DISCLAIMER, TERMS & CONDITION FOR OUR SERVICES

DISCLAIMER 

**IMPORTANT – PLEASE READ CAREFULLY**

Corporate Identity Names in Document: Trading Artificial Intelligence & portfolio management

 

Risk Disclosure

The information found on the Trading Artificial Intelligence & Portfolio Management. (“TAiPAN”) website was prepared without regard to any particular investor’s investment objectives, financial situation, or needs.  Accordingly, investors should not act on any information in this document without obtaining specific advice from their financial advisors and should not rely on information herein as the basis for their investment decisions.  Futures trading and algorithmic trading involve a substantial risk of loss and is not appropriate for everyone.  No representation is being made that utilizing the algorithmic trading strategy will result in profitable trading or be free of risk of loss.  Before deciding to trade or invest you should carefully consider your investment objectives, level of experience, and ability to tolerate risk.  The possibility exists that you could sustain a loss of some or all of your initial investment.  Only risk capital should be used.

 

Accuracy of Information

The content of this website is subject to change at any time without notice, and is provided for the sole purpose of education and assistance in making independent investment decisions.  TAiPAN has taken reasonable measures to ensure the accuracy of the information contained herein; however, TAiPAN does not guarantee its accuracy, and is not liable for any loss or damage which may arise directly or indirectly from such content or from an inability to access such information, for any delay in or failure of the transmission or the receipt of any instruction or notification in connection therewith.  By using this website, you acknowledge that any recommendations or trading analysis found herein are provided for educational and illustrative purposes only and should not be used in connection with the formation or execution of any trading decisions.  Futures trading and algorithmic trading involve a substantial risk of loss and you should never make a decision based solely on the information found on this website.  TAiPAN reserves the right, in its sole discretion and without any obligation, to make modifications to any portion of the TAiPAN website or publications at any time.

 

Market Research, Reports, and Educational Materials

Any opinions, news, research, analyses, prices, reports, graphs, charts, or other information contained herein is provided for informational purposes only and does not constitute investment advice or recommendations.  TAiPAN 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 any such information.  You acknowledge and agree that you bear responsibility for your own investment research and investment decisions, and that TAiPAN shall not be held liable by you or any others for any decision made or action taken by you or others based upon reliance on or use of information or materials obtained or accessed through use of TAiPAN.

 

Distribution

This information is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation.  None of the services or information referred to herein are available to persons residing in any country where the provision of such services or information would be contrary to local law or regulation.  It is the responsibility of users of this information to ascertain the terms of and comply with any local law or regulation to which they are subject.

 

Performance Results

Past performance results are shown for illustration and example only, are hypothetical and as such have many inherent limitations.  No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.  In fact, there are frequently significant differences between hypothetical performance results and the actual results subsequently achieved by any particular trading technique or methodology.  One of the limitations of hypothetical performance results is that they are prepared with the benefit of hindsight.  In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading.  For example, the ability to withstand losses or adhere to a particular trading program despite trading losses are material factors which can adversely affect actual trading results.  There are numerous other factors related to the markets in general or to the implementation of any specific trading program which can not be fully accounted for in a preparation of hypothetical performance results and all of which can adversely affect actual trading results.

 

No Warranty

All the information, software, content, products and services available from TAiPAN are provided on as “as-is” and “as-available” basis, with no warranties of any kind.  TAiPAN expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and noninfringement.   There are no explicit or implicit warranties of accuracy, timeliness, suitability, or otherwise made by TAiPAN or its affiliates with respect to any information found on TAiPAN website.  By using this website, you agree not to hold TAiPAN, or any of its affiliates, liable for decisions that are based on information contained in posts or otherwise in the chat room.  You further agree not to hold TAiPAN, or any of its affiliates, liable for products or services that are bought based on any recommendations made on the website, or for any partnerships or other dealings that may originate on the forum, private messaging, or any other source.  Futures trading and algorithmic trading involve a substantial risk of loss and is not appropriate for everyone.  Only risk capital should be used.

 

 

 

Third Party Services

TAiPAN does not warrant, represent, or endorse the accuracy or reliability of any of the information, content, advertisements, or third party websites or Third Party Services (as defined in Section 3 of the Trading Artificial Intelligence & Portfolio Management. Service Agreement) contained on, distributed through, or linked, downloaded or accessed from any of TAiPAN websites, nor the quality of any products, information, or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer on or in connection with TAiPAN.  You acknowledge that any use of or reliance upon third party websites or Third Party Services shall be at your sole risk.

 

 

 

SERVICE AGREEMENT

This Service Agreement (“Agreement”) is by and between Trading Artificial Intelligence & Portfolio Management. (“TAiPAN”) and the User of the TAiPAN website and services (hereinafter referred to as “you” or “User”) and governs the use of the TAiPAN website and services (collectively referred to as the “Service”) by User.

