Terms of business
The following describes the terms and conditions upon which Inside Out Media ( "the Company" or "we") offers access to its website to you the customer (hereinafter "you" or "user" or "customer") and the use of its services (hereinafter the "Agreement" or "User Agreement" or "Online Services Agreement").
This Agreement describes the terms, conditions and risks applicable to your use of our services available under the domain and sub-domains of www.leftbraintrading.com (the "Site" or "website"). If you have any questions regarding this Agreement please contact Customer Support
You must read, agree with and accept all of the terms and conditions contained in this User Agreement without modifications, which include those terms and conditions expressly set forth below and those incorporated by reference, before you may become a customer of Inside Out Media. By continuing to access or use the website, you agree to follow the Terms and Conditions of this Agreement as they may apply to you.
This Agreement is effective upon acceptance in registration for newly registering customers, or upon receipt of e-mail notification by other users.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
Inside Out Media may amend or revise this Agreement at any time by posting the amended terms on the Site and you agree to be bound by future revisions. The Company will advise current registered users by e-mail of material changes to the terms and conditions of this Web site from time to time.
All amended terms shall be automatically effective 10 days after their initial posting on the Web site, upon sending a notification to you by e-mail, or at the first time that you use our services after such amendments were made, whichever is sooner.
If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our services, and inform us in writing immediately.
Our services are available to and may only be used by individuals or companies who can form legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services are not available to persons under the age of 18 or otherwise under legal age ("minors"). If you are a minor, you may not use this service. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR SITE.
For avoidance of doubt, We shall not be responsible for any unauthorized use by minors of our Services in any way or manner.
Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge in financial matters to be capable of evaluating the merits and risks of acquiring financial contracts via this Site and have done so without relying on any info rmation contained in this Site. Without derogating from the above provision, we shall not be responsible for verifying and/or checking whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. IF YOU DO NOT QUALIFY, PLEASE DO NOT USE OUR WEB SITE.
Without limiting the foregoing, our services are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residency with regards to the use of the website. For avoidance of doubt, the ability to access to our Web site does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residency.
Inside Out Media grants you a non-exclusive, non-transferable and limited personal license to access and use its website (the "license"). This license is conditioned on your continued compliance with the terms and conditions of this Agreement.
You agree not to "deep-link" to the website, resell or permit access to the Web site to others, and not to copy any materials appearing on the website for resale or for any other purpose to others without the prior written consent of Inside Out Media.
For avoidance of doubt, you shall be responsible and bound by any unauthorized use of the site, made in breach of this section.
You agree not to use any electronic communication feature of a Service on the Site for any purpose that is unlawful, tortuous, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
The license granted under this Agreement will terminate if Inside Out Media believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each service.
Upon such violation, you agree to cease accessing Services. You agree that Inside Out Media, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any info rmation or content within a Service.
Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail or otherwise transmit through the Services, including information, data, questions, comments or suggestions (your "Communications") will be treated as non-proprietary and non-confidential.
By accepting this Agreement you grant a license to Inside Out Media to use your Communications in any way it thinks fit, either on the website or elsewhere, with no liability or obligation to you . Inside Out Media is free to use any idea, concept, know-how or technique or information contained in your Communications for any purpose including, but not limited to, developing and marketing products.
Inside Out Media is entitled, but not obligated, to review or retain your Communications. Inside Out Media may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Inside Out Media monitors your Communications. In no event will Inside Out Media be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Inside Out Media's monitoring activities.
Registration Information and Requirements
When you register for the service, Inside Out Media may ask you to provide certain identifying information ("Registration").
You agree to provide true, accurate, current and complete information about yourself during the Registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Inside Out Media for any purpose. If you are registering as or for a business entity, you hereby declare that you have the authority to bind that entity to this Agreement.
Inside Out Media views its customers' privacy and protection of info rmation concerning them to be of prime importance. We store and process your info rmation on computers located in Canada . If you object to your information being handled in this manner, please do not use our services.
Limitation of Liability and Indemnification
You agree to indemnify and hold Inside Out Media and its affiliates, agents, employees and licensors (including the Third Party Providers) harmless against all actions, claims, demands, proceedings, damages, costs, charges and expenses incurred by Inside Out Media, arising out of or relating to your violation of this Agreement, as well as any applicable laws or regulations or any other person's rights, or any misrepresentation made by you or any breach of your representations or warranties.
IN NO EVENT SHALL INSIDE OUT MEDIA, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EXCEPT AS STATED IN THIS AGREEMENT.
THE LIABILITY OF INSIDE OUT MEDIA, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT AT INSIDE OUT MEDIA IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
You agree to use the Web site at your own risk.
Without limiting the foregoing, the financial services contained within this site are suitable only for customers who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in the acquisition of financial contracts.
Inside Out Media may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or part ners ("Third Party Providers"). This includes, but is not limited to, financial market data, quotes, news, analyst opinions and research reports, graphs or data. ("Market Information").
Market Information provided on these Web pages is not intended as investment advice. Inside Out Media does not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. Inside Out Media and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.
Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Inside Out Media nor the Third Party Providers are obligated to update any info rmation or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice.
You agree that neither Inside Out Media nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not "deep-link", redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Inside Out Media to receive Market Information.
Inside Out Media reserves the right to suspend the operation of this site or any part or sections of it. In such an event, Inside Out Media may, at its sole discretion (with or without notice), close out the customers' open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto.
You agree that Inside Out Media will not be liable in any way to you or to any other person in the event of force majeure, or for the act of any Government or legal authority, or for the failure of or damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
The parties shall be released of all responsibilities for partial, full or non-fulfillment, as well as for improper fulfillment of the obligations under this Agreement, if such non-fulfillment or improper fulfillment was a result of extraordinary events, which occurred after this Agreement was concluded and which the party could not either foresee or prevent (natural calamities, wars, armed conflicts etc.).
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Web site.
Inside Out Media shall not be liable, and you agree not to hold or seek to hold Inside Out Media or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Inside Out Media does not represent, warrant or guarantee that you will be able to access or use the Web site at times or locations of your choosing, or that Inside Out Media will have adequate capacity for the Web site as a whole or in any geographic location.
Inside Out Media does not represent, warrant or guarantee that the Web site will provide uninterrupted and error-free service. Inside Out Media does not make any warranties or guarantees with respect to the Web site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing Inside Out Media will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Inside Out Media may provide a link to other sites that are controlled or offered by third part ies. Such link to a site or sites is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers.
Inside Out Media cautions you to ensure that you understand the risks involved in using such sites before retrieving, using, relying upon or purchasing anything via the Internet.
Links to these websites are provided solely for your convenience, and you agree that under no circumstances will you hold Inside Out Media liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Trademarks and Copyrights
All content, trademarks, services marks, trade names, logos and icons are the property of Inside Out Media or its affiliates or agents and are protected by copyright laws and international treaties and provisions.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the website. You will not obtain any intellectual property rights in, or any right or license to use such materials or the website, other than as set out in this Agreement.
Images displayed on the website are either the property of Inside Out Media or used with permission. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of Inside Out Media.
Nothing contained on the website shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Inside Out Media or such third party that may own the trademarks. Your use of the trademarks, or any other content of the website, except as provided herein, is strictly prohibited.
Governing Law, Arbitration and Court Jurisdiction
This Agreement, shall be governed by the laws of CANADA, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Inside Out Media anywhere else in the world.
If any part of this Agreement is unlawful, void or unenforceable, that p art will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The parties recognize electronic and magnetic recordings as evidence when settling disputable matters, in order to state any facts concerning the obligations for trading operations in the FOREX market.
Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or Inside Out Media may elect to resolve the dispute through binding arbitration conducted in person, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Canadian Bar in accordance with their applicable rules, or any other established Alternative Dispute Resolution provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered, exclusively, in any court located within the City of Vancouver, Canada , having jurisdiction thereof.
Exclusive Court Jurisdiction: Alternatively, you agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Vancouver, Canada to settle any dispute, which may arise in relation thereto.
The services hereunder are offered by Inside Out Media, located at 1806 Maritime Mews, Granville Island, Vancouver, BC, V6H 3S4, Canada .
It is important that you be fully aware of the following points: