requesting such cancellation is actually
authorized to do so. 5) any request for cancellation must be submitted
through your Paypal. 6) any account that is terminated due to
violations to our policies will not be refunded the current month of
service.
InniSofts.com reserves the right to cancel service at any time if a
violation of any policy occurs.
OUR RIGHTS :
InniSofts.com has the right to deny business to a customer, if this
customer is: 1) being rude to a member of our staff, 2) attempting to
re-open an account after the user's account has been previously
canceled due to a policy violation, 3) constantly creating problems to
a member of our staff, 4) constantly having billing problems (credit
card denied way too often, checks bouncing, etc), 5) demanding or
expecting in a rude fashion more than what our service provides or what
we can do ("I want your trading software to make X% return for me. Do
it or else", "I want free service because your software was not
profitable last month. I'm the customer and you have to satisfy me. etc
etc).
Always be polite. If you are not, we have the right to no longer
provide you with our service. If we decide to stop providing you
service due to any of these reasons, we'll give you service until the
end of your billing cycle. If we consider the event to be too severe,
the account will be terminated immediately. Note: Such a decision would
be *FINAL*.
DAMAGE OR LOSS OF INCOME OR PROFITS
:
InniSofts.com will not be held liable for any damages or loss of income
or profits resulting from: 1) the use of its service by you or a third
party; 2) service interruptions caused our negligence, or your
negligence, or any other errors or omissions; 3) service interruptions
caused by acts of nature or act of God; 4) any loss of data/files,
caused by delays, non-deliveries or wrong deliveries; 5) planned
outages or partial outages; 6) any conditions which may be indicative
of the Internet as a whole; 7) specific customer's network/personal
computer hardware failure.
PRIOR AGREEMENTS :
This Agreement supersedes all previous representations, understanding
or agreements and shall prevail notwithstanding any variance with terms
and conditions of any order submitted.
APPLICABLE LAW, JURISDICTION, AND SERVICE
:
This agreement shall be governed by the laws of Vancouver, British
Columbia, Canada. If any part of this Agreement is held to be invalid,
illegal or unenforceable, the validity, legality or enforceability of
the remainder of the Agreement will not be affected or impaired in any
way. Regardless of the place of signing this agreement, the client
agrees that for purposes of venue this contract was entered in
Vancouver, British Columbia, Canada British Columbia, Canada and any
dispute will be litigated or arbitrated the courts of Vancouver,
British Columbia, Canada. Furthermore, defendants waive all objections
to venue and acknowledge that venue in any such litigation will be held
Vancouver, British Columbia, Canada. IN NO EVENT SHALL InniSofts.com's
MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00) DOLLARS. ALL
RESELLERS OF InniSofts.com MUST ADHERE TO THE ABOVE POLICIES. FAILURE
TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT
DEACTIVATION.
MODIFICATIONS :
InniSofts.com may amend or otherwise modify this Agreement at any time
and from time to time without notice to you. You will be bound by the
amended Agreement upon your continued use of the Services after the
revised Agreement is posted at this web site. You may determine the
date of posting at the Effective Date section at the end of this page..
Effective Date :
This Service Contract or Service Agreement was last updated on April
11, 2009.