TERMS OF USE AND SERVICES AGREEMENT
1. Agreement. InfiniTrade,
Inc. (hereinafter referred to as "Infinitrade") is a software development company that has created an Internet based trading platform and information service, which offers foreign currency (FOREX) and other instrument trading signals to its member subscribers, (the “Services”). InfiniTrade licenses its software trading platforms including the “Automated Trading Machine” (ATM) signals generator, and the “Avatar” web based control panel to member subscribers, who are either Self-Directed Traders, or Professional Advisors/Money Managers (using the software on behalf of their clients), through its web sites. By registering as a member subscriber for
these Services, you agree to use the Services under the Terms of Use of
this "Agreement", which can be found on the Infinitrade web site
and which apply to all members and visitors. Please read this "Terms
of Use and Services Agreement" fully, before you subscribe to the
Services. InfiniTrade and its affiliates and representatives, reserves
the right at any time to change the Terms of Use and Services
Agreement on this web site at any time, and by your continuing to use the web site
and/or the Automated Trading Machine and Avatar software
thereafter you agree to be bound by the new version of the Terms of
Use and Services Agreement. If any of the Terms of Use and Services in this
agreement and/or future versions of the agreement are not acceptable to you for any reason, you must terminate
your membership subscription. Whenever new Services are published on the web site or are offered to you, your
use of them will fall under this Agreement unless we
notify you otherwise. In this agreement, the words "we", "Avatar"
"Trading Machine", "Automated Trading Machine(s)", "Infinitrade"
refer to our affiliated products and services and representatives, and the
words "Subscriber", "User", "Member" or "you" refer to you as a
registered subscriber to the Services. This Agreement does not create
any contractual or other legal relationship between you and Infinitrade
or any of its affiliates, other than to
provide the specific Services as described in this Agreement.
2. Description of Services. InfiniTrade licenses its software and information Services to self-directed traders and professional advisors/money managers who subscribe to a trading channel which offers a strategy (or group of strategies) for trading one or more instruments, including FOREX markets. The trading strategy or strategies may incorporate automated computer signal generation using technical indicators and trading algorithms. Some channels may utilize both technical indicator strategies along with fundamentals research, (which includes human interpretation and oversight) to control trade direction and entry and exit prices. The software is designed to broadcast "buy", "sell" and "modify" signals to a Member's trading platform and depending upon the Members self-directed settings, can execute a trade event through their Broker trading account(s). InfiniTrade provides you with its' "Avatar" control panel software, which acts as a bridge between the Automated Trading Machine (ATM) signals generator and your Brokerage account(s). As a member you are at all times in control of these functions and can turn on or off the signal broadcast, trade any signal manually, or have the signals automatically executed through to your broker platform. As a Member you will be able to subscribe to one or more channels that reflect the degree of risk or strategy you wish to employ for your personal trading, and then assign that channel to generate signals for you that you can trade with for those instruments. You can utilize the "Trade Alert" function of the software for manual trade decisions which will provide email and pop-up notifications on your Avatar control panel, or you can turn on the "Trade Assist" function(s) which allows your broker platform to accept the "buy and sell" signals automatically. As a material part of this Agreement you understand and agree that YOU ARE THE TRADER at all times, and in full control of the technology and your broker accounts, including your margin and risk management settings. You can at any time turn off the signals broadcast, open and close trades manually, close or modify any position(s), and add or adjust stop loss settings as you see fit.
3. Service Limitations. All
contents of the Services are provided for general information purposes
only. The software is designed to broadcast information to Members who have subscribed to one or more channels. This information which may include "buy" or "sell" signals, is generated by the software and broadcast to all subscribers of a channel simultaneously. These signals are not specific or particular to any individual member. Infinitrade is not a registered broker-dealer, or a financial advisor.
The Services offered do not provide investment advice.