1.         Agreement and General Terms of Use

(a)        By accessing the TAiPAN website, User acknowledges and accepts the terms set forth herein.  TAiPAN may modify this Agreement and any related terms of use of the TAiPAN websites, and such modifications shall be effective immediately upon TAiPAN’ posting of the modifications to the “Agreement” and/or “Terms of Use” area of the TAiPAN website.  Use of the TAiPAN website after such revisions constitutes User’s acknowledgment and acceptance of any revisions to the terms of the Agreement.  User is responsible for reviewing the terms of the Agreement each time the TAiPAN website is accessed.

(b)        User agrees to pay the applicable fees, as more fully set forth below, and to take all necessary steps to authorize monthly credit card payments in consideration for the Services provided by TAiPAN.

(c)        User is responsible for the confidentiality and use of his or her login information, including usernames, login names, login passwords, screen names, and any access numbers, names, or associated information.  User is responsible for his or her use of the Service and for any unauthorized third party use of the Service.  User must immediately notify TAiPAN of any loss or theft of user name, login name, login password, or screen name, or any unauthorized use of user name, login name, login password or screen name.  In selecting a user name, login name, and screen name, User may not impersonate any other person or entity, and is prohibited from attempting to communicate anonymously with TAiPAN.

2.                  Disclaimers

(a)        The TAiPAN website is presented for informational purposes only.  Any opinions, news, research, analyses, prices, reports, graphs, charts, links to third party websites, or other information contained herein is provided for informational purposes only and does not constitute investment advice or recommendations.  TAiPAN 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 any such information.

(b)        The information provided on the TAiPAN website is for personal, non-commercial use.  Neither the information nor any opinion contained in the TAiPAN website constitutes a solicitation or offer by TAiPAN or its affiliates and partners to buy or sell any futures, options on futures or securities of any kind or provide any investment advice or service.  The information on the TAiPAN website is not intended to be used as the primary basis of investment decisions.  The TAiPAN website does not provide specific investment advice to any individual viewing the content of the website and does not represent that the services described herein are suitable for any specific investor.

(c)        Trading or investing carries a high level of risk, and may not be suitable for all persons.  Before deciding to trade or invest you should carefully consider your investment objectives, level of experience, and ability to tolerate risk.  The possibility exists that you could sustain a loss of some or all of your initial investment and, therefore, you should not invest money that you cannot afford to lose.  You should be aware of all the risks associated with trading and investing, and seek advice from an independent financial advisor if you have any doubts.  Past performance is not necessarily indicative of future results.

(d)       The information provided on the TAiPAN website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TAiPAN or its affiliates to any registration requirement within such jurisdiction or country.  It is the responsibility of Users of this information to ascertain the terms of and comply with any local law or regulation to which they are subject.

(e)        The information on the TAiPAN website, including any links to third party websites and the content thereon, is not guaranteed as to accuracy, completeness, or timeliness, and such information is subject to change at any time without notice, and is provided for the sole purpose of education and assistance in making independent investment decisions.  TAiPAN has taken reasonable measures to ensure the accuracy of the information contained herein; however, TAiPAN does not guarantee its accuracy, and is not liable for any loss or damage which may arise directly or indirectly from such content or from an inability to access such information, for any delay in or failure of the transmission or the receipt of any instruction or notification in connection therewith.

(f)        Information contained on the TAiPAN website, including pricing, valuation, and commentary on specific products, if any, reflects the authors’ analysis and other information available as of the publication date indicated.  Furthermore, any news, opinions, commentaries, opinions, data, pricing, links to third party websites, and all other information contained on the TAiPAN website are believed to be reliable, but TAiPAN cannot and does not guarantee its accuracy, timeliness, or completeness.  TAiPAN expressly disclaims any warranties of merchantability or fitness for a particular purpose.  TAiPAN will not be responsible for any loss or damage that could result from interception by third parties of any information transmitted electronically or otherwise in connection with this website.

(g)        Neither TAiPAN, nor any of its affiliates, directors, officers or employees, nor any third party vendor or service provider will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this website, or the website’s data, available to you, or from any other cause relating to your access to, inability to access, or use of the website or these materials, whether or not the circumstances giving rise to such cause may have been within the control of TAiPAN or of any vendor providing software or services support.

(h)        Hypothetical trading results may appear on the TAiPAN website.  Please be advised that:

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW.  NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN; IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.  ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT.  IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING.  FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS.  THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT TRADING RESULTS.

3.                  Third Party Websites and Services

(a)        The TAiPAN website may contain links to third party websites, which are owned and operated by unaffiliated third parties, and may contain offers for various products, services, or information (collectively referred to as “Third Party Services”).  TAiPAN is not responsible for the contents of any such linked sites and does not assume any responsibility for the accuracy or appropriateness of the information contained on such sites.  The inclusion of any link does not imply endorsement by TAiPAN.  No claims are made as to reliability of past, present or future profitability in connection with the use of any of these Third Party Services.  TAiPAN does not guarantee that use of these Third Party Services will generate or result in any profits.

(b)       User acknowledges that Third Party Services are produced and owned by third parties, and not TAiPAN, and that TAiPAN disclaims any responsibility for any Third Party Services provided to User.  User is responsible for conducting his or her own due diligence with respect to any Third Party Service utilized by User.  User assumes all risk/liability for such Third Party Service.

(c)        TAiPAN makes no representations or warranties whatsoever, expressed or implied, as to the accuracy, completeness, timeliness, appropriateness, suitability or fitness for any purpose or use of such Third Party Services, products, services and information, customer and technical support or web presence or any of their presentations or representations.  User acknowledges and agrees that TAiPAN shall not be liable in any way for the use of such Third Party Services.

(d)       User acknowledges and agrees that this Agreement grants User no rights or licenses with respect to any Third Party Service, and User agrees that use of any Third Party Services shall be in accordance with any agreements or other governing rules applicable to such Third Party Services.  User acknowledges and agrees that TAiPAN has no obligation to maintain or provide any updates to User regarding any changes to agreements related to Third Party Services.  User is responsible for reading and understanding the terms and conditions and any other policies of any Third Party Services utilized by User.  Any questions related to such Third Party Services should be directed to the third party providing the service.

4.                  Waiver of Liability

User agrees that access to and use of information contained in the TAiPAN website is at User’s risk, and User agrees that no claim shall be alleged or asserted against TAiPAN or anyone affiliated therewith based on any allegation or contention that any of the information was deficient or inaccurate.  In addition, any reference to any Third Party Service at or on the TAiPAN website or any linked site is not an express or implied endorsement by TAiPAN.

ALL THE INFORMATION, SOFTWARE, CONTENT, PRODUCTS AND SERVICES AVAILABLE FROM TAIPAN ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND.  TAIPAN EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  TAIPAN DISCLAIMS ANY WARRANTY THAT THE SITE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED AT THE SITE IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.  YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WILL TAIPAN BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY TAIPAN CONTENT OR THIRD PARTY CONTENT, THE SITE, YOUR USE OR INABILITY TO USE THE SITE, OR ANY DECISION OR ACTION YOU MAKE IN CONNECTION WITH THE SITE.  YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT TAIPAN MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY OF LAW OR RECOVERY, EXCEED $1000.  YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND THE SERVICES OFFERED OR PROVIDED AND TO CANCEL ANY SUBSCRIPTION.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

5.                  User Subscription Fees and Service Renewals

(a)        All User subscriptions for the Service provided by TAiPAN will automatically renew.  Users must submit cancellation requests by email to support@thetechnicaltraders.com at least 48 hours prior to the renewal date in order to avoid automatic renewal of the Service.  Upon termination of the Service, User acknowledges that all monthly subscription fees previously charged to User’s credit card in consideration for User’s access to the Service will not be refunded, in whole or in part.

(b)        All sales are final and subscription fees are non-refundable.  TAiPAN, in its sole discretion, however, reserves the right to refund all or part of User’s subscription fees.  In the event TAiPAN refunds all or part of User’s subscription fees, User acknowledges and agrees that TAiPAN shall apply an administrative fee in the amount of $15 to the User’s account, which will be debited from any refund remitted to User by TAiPAN.

(c)        User agrees to pay the fees charged by TAiPAN for renewals until service has been terminated by User or TAiPAN.  User agrees to pay any fees that may be assessed in connection with any products, Services, subscriptions, or information ordered by User, as well as any related taxes.  User also agrees to pay all costs (including attorneys’ fees and expenses) incurred by TAiPAN in collecting any unpaid or overdue fees.

(d)       User represents and warrants to be the owner, holder and authorized user of the credit card identified in the TAiPAN registration form.  User authorizes TAiPAN to charge User’s credit card to pay for all Services requested by User.  User’s credit card authorization will remain in effect until revoked by User by submitting a notice of revocation of credit card authorization by email to support@thetechnicaltraders.com.

6.                  Duration of Agreement

This Agreement, including User’s credit card authorization, will continue month-to-month, unless cancelled or revoked by either User or TAiPAN in a manner required by the terms of this Agreement.

7.                  Termination of Agreement

(a)        TAiPAN may terminate this Agreement and User’s access the Service at any time and for any reason upon notice to User.  In general, however, TAiPAN will consider terminating this Agreement if (i) User fails to observe any provision of this Agreement; (ii) the authorized charges to User’s credit card are not honored; or (iii) User’s credit card authorization is withdrawn.  Upon cancellation, User will be denied further access to the Service provided by TAiPAN, and TAiPAN will have no obligation to return any portion of the subscription fees remitted by User paid prior to cancellation of the Service by either TAiPAN or User.

