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Disclaimer and Risk Disclosure
Kwik*POP software is offered solely for training / informational purposes.
No offer or solicitation to buy or sell securities or securities derivative products of any kind, or any type of investment or trading advice or strategy, is made, given or in any manner endorsed by KwikPop Inc. or its affiliates. Testimonials regarding past performance are no guarantee of future results and may not be representative of the experience of other customers.
Trading involves risk and you should carefully review your financial condition before investing in securities, futures contracts, options or commodity interests. Past performance, whether actual or indicated by historical tests of strategies, is no guarantee of future performance or success. Active trading is generally not appropriate for someone of limited resources, limited investment or trading experience, or low-risk tolerance, or who is not willing to risk at least $7,500.00 of risk capital. Risk capital is surplus savings that will not be needed for ordinary living expenses within the next 5 years.
You are fully responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
Trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; illiquidity; other market conditions and risks; quote delays; system and software errors; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors.
One or more of these factors may occur before or after you place a trade, resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. Solely you assume those risks.
THE COMMODITY FUTURES TRADING COMMISSION. ( C.F.T.C.)
This brief statement does not disclose all of the risks and other significant aspects of trading in futures and options. In light of the risks, you should undertake such transactions only if you understand the nature of the contracts ( and contractual relationships ) into which you are entering and the extent of your exposure to risk. Trading in futures and options is not suitable for many members of the public. You should carefully consider whether trading is appropriate for you in light of your experience, objectives, financial resources and other relevant circumstances. Some of the examples used are hypothetical. Hypothetical trading results have many inherent limitations and may not reflect actual results since they are done with the benefit of hindsight and do not accurately reflect market conditions and the traders emotional level while under the stress of trading. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
KWIKPOP INC. warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by KWIKPOP INC. shall be substantially as described in applicable written materials provided to you by KWIKPOP INC., and support engineers will make commercially reasonable efforts to solve any problem issues. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days.
Except as expressly provided otherwise in an agreement between you and KWIKPOP INC,all products, services, information, software and system performance offered or provided in this site are offered and/or provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular use or purpose.
KWIKPOP INC. SHALL NOT BE LIABLE TO USER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF KWIKPOP INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, TS LEASING GROUP INC. (AND AFFILIATES) SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO USER AND/ OR ANY THIRD PARTY.
NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, KWIKPOP INC and its suppliers disclaim all other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT, and the provision of or failure to provide Support Services.
This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
LIMITATION OF LIABILITY. To the maximum extent permitted by applicable law, in no event shall KWIKPOP INC. or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if KWIKPOP INC has been advised of the possibility of such damages.
In any case, KWIKPOP INC.'s entire liability under any provision of this EULA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00; provided, however, if you have entered into a KWIKPOP, INC. Support Services Agreement, KWIKPOP, INC 's entire liability regarding Support Services shall be governed by the terms of that agreement.