Opinions, commentary, remarks, recommendations and other features
comprising these Services are for informational purposes only and are
provided without warranty of any kind. If
you wish specific investment opinions or trading advice, and would like to have your trading account professionally managed by a registered investment advisor, you will need to hire a
Commodity Trading Advisor (CTA) registered with the (CFTC) Commodity
Futures Trading Commission who is a member of the National Futures
Association (NFA). Infinitrade is not a CTA, and does not provide
managed accounts, but can assist you in choosing a qualified
professional to provide these services utilizing the Infinitrade technology, should you desire. A registered CTA may be able to assist you with understanding the many risks involved, and help manage your account and the risk accordingly. To find out more about this or arrange for a Managed Account, please contact Member Services.
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IMPORTANT RISK NOTICE - PLEASE READ
By
using any of these Services, you agree that use of the Services is
entirely at your own risk. You understand and acknowledge that there is a
very high degree of risk involved in trading of any kind, especially
FOREX. Only risk capital that you can afford to
lose, should be used to trade. Further you realize that FOREX is
considered the highest risk of any investment or trading endeavor and the losses can be
severe, and you may lose your entire account. Past results of trades
published on
our websites are not indicative of future returns.
We assume no responsibility or liability for your trading and investment
results. By using any information or signals provided as part of our
Services or posted on any of our websites, you assume full
responsibility for any and all gains and losses, financial, emotional or
otherwise experienced, suffered or incurred by you. You should consider all the risks involved before investing any capital. You understand that
it is inevitable that some brokers or broker's platforms will give
different prices. You agree that
it is also possible that by the time any trade
signal or alert reaches you or your broker platform through an automated
signal or alert, the market may have moved against you in either
direction. This is an inherent limitation to the service, and you are
required to use discretion in these instances and be aware when the
price has moved as to whether or not it is still a good trade. The same
applies to closing a trade. When the alert or signal arrives it may not
be exact depending on your platform
and timing or other circumstances, and if it has
moved in either direction this could create a loss. In all instances,
the trading decision is yours to make, and you can accept signals and turn off signals at any time with the control functions provided. Infinitrade, assumes no responsibility
for any trades whether you choose to allow the signal to trade in an automatic (trade assist) mode on your broker platform or (trade
alert) signal only/manual trading mode.
In addition to reading and undertanding the above paragraph, you have read and completely understand the CTFC Risk Disclosure document provided to you by Infinitrade.
By agreeing to use these Services, you understand fully and completely
that your losses can be tremendous and you can lose all your money.You should
consider the risk, and only use funds that you can afford to lose. Do
not trade on any signals or recommendations if you can not afford to
lose all of your capital. Nothing in our website or any Infinitrade
signal or recommendation shall be deemed a solicitation or an offer to
Buy or Sell anything. No representation is being made that any
Trading
account will or is likely to achieve trading profits or
losses similar to those presented on our website. Past
performance is not necessarily indicative of future results or profits. You
must consider the fact that trading is very high risk and in the financial
markets anything is possible and you may incur losses on your account.
Infinitrade does not guarantee
to generate any profits. We also cannot take responsibility for any
losses on your account. The way these Services are structured, you are
the Trader at all times. and in control of your account and whether you wish to accept any trading signal. As such you take sole responsibility to evaluate all
information and trading signals provided by Infinitrade, and any of its
products, and use the Services at your own discretion and risk.
All information we provide is intended as 'trade assistance' only.You always have the ability to turn off the system at anytime and/or modify any trading signal received by you. By
using these Services, you understand and agree that Infinitrade, its
agents, representatives
or employees shall not be liable for any losses of
profits either directly or indirectly as a result of using any of our Services.
Also,
you acknowledge, that any and all information provided by the Service
is obtained from sources believed to be accurate and reliable. However,
due to the number of sources from which information on the Services is
obtained and how the signals are transmitted, along with the inherent
limitations of electronic distribution, there may be delays, omissions,
or inaccuracies in such information. WE DO NOT WARRANT THE ACCURACY,
COMPLETENESS, TIMELINESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR
A PARTICULAR PURPOSE, OF THE INFORMATION PROVIDED BY ANY
SERVICE WE PROVIDE.
4. Membership and Subscription. You
will provide us with accurate and complete registration information and
advise us promptly of any changes. If you do not, we will have the
right to immediately terminate your member subscription and use of the
Service. When you register, you will receive a user name and password
which we may assign or allow you to select. You may not select a user
name which violates anyone's rights or one, we consider in our sole
discretion to be offensive, improper or inappropriate. If you do, we
will have
the right to modify or delete it. You will not give
out user names and/or passwords to any other person. We reserve the
right to cancel your subscription, without refund, if we discover that
your subscription account is being used by more than one person, or if
your username/password has been given to another person.
5. Subscription Prices, Renewal and Cancellation. Unless
otherwise indicated prices may be changed with a 30-day notice. All
members or users of the Services agree to provide a current, valid
credit or debit card, paypal account, or ACH transfer agreement, as a
means to pay for subscriptions and other fees. This card must be in the user's
name, with the billing address of the card matching the users
registration address. Infinitrade will provide a secure means by
which users and subscribers submit their payment information. All
subscriptions
are to be automatically renewed at the end of the
initial term. For example, if the initial subscription is
for 30 days and expires on May 20th, the next expiry date will be June
20th, and so forth every subsequent month. Due to weekends and
holidays, the exact date that the actual renewal transaction is
processed may vary, but the expiry date will be fixed on a
specific day of the month. (Exception: Users whose initial
subscription expires on the 29th, 30th or
31st of the month, will have their subsequent expiry
dates set to the 28th of each month.) Once a monthly subscription is processed on the Users card, the User agrees that this payment is provided on a no refund basis. If
a user wishes to cancel their subscription, they must do so in writing
via email with an Infinitrade representative formally acknowledging
receipt of that cancellation notice. If, for any reason, a charge to the
subscribers card is made after a valid cancellation notice has been
received and acknowledged by Infinitrade, those charges will be
refunded.
6. Performance And Transaction Fees. Infinitrade may add a perfomance and/or transaction processing fees for some of its Subscription channels. This fee will be separate from the monthly software license. You may be asked to enter into a separate agreement that spells out these additional terms and conditions for that particular Subscription.
7.
License to Use. The
Service, and the content and information it provides, are the property
of Infinitrade. You are granted only a limited personal use license to
access, use, display, download, or print the information provided by the
Service solely for your own personal non-commercial use, provided that
it is not modified, and all proprietary notices are kept intact. You may
not reproduce, publish, translate, merge, sell, rent, distribute the
Service or its information, or create a derivative work of the Service
or information on any other web site or as part of any
educational, training or reference materials, post such information to
news groups, mail lists or electronic bulletin boards, or grant access
to the Service to any other person, without prior written consent of
Infinitrade.
8. Access to Service. Infinitrade
and its affiliated and representatives, do not guarantee that access to
or use of the Service will be uninterrupted or error free, and shall
not be liable for any unavailability of the Service. Portions of the
Service may be discontinued, expanded, limited or modified at any time
by us to meet the needs of our subscribers, or for technical or other
reasons, without advance notice or reason.
9. Termination. Infinitrade
reserves the right to cancel your subscription, without refund, if you
are in breach of this Agreement. In addition InfiniTrade also reserves
the right to cancel any subscription for any reason whatsoever with a 10
day email notice.
10. Assignment. This
Agreement is personal to you, and you may not assign this Agreement, or
any of your rights or obligations to anyone, and any such assignment
without our consent shall be null and void. Infinitrade shall have
the right to assign this Agreement to a subsidiary or other affiliate
company.
11. Minors. We do not provide information or Services to minors under any circumstances.
12. Web Site Content Limitations. We
make no guarantees as to the accuracy, thoroughness or quality of the
information on this web site, which is provided only on an "AS-IS" and
"AS AVAILABLE" basis at User's sole risk. Infinitrade shall not be
responsible or liable for any errors, omissions or inaccuracies in the
web site content. The information and trading strategies provided at
this site are neither comprehensive nor appropriate for every
individual. Some of the information is relevant only in the United
States and may
not be relevant to or compliant with the laws,
regulations or other legal requirements of other countries. It is your
responsibility to determine whether, how and to what extent your
intended use of the information and services will be technically and
legally possible in the areas of the world where you intend to use them.