(b)        TAiPAN may discontinue the Service, at any time and for any reason upon notice to User.

8.                  Limited User License

(a)        All content provided by TAiPAN on the Service is protected by copyright, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by TAiPAN.  The Service is protected by copyright, patent, trademark, and other applicable intellectual property and proprietary rights laws and is owned, controlled, and/or licensed by TAiPAN.  All trademarks appearing on the Service are the property of their respective owners.

(b)        Content provided by the Service may be searched, retrieved, displayed, downloaded, and printed by Users for personal use only.  Users shall make no other use of such content without the express written permission of TAiPAN.  Users shall not modify any of the content provided by the Service, and in particular Users shall not delete or alter any proprietary rights or attribution notices in any content.  User acknowledges and agrees that no ownership rights are acquired by User in connection with his or her use of the Service.  User further acknowledges and agrees that all rights not granted to User under this Agreement are expressly reserved by TAiPAN and/or its licensors.

(c)        No User is allowed to copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials or content appearing on TAiPAN’ website, in whole or in part, except as is expressly authorized by this Agreement.

(d)       This Agreement and limited license is granted solely to User, and may not be assigned or transferred by User.  User acknowledges and agrees that User is strictly prohibited from allowing third parties to access the TAiPAN website or Services.  User acknowledges and agrees that User is solely responsible for any liability arising from any third party access to or use of the TAiPAN website permitted or facilitated by User, whether negligently or otherwise.

9.                  Indemnification

User agrees to indemnify, defend and hold harmless TAiPAN, its officers, directors, employees, agents, information providers and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs, including reasonable attorney’s fees, arising out of, in connection with or relating to any violation by you of this Agreement, including claims of infringement of intellectual property or other third party rights, or otherwise, directly or indirectly resulting from or attributable in any way to any access to, use of or posting of material or content on the TAiPAN website by you.

10.              Access and Interference

(a)        User agrees to use the Service and any content, material, or information associated therewith solely for lawful purposes.  User shall not upload to, distribute to, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

(b)        User agrees to not use any robot, spider, other automatic device, or manual process to monitor or copy any of TAiPAN’ web pages, or the content contained thereon, or for any other unauthorized purpose without TAiPAN’ prior express written permission.  User agrees to not use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the TAiPAN website.  User agrees to not take any action that imposes an unreasonable or disproportionately large load on the TAiPAN infrastructure and User agrees not to engage in any unauthorized framing, linking, or deep-linking to the TAiPAN website without the prior written consent of TAiPAN.

11.              Statement of Privacy

(a)        TAiPAN is committed to protecting your privacy and maintaining the confidentiality and security of your information.  In accordance with its legal obligations, TAiPAN is required to inform you how it treats certain information concerning Users and how such information is used to service Users.  Please refer to TAiPAN’ Privacy Policy found on its website for additional information pertaining to the use of information.

(b)        TAiPAN reserves the right to collect and use data about Users and use of the Service for its own internal purposes, e.g., performing statistical analyses to assist TAiPAN in improving the Service.  TAiPAN further reserves the right to distribute such data in formats that do not identify individual Users.  TAiPAN may distribute data in formats identifying User only upon the User’s prior written consent to such distribution of information.

12.              Notices

User may contact TAiPAN by sending an email to the following email address: Support@TheTechnicalTraders.com.  TAiPAN will contact User by sending an email to the email address provided by User, or by posting a notice on the TAiPAN website

13.              No Assignment

The rights and obligations associated with this Agreement and limited license belong only to the User, and may not be assigned or sold to or used by another person or entity without the prior written consent of TAiPAN.  User acknowledges and agrees that User is strictly prohibited from allowing third parties to access the TAiPAN website or Services without the prior written consent of TAiPAN.  User acknowledges and agrees that User is solely responsible for any liability arising from any third party access to or use of the TAiPAN website permitted or facilitated by User, whether negligently or otherwise.

14.              Other Terms and General Provisions

(a)    This Agreement between User and TAiPAN supersedes and replaces any prior agreement between User and TAiPAN.

(b)        This Agreement shall be governed by and construed in accordance with the law of the province of Ontario, Canada.  You agree that your use of TAiPAN’ website constitutes activity in Toronto, Canada, and you agree that any action commenced against TAiPAN shall be commenced and maintained solely in an Ontario Provincial Court within Toronto, Canada.  You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event TAiPAN commences an action against you.

(c)        If any term or provision of this Agreement is found by a court of competent jurisdiction to be void, invalid, unenforceable or otherwise contrary to law, the remainder of the Agreement that can be given effect without such term or provision shall be given full effect.

(d)       Any failure by TAiPAN to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of the Agreement.