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. CTSForex.com is not responsible for
communication failures or delays when trading via the Internet. The
possibility exists that you could loose all your money. CTSForex.com is
not responsible for any losses that you may incur while you are using
its software or services.
Any opinions, news, research, analyses, prices, or other information
contained on this website are provided as general market commentary,
and do not constitute investment advice. CTSForex.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.
ServiceContract
This
Services Contract is a valid
legal agreement between CTSForex, Inc. and you, the individual or
single entity ordering CTSForex's services ("Services"). This Agreement
governs your purchase and any use of CTSForex's Services ordered by you.
CTSForex reserves the right to reject this Agreement for any reason
prior to acceptance. Activation of the Services will indicate
CTSForex'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 CTSForex confirming
that a CTSForex trading system is running on your Forex trading account.
NOT TRANSFERRABLE
You agree that the CTSForex service is not transferrable. 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 CTSForex
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. CTSForex.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.
CTSForex 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
CTSForex website is subject to change at any time without notice. All
service signup 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 CTSForex by you, and you agree to
indemnify and hold CTSForex harmless from any claims by third parties
resulting from your use of our web hosting services. CTSForex may elect
at its sole discretion to monitor some, all or none of your web
activities for adherence to this agreement. At all times, CTSForex
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 CTSForex
from any and all demands, liability, penalties, losses, damages, costs,
claims, expenses, attorneys' fees asserted against CTSForex, 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, CTSForex, or any other
party or parties without limitation or exception.
DATA ENCRYPTION
Although CTSForex collects your personal data through its secure
servers via industry standard methods, CTSForex assumes no
responsibility for the effectiveness of any encrypted data, nor will
CTSForex guarantee that an encryption algorithm will be indecipherable,
and data visibly transmitted. CTSForex makes no claims or warranties
regarding the viability, integrity or invincibility of the encryption
used, nor will CTSForex accept responsibility for the success or
failure of the secure server to properly protect clients personal data.
Therefore by using CTSForex’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
CTSForex provides the services "as is" without warranty of any kind. In
the event that CTSForex provides you with products in conjunction with
other services, CTSForex also provides those products "as is" without
warranty of any kind, whether express or implied. CTSForex disclaims
all implied warranties, including the implied warranties of
merchantability or fitness for a particular purpose. In no event shall
CTSForex be liable for any direct, consequential, loss of profit,
special, exemplary or punitive damages, even if CTSForex 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, CTSForex 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. CTSForex will not be responsible for any damages
that your forex trading account may suffer. CTSForex makes no
warranties of any kind, expressed or implied, for services we provide.
CTSForex 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 CTSForex and its employees. CTSForex reserves the right to
revise its policies at any time.
BILLING PROCEDURES
Subject to the acceptance of this Service Agreement and Acceptable Use
Policy, CTSForex 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
CTSForex stating that a trading system is running on your Forex trading
account. You agree to immediately notify CTSForex of any unauthorized
uses of the account or any other breaches of security. CTSForex 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 CTSForex 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)
CTSForex 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 InniSoft your
credit card information, you authorize CTSForex 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
CTSForex, 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 CTSForex, 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. CTSForex 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
CTSForex's policies and prices are subject to change without notice.
Any price changes become effective in the next billing cycle. CTSForex
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.
CTSForex Inc.reserves the right to cancel any account, at any time,
without notice, for any reason CTSForex Inc considers appropriate.
CTSForex Inc. will not be held responsible for Service Outages
resulting from non CTSForex operated equipment including, but not
limited to, Internet NAP failures or congestion (MAE East, MAE West,
etc.) and non CTSForex backbone failures, telephone circuits between a
POP and the customer location any networks or network equipment not
owned or controlled by CTSForex 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 CTSForex
"policies" causing a machine to fail as a result. Finally, CTSForex
will not be held liable for Service Outage damages resulting in the
loss of prospective profits or anticipated earnings from using
CTSForex’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 CTSForex 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.
CTSForex reserves the right to cancel service at any time if a
violation of any policy occurs.
OUR RIGHTS
CTSForex 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 cancelled 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
CTSForex 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
CTSForex'S MAXIMUM LIABILITY EXCEED TWO HUNDRED ($200.00)
DOLLARS. ALL RESELLERS
OF CTSForex MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY
TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
MODIFICATIONS
CTSForex 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.