You are advised to verify any information before using it for any
personal, financial or business purpose. The web site content and
services may be modified at any time by us,
without advance notice or reason, and InfiniTrade
shall have no obligation to notify you of any corrections or changes to
any web site content.
13. Third Party Content. Any
testimonials, opinions, advice, product or service offers, or other
information or content made available on or through this web site by
third parties ("Third Party Content") are solely those of their
respective providers and not of InfiniTrade, which does not
guarantee the accuracy, completeness, reliability or usefulness of Third
Party Content. It is the responsibility of the User to evaluate Third
Party Content and InfiniTrade, shall not be liable for any damage or
loss caused by Users'
reliance on or other use of Third Party Content.
14. Materials Posted by Users. By
posting or submitting any material, you will be (a) granting
InfiniTrade, and its affiliates, a world-wide fully paid-up
non-exclusive license to allow your materials to be edited and displayed
by InfiniTrade, on its web site, and accessed by Users, for the
purposes and on the terms in these Terms, (b) agreeing to indemnify and
hold harmless Infinitrade, and its Users from any claim or demand made
by any third party due to or arising out of your materials, and (c)
representing that you
own or otherwise have the right to post the materials,
that the materials are accurate, that use of the materials on the
Infinitrade, web site does not violate any laws, and that the materials
will not cause injury to any person. InfiniTraded, shall have the right
to use your name in connection with your posted materials.
15. Viruses. Infinitrade,
does not guarantee that files available for downloading through its web
site will be free of infection or viruses or other code that may have
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for integrity, security and accuracy of data
input and output, and for maintaining a means external to the site for
the reconstruction of any lost data.
16. Advertisers Are Not Endorsed. Though
we seek to partner with quality companies, we are not responsible for
the claims or representations made by advertisers and sponsors which we
may offer through our websites. Infinitrade, does not review, endorse or
recommend the products or services of any company mentioned on our
site. We will not be liable in any way for damages of any kind resulting
out of the misuse of any personal information or data submitted by you
to an advertiser or sponsor.
17. Links. As
a convenience to Users, the Infinitrade, web site and services
may provide links to other sites or resources. Because we do not review
or have no control over such sites and resources, Infinitrade, shall not
be responsible or liable for use of or reliance on any content,
products, services or information at such sites or resources. Inclusion
of any links does not imply any endorsement, affiliation, approval,
association or sponsorship by Infinitrade, of the linked web sites,
resources,
their operators or owners. When you select a link, you
may be leaving our web site. The information available on third
parties' web sites may have certain restrictions on its use or
distribution which differ from these Terms of Service.
18. Password Protected Areas. Some
areas of the Infinitrade, site ("Password Protected Areas") are
password protected and available only to Users who are registered with
Infinitrade, to have an account. Registration requires Users to
fully complete the account registration process. Infinitrade, reserves
the right to deny or revoke registration or access to Password Protected
Areas for any User. Infinitrade, takes reasonable measures to ensure
the security of the Password Protected Areas but cannot guarantee the
absolute
security of information or communications in such
Password Protected Areas. Users are responsible for maintaining the
security of the password they receive from Infinitrade, and must notify
us if they believe that the security of their password or account has
been breached or subject to unauthorized use. Infinitrade, will not be
liable for any loss or liability incurred as a result of an unauthorized
person using a User's password.
19. Privacy. This
web site may collect personal information from some Users. Because
Infinitrade, respects the privacy of its Users and Members and their personal
information, it has established the Infinitrade privacy policy to
protect your personal information.
