Service Agreement
This is a legal agreement (the “Agreement”) between you (either an individual or an entity) (“Subscriber”) and EC Trader Financial Service Inc. British Columbia, Canada limited liability company (“EC Trader”) regarding your use of certain parts or all of the EC trader’s services (“The Services”). This Agreement will remain in effect until it is termination. Carefully read this Agreement before subscribing The Services. BY CLICKING THE “I agree the ‘Service Agreement’ ” Check Box, Subscriber INDICATES ITS UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND IS ENTERING INTO A BINDING LEGAL CONTRACT.
1.Subscription.
Subject to the terms and conditions of this Agreement, in exchange for the fees paid to EC Trader by Subscriber, EC Trader hereby grants to Subscriber a non-exclusive, non-assignable and non-transferable limited use of The Services according to the terms and restrictions set forth in this Agreement and subject to the payment by Subscriber to EC Trader of the necessary fees as specified by EC Trader.
EC Trader reserves the right to make any changes on The Servicess including, but not limited to, fees and modifications of the software without prior notification.
2.Restrictions on Use.
Subscriber shall not copy, reprint, reproduce, duplicate or modify any part of Service or assist any other party in doing so either during or after the term of this Agreement. Subscriber agrees, during the term of this Agreement, not to create or attempt to create, by reverse engineering, reverse assembling, reverse compiling, decompiling or otherwise, source programs or materials that simulate or perform similar functions to those in The Services or information made available to Subscriber under this Agreement.
Subscriber shall not, at any time, lease, license, transfer, publish, disseminate, or disclose The Services or any part or component of The Services thereof or any output derived from the use of The Services, in whole or in part, in any form or by any means (including, but not limited to, any public trading forum or website) to any third party, except to execute trades in Subscriber’s own brokerage account.
3.Liability for Unauthorized Use.
Subscriber acknowledges that any unauthorized use or disclosure of The Services will diminish the value of EC Trader and will cause irreparable and continuing damage to EC Trader for which an adequate legal remedy will not exist. Accordingly, Subscriber stipulates that, if it breaches any of its covenants in this Agreement, EC Trader will be entitled to an entry by a court having jurisdiction of an order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, in addition to all other remedies available at law or equity.
4.Disclaimer of Warranties.
Subscriber acknowledges that EC Trader makes no representations concerning the suitability of The Services for use by the Subscriber, and that Subscriber should determine for himself or itself whether, and to what extent, the use of The Services is suitable for the Subscriber. Subscriber further acknowledges and understands that EC Trader makes no claims, guarantees, promises or warranties to Subscriber, either express or implied, of any nature with respect to The Services, thereof, or to the use thereof as to the results or output of the use of The Services; or as to any condition, quality, performance, correctness, accuracy, profitability, predictiveness, timeless, or reliability thereof. EC Trader makes no claims, guarantees, promises or warranties to Subscriber with respect to any profits from trading on the basis of, or in reliance on, The Services or the use thereof.
5.Damages.
Neither EC Trader nor its employees, officers, managers, members, or directors, shall be liable for any damages or claims, including, but not limited to special, direct, incidental, lost profits, diminution in value, property, consequential or other damages for any type of damage, however caused, or under theory of liability, whether based in contract, tort (including negligence), strict liability, patent infringement, trade mark infringement, copyright infringement, or otherwise and regardless of whether either party has been advised of the possibility of such damage, arising out of or in connection with the use or performance of The Services. This exclusion shall apply despite any effect in documentation or other materials contained in The Services or service furnished to Subscriber by EC Trader in connection therewith, and this exclusion shall likewise apply even if EC Trader has been advised of the existence or a possibility of any defect, or such damages or claim.?
6.Support and Modification.
EC Trader agrees to provide Subscriber with reasonable telephone technical support during the period of subscription of The Services. EC Trader agrees, but is not obligated, to advise Subscriber of any modifications, neural network retrainings, enhancements and updates to The Services.
7.Speculative Nature.
Subscriber acknowledges and understands the speculative nature of Forex Market and recognizes the high degree of risk involved in participating in such markets, with or without the use of The Services. The risk is presented even with the use of a trading systems or trading tools like The Services which does not eliminate the risk, or guarantee profits or the avoidance of losses. While this risk can be managed and even reduces, it can never be eliminated. Given this risk, it is not prudent or advisable to participate in the Forex trading that are beyond your financial means or involve trading capital that you are not willing and capable of losing.
Material prepared for The Services is believed to be reliable, but EC Trader does not guarantee its accuracy or validity, nor is EC Trader responsible for any errors or omissions which occur. The trading signals or trading strategies provided by The Services do not imply or otherwise constitute a performance guarantee. All trading signals and trading strategies are based on data and sources believe to be reliable, but accuracy and completeness cannot be guaranteed.
Subscriber acknowledges and understands that buy/sell signals and trading strategies provided by The Services are tested based upon historical data of price activities. It is expressly understood that neither this service agreement nor any statement, presentation, or any promotional materials Subscriber has reviewed or any other oral or written statement or representation made by EC Trader or its agents or representatives makes no guarantee of its representation relating to performance of The Services.
Furthermore, hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually 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 profits or losses similar to those shown.
8.Hold Harmless; Indemnification; Release; Covenant Not to Sue.
Subscriber acknowledges it is fully aware of the hazards and risks, including financial risks, associated with trading in Forex and the use of The Services. In part consideration of the Subscriber granted herein, Subscriber agrees to release, indemnify and hold harmless EC Trader, its successors, affiliates and assigns, and each of their respective officers, members, managers, directors, employees, contractors, insurers and agents (collectively, the “Releasees”), and waives with respect to each Releasee, and covenants not to sue any Releasee for, any and all liabilities, claims, demands, actions, causes of action, damages, losses and expenses (including, but not limited to, attorneys’ fees and costs) of any nature whatsoever (collectively, the “Liabilities”) arising out of or in connection with Subscriber’s use of The Services or trading decisions. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any Releasee in connection with The Servicess or the promotion or marketing thereof.
9.Term.
This Agreement shall remain in effect until terminated by one or more of the following occurrences:
a)Breach by Subscriber of any term or condition of this Agreement; provided that, except as set forth below, EC Trader shall give Subscriber written notice of such termination at the last known business address of Subscriber. If Subscriber fails to cure such breach within ten (10) days after such notice, Subscriber shall immediately cease all use of The Services.
b)Without notice, upon breach by Subscriber of any of the conditions set forth in Sections 3 or 4 above.
10.Refund.
All sales are final. Neither of the subscription fee nor the initial setup fee has refund after Subscriber engaged in this service agreement and paid the fees. .
11.Construction.
Section headings and pronouns are included solely for convenient reference and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
12.Entire Agreement.
The parties agree that this Agreement is the entire Service Agreement between them governing the use of The Services by the Subscriber and supersedes any proposal or prior agreement, oral or written, or any other communications between them relating to the subject matter hereof. It cannot be changed by any oral statements, but only by an agreement in writing signed by both of the parties. Subscriber further acknowledges and agrees that Subscriber entered into this Service Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by EC Trader that are not set forth in this Agreement. Subscriber FURTHER ACKNOWLEDGES THAT Subscriber HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF Subscriber’S CHOICE, UNDERSTANDS Subscriber’S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT AND THAT THE USE BY Subscriber OF THE SERVICES SERIVCE IS AN ACCEPTANCE BY THE Subscriber OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.