You will have 90 Days to have fun with SOL TRADER. There is a 1.00 nonrefundable charge for Authentication. After your Authentication you will be contacted by phone from one of our representatives the very next business day. In this call you will be provided with your free download for the SOL TRADER Software, with easy-to-use Video Instructions. We will also provide you with a Broker who will help you open your own self-directed account so you can use your SOL TRADER Software! It’s Easy! TRULY 30 Days Free with everything provided and done for you! We know you will love it! If you do and you wish to continue, Do Nothing, and you will be charged only 79.99 a month for continued access to SOL TRADER! It is that Simple! TRY YOUR SOL TRADER “NOW” and enjoy!
Terms and Conditions of SOL TRADER (AGREEMENT) 90 DAY FREE TRIAL
WHEREAS
Customer wishes to become a client of Platinum Trading Solutions by purchasing access to third-party trading software for use in trading Futures and Financial Indices.
WHEREAS
Platinum Trading Solutions is duly authorized and has the right to sell various third-party trading software to Customer and to its customers generally and Platinum Trading Solutions is hereby willing to sell various automated trading software to the Customer under the terms and conditions set forth in this Agreement;
NOW THEREFORE
in consideration of the mutual promises set forth herein, the Parties agree as follows:
1. Recitals
The foregoing recitals are incorporated in and made part of this Agreement.
2. Definitions
The Software shall mean one or several third-party trading software, including any updates or enhancements thereto provided by Platinum Trading Solutions generally during the term of this Agreement.
3. Customer Acknowledgement and Agreement
Notwithstanding any other communications between Platinum Trading Solutions and its customers and prospects to the contrary, receipt or use of any materials provided by Platinum Trading Solutions at any time, distributed via any method, represents acknowledgement by such persons of this disclaimer and agreement with its terms and conditions.
4. Software Purchase
The client agrees that they are agreeing to purchase access to the Software and to pay Platinum Trading Solutions compensation as specified in Paragraph 7 below. Upon purchase of the SOL Trader Software, effective as of the date of this Agreement, Platinum Trading Solutions agrees to give access to Customer the selected Software, access to Customer Support, access to www.platinumtradingsolutions.com and all related educational material and customer support offered by Platinum Trading Solutions under the terms and conditions of this Agreement.
5. Customer Trades
Customer agrees that all gains, losses, and costs associated with trading generated in Customer’s Account shall remain the complete and exclusive responsibility of the Customer.
6. Customer Support
Purchase of access to the Software by Customer entitles Customer to full support. Telephone access to Trader Support is available for questions, concerns, and education about the system. The Trader Support department is available directly at (866) 750-9030 or TraderSupport@platinumtradingsolutions.com”
7. Cost
As compensation for services provided by Platinum Trading Solutions under the terms and conditions set forth in this Agreement, Customer agrees to pay the following for Access to the SOL Trader Software:
Cost a
An initial Charge of One United States dollar ($1.00) for Access to the SOL Trader Software and related services provided by Platinum Trading Solutions under the terms and conditions set forth in this Agreement due at the signing of this Agreement, which begins the 90 Day Trial.
Cost b
A monthly, non-refundable Seventy-nine United States dollar and Ninety-nine cents, ($79.99) fee per unit for continued access to SOL Trader Software and related services payable on the first day after the customers 90-day trial expires. Such continued customer access fee is non-refundable, charged monthly for the continual maintenance of the System by the system developer and for continued data provision to the Software. Customer may cancel at any time with written notice. If Customer has already paid for access for the particular thirty-day (30-day) billing period during which notice of termination is given, the monthly maintenance fees shall terminate at the end of that billing period.