20. Communications. When
you visit our web site or send us email, our responses to your
communications will be by e-mail. All agreements, notices and
communications that we provide to you by email will satisfy all legal
requirements that they be in writing and delivered to you. Infinitrade,
will have the right to disclose any email sent by a User, or any
objectionable material, to comply with legal process or to protect the
rights or property of Infinitrade, its customers, suppliers and Users.
21. Member Subscription Services. Although
Infinitrade, offers subscription services in many parts of the world,
certain Infinitrade services may not be available in or suitable for
certain countries or locales. We reserve the right to discontinue or to
make changes to, any of our services at any time without advance notice.
22. Copyrights/Trademarks and Intellectual Property Rights. Infinitrade,
and/or its affiliates are at all times the owner(s) and/or authorized user's of any
trademark, registered trademark and/or service mark appearing on the
websites, and is the copyright owner or licensee of the content and/or
information on the website, unless otherwise indicated. All rights are
reserved. Infinitrade does not grant to you a license to any
content, features or materials you may access on this Website. You may
not download or save a copy of any of the content or screens or emails
except as otherwise provided in this Services
Agreement, for any purpose. You may, however, print a copy of the
information on this Website solely for your personal use or records. If
you make other use of this Website, except as otherwise provided above,
you may violate copyright and other laws. We do not grant any license or
other authorization to any user of its trademarks, registered
trademarks, service marks, other copyrightable material or any other
intellectual property, by including them
on this Website.
23. Disclaimer of Warranty and Limitation of Liability. INFINITRADE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THIS
WEB SITE AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR
CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION
OF CONSEQUENTIAL DAMAGES: IN NO EVENT WILL INFINITRADE BE LIABLE
FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR
INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB
SITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF
INFINITRADE. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY,
STRICT LIABILITY OR OTHERWISE.
EXCLUSION
OF LIMITATIONS AND DISCLAIMERS: BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS
INFINITRADE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW. IN
THE EVENT THAT Infinitrade IS FOUND LIABLE TO YOU FOR DAMAGES FOR
ANY CAUSE WHATSOEVER, THE LIABILITY InfiniTrade WILL BE LIMITED TO IS THE
AMOUNT THAT YOU HAVE PAID FOR THE SERVICES. In no instance will it ever
exceed this amount.
24. General. These
Terms of Services, and any applicable Term of Use and or Services,
constitute the entire agreement between each Subscriber or User and
Infinitrade, governing the Subscriber or User's access to and use of the
web site and its services, and supersede all prior agreements regarding
its subject matter. The Term of Use & Services Agreement shall be governed by
the laws of the State of Washington, United States of America, without
giving effect to any principles of conflicts of laws. Each User hereby
agrees
to the non-exclusive jurisdiction of the courts of
Washington State. The failure by a User or Infinitrade to
exercise any right or to enforce any provision of the Terms of Use &
Services Agreement shall not constitute a waiver of such right or provision. If
any provision of the Term of Use & Service Agreement is found by a court of
competent jurisdiction to be invalid or unenforceable, the court shall
give effect to the intentions reflected in the provision to the degree
possible, and the other provisions
of the Term of Use & Service Agreement will remain in full
force and effect. It is the express will of Infinitrade and each User
that the Terms of Use & Service Agreement and any applicable Term of Use & Service have been prepared in English
25. Force Majeure. Infinitrade
operates its various Services via internet servers managed by
third party vendors. At no time shall Infinitrade be
held liable for delays caused by its servers, network outages or any
performance of these Services caused by circumstances beyond
Infinitrade's control, including acts of God, wars, insurrection, civil
commotions, riots, national disasters, earthquakes, strikes, fires,
floods, water damage, explosions, shortages of labor or materials, labor
disputes,
transportation problems, accidents, embargoes, or
governmental restrictions (collectively 'Force Majeure'). Infinitrade
will make reasonable efforts to reduce to a minimum and mitigate the
effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein, lack of finances will not be considered an event of
Force Majeure nor will any event of Force Majeure suspend any obligation
of customers for the payment of money due.