This agreement (“Agreement”) is made by and between AlgoFast, LLC (“AlgoFast”) and the user, or the entity the user represents, who acknowledges and agrees to the terms of this Agreement and the terms set forth on the web page the User accepts when registering for the Product (the "Registration Page") by clicking “I Accept” below (“User”) or by accessing or using the Product (as defined below).
PAYMENT FOR USE AND SERVICE
3. User will be charged according to the pricing terms selected by the User on the Signup Page (the "Fees").
4. Fees are payable via credit card to AlgoFast's authorized payment processor. User hereby authorizes AlgoFast to use and to authorize its payment processor to use the credit card information submitted by User for payment of the Fees. User further represents and warrants that such credit card information is true, accurate and complete and that User is authorized to use such credit card information for payment of the Fees. AlgoFast may suspend its performance and prevent User from accessing or using the Product unless and until Fees are paid in full.
GRANT OF LIMITED LICENSE
USER RESPONSIBILITIES AND OBLIGATIONS
RISKS FROM THE PRODUCT; DISCLAIMER OF WARRANTIES
11. THE PRODUCT, THE DATA AND ANY SUPPORT FROM ALGOFAST ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, TIMELINESS, SEQUENCE AND EFFORT IS WITH USER. ALGOFAST MAKES NO WARRANTY, EXPRESS OR IMPLIED AND SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST INTERFERENCE WITH USER'S ENJOYMENT OF THE PRODUCT OR DATA AND ANY WARRANTY OF NON- INFRINGEMENT.
LIABILITY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION, GENERAL DISCLAIMERS
12. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL ALGOFAST, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO USER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF ALGOFAST HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PRODUCT, THE DATA OR THE USE OR INABILITY TO USE THE PRODUCT OR THE DATA, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOST PROFITS OR LOST BUSINESS REVENUE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALGOFAST, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS TO USER UNDER OR RELATED TO THIS AGREEMENT EXCEED IN TOTAL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) THE AMOUNT OF FEES ACTUALLY PAID BY THE USER TO ALGOFAST FOR THE SPECIFIC USE OF THE PRODUCTS OR DATA GIVING RISE TO THE CLAIM.
14. Investments and trading involve risks, including possible loss of principal and other losses. Neither AlgoFast nor any Data suppliers are engaged in rendering any investment, brokerage, trading financial planning or other professional advice. If investment, brokerage, trading financial planning or other professional advice is required, the services of a competent, licensed professional should be sought. The use of any trading system or strategy, including the Product, does not guarantee that you will make profits, increase profits or minimize losses.
USER EQUIPMENT AND TROUBLESHOOTING
16. The term of this Agreement shall commence upon the User's acceptance and shall continue for the period of time set forth in the registration page. AlgoFast shall have the right to terminate this Agreement at any time for any reason or no reason. Upon any termination of this Agreement, User shall return to AlgoFast or destroy all copies of the Product and, if requested by AlgoFast, shall so certify in writing. Notwithstanding the termination of this Agreement, Sections 6, 7, 10, 11, 12, 13, 16, 18, 19, 23 and 24 hereof will survive such termination.
17. This Agreement does not authorize User to use AlgoFast’s names or trademarks for any publicity or marketing or other activities.
18. No agency, partnership, joint venture, or other joint relationship is created by this Agreement. AlgoFast may enter into the same or similar Agreements with others. User may not assign any of its rights or delegate any of its obligations under this Agreement and any attempted assignment or delegation shall be null and void.
20. The headings of the sections of this Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Agreement.
21. Notwithstanding any other term or condition of the Agreement, neither party and its third party suppliers, including, but not limited to, software, hardware, communications and data providers, shall be obligated to perform or observe their obligations undertaken in the Agreement (except for obligations to make payments hereunder and regulatory obligations) if prevented or hindered from doing so by any circumstances found to be beyond their control. Such causes may include, without limitation, acts of God, acts of government in its sovereign or contractual capacity, power shortages or failures, utility or communication failure or delays, labor disputes, strikes, or shortages, supply shortages, equipment failures, or software malfunctions.
22. If any provision of this Agreement shall be held invalid, the remaining provisions shall remain in full force and effect
23. This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to its provisions concerning conflicts of law. Any action brought by User in respect of this Agreement shall be brought in the State of Illinois.
24. Any dispute or difference arising out of or in connection with this contract shall be determined by the appointment of a single arbitrator to be agreed between the parties, and taking place in Chicago, IL.
Failing agreement within fourteen days, after either party has given to the other a written request to concur in the appointment of an arbitrator, an arbitrator will be appointed by the President or a Vice President of the Chartered Institute of Arbitrators.
THIS AGREEMENT SPECIFIES YOUR RIGHTS AND OBLIGATIONS TO USE THE PRODUCTS. BY CLICKING “I AGREE” BELOW, OR BY ACCESSING OR USING THE PRODUCT, YOU ENTER INTO A BINDING AND VALID AGREEMENT WITH ALGOFAST, LLC. BY CLICKING “I AGREE” BELOW, OR BY ACCESSING OR USING THE PRODUCT, YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE PRODUCT. CLICK "I DO NOT AGREE" AND YOU WILL BE RETURNED TO THE PREVIOUS WEB PAGE.