8. Disclaimer of Liability
Platinum Trading Solutions and its respective shareholders, officers, directors, employees, agents, parents, affiliates, and controlling persons shall not be responsible or liable for any losses, claims, damages, or expenses (including, but not limited to, loss of profits, loss of interest or other earnings, loss of use, or direct, indirect, incidental or consequential damages or punitive, exemplary or aggravated damages), resulting from:
(a) any error, failure, fault, act of negligence or omission, or misconduct of Customer and its respective shareholders, officers, employees, agents, parents, affiliates, controlling persons and consultants;
(b) Customer’s use of or inability to use the Software;
(c) any unauthorized use of the Software;
(d) any action taken by or on the instruction of any exchange, clearing house or regulatory authority;
(e) failure of power, transmission or communication facilities;
(f) any error, failure, fault, inadequate performance, or non-performance, malfunction, delay, omission, maintenance or inaccuracy, suspension or termination (1) resulting from any computer, hardware, equipment, software, network components, telecommunication systems, servers or any order routing system utilized in connection with the System; (2) preventing, interrupting or interfering with entry, sequencing, cancellation or execution of orders for Customer Account, including systems failures, malfunctions, communication failures, equipment or software failures or malfunctions, Software access, Software capacity, high Internet traffic demand and security breaches; or (3) resulting from error, omission or delay in the report of transactions, quotations, prices, exchange rates or other market or transaction information; (g) any damage to Customer or Broker’s computer, software, modem, telephone or other property resulting from Customer or Broker’s use of the System; (h) any cause or causes over which Platinum Trading Solutions do not have direct control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, bugs, errors, configuration problems or incompatibility of computer hardware or software, failure or unavailability of Internet access, problems with Internet service providers or other equipment or services relating to Customer’s or Broker’s computer, problems with intermediate computer or communications networks or facilities, problems with data transmission facilities or with telephone or telephone service, unauthorized access, failure of public transportation, common carrier communication or utility systems, severe weather, earthquakes and strikes or other labor problems beyond its control; (i) any “force majeure” which shall mean war, terrorism, insurrection, riot, strike, act of God, fire, flood, extraordinary weather conditions, accident, action of government authority, enemy action, civil disturbance, rebellion, explosion, lockout, action of exchange, clearing house or clearing organization, or the insolvency, bankruptcy, receivership, liquidation or other financial difficulty of any bank, clearing broker, exchange, market, clearing house or clearing organization; or (j) any adverse tax implications of any Contract whatsoever. Customer shall be responsible for all orders entered on its behalf in accordance with information generated by the Software and Customer shall be fully liable for the settlement of any Contract arising therefrom. The disclaimers of liability herein shall apply regardless of the form of action and foreseeability of the liability, loss, or damages.
9. No Warranties
Customer understands and agrees that the Software is provided “as is” and without warranty of any kind by Platinum Trading Solutions with respect to transfer or receipt of market data. Notwithstanding the efforts of Platinum Trading Solutions to make the Software secure, Customer acknowledges that the internet is inherently insecure and that all data and transfers that occur openly on the internet and can be monitored, intercepted, rerouted, copied and read by others. Platinum Trading Solutions shall have no liability if data transfers to or from the Software are monitored, intercepted, rerouted, copied, or read or for the use thereof by others, or if privacy is not maintained. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement nor any other warranty of any kind, express or implied, regarding the information or any aspect of the Software or related services. Platinum Trading Solutions provide no warranty for the accuracy, completeness, or timeliness of the Software, related services, and information.
10. Information
Information provided through Platinum Trading Solutions (“Information”) has been obtained from third parties, exchanges and other information services not related to Platinum Trading Solutions, including, but not limited to, financial markets, information services, exchanges and other service providers (hereafter collectively referred to as “Information Providers”), through sources believed to be reliable, but the accuracy, completeness or timeliness of the Information cannot be guaranteed by Platinum Trading Solutions, the Information Providers or any party transmitting the Information (the “Information Transmitters”). Neither Platinum Trading Solutions, the Information Providers nor the Information Transmitters shall have any liability, contingent or otherwise, to Customer for any reliance by Customer on the Information, for the timeliness, accuracy or completeness of the Information, or for any actions taken or decisions made by Customer in reliance on the Information or the System. Customer agrees to use any information provided through the Software solely for Customer’s use in connection with Customer’s Account and Customer shall not furnish, redistribute or retransmit quotes or other Information to any third party without Platinum Trading Solutions prior written consent.
11. Governing Law
All disputes between the Parties under this Agreement relating to the terms or performance hereof shall be governed under the laws of the state of Florida without regard to conflicts. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement conflicts with any applicable statute, regulation, or other law, that provision is hereby and automatically amended to conform with the minimum requirements of such law.
12. Assignment
By checking I agree to the Terms and Conditions Customer hereby agrees that this Agreement and all the terms thereof shall be binding upon Customer’s heirs, executors, administrators, personal representatives, successors, and assigns. Customer may not assign the rights and obligations hereunder without first obtaining the prior written consent of Platinum Trading Solutions. This Agreement shall inure to the benefit of Platinum Trading Solutions successors and assign.
13. Notices
Notices under this Agreement must be in writing and shall be deemed duly given, upon delivery, to the addresses set forth above AGREED and accepted by the parties as of the date first written above:
