Terms & Conditions
By accessing, visiting, or otherwise utilizing the Evolution Markets Inc. web site (the "Site"), you agree to the following terms and conditions and to additional and more specific terms and conditions by clicking on the "I accept this Agreement", or other similar boxes. Users should note that checking such boxes on our Site will be a legally binding obligation to such additional terms and conditions. You represent that you have read and understand each of the terms and conditions described below and agree that these terms and conditions apply to your use of the Site. If you do not agree to accept the following terms and conditions, you may not use the Site, or open an account. It is important that you read these terms and conditions carefully. Your use of our Site is subject to these terms and conditions.
Evolution Markets Inc. agrees to grant access to Site users on a non-exclusive, non-transferable and revocable basis. Evolution Markets Inc. reserves the right, in its sole discretion, to limit or terminate your access to the Site. Evolution Markets Inc. may offer different levels of Site access to users in its sole discretion.
Access to the site and all information and content contained herein is provided "as is". Evolution Markets Inc. makes no warranties, representations or guarantees as to the merchantability, fitness for purpose, non-infringement or otherwise, with respect to the site, its content, any documentation or any software provided by Evolution Markets Inc. In no event will Evolution Markets Inc., its affiliates, its vendors or any of their directors, Officers, Employees or agents be liable for any possible loss or damage that might occur as a result of using, accessing, installing, modifying, deactivating or attempting to access the Site.
For our mutual protection and to correct misunderstandings, you understand and agree that we may monitor and retain e-mail communications conducted with us. Personally identifiable information, including the contents of and addresses of e-mail, may be shared with our affiliates. A user may opt out of having such information shared with third parties, except such information may be disclosed by Evolution Markets Inc. in order to be in compliance with all appropriate and applicable regulations and laws for the conduct of the business of Evolution Markets Inc. and in response to a request or demand for such information made by any governmental entity, including law enforcement agencies of such governmental entity.
We may occasionally make information available to you through our Site about various transactions, investment strategies or services, including our own reports and commentaries and reports or presentations prepared by others. You should not view the fact that we make this information available as our recommendation to you of any particular transaction, investment strategy, service or service provider. This information is not personalized and is in no way tailored to reflect your own circumstances or objectives, and the transactions or investment strategies discussed might not be suitable for you. You acknowledge that you are not relying upon any representations or opinions of Evolution Markets Inc. to influence your decision to execute any transaction. Unless you are individually contracted with us for such specific services, we are not acting as a fiduciary or a financial, investment or trading or other advisor for you and we have no obligation to determine that any transaction or service is suitable for you.
You agree that the information we provide you is for your personal use only and you will not retransmit or republish this Information in any form without the express written approval and authorization of Evolution Markets Inc. You acknowledge that the information is obtained from sources we believe reliable, is provided solely on an "as available" basis for your convenience, and that no guarantees are made by us as to the Information's accuracy, completeness or timeliness. You shall not hold Evolution Markets Inc. liable in any way for any inaccuracy, error, delay in, or omission of, any information, due either to any negligent act or omission by Evolution Markets Inc., to any "force majeure" or to any other cause beyond our reasonable control. While Evolution Markets Inc. uses reasonable efforts to obtain Information from reliable sources, we make no representations or warranties as to the accuracy, reliability or completeness of any information on this Site.
This Site may provide links to certain websites sponsored and maintained by third parties. Such websites are publicly available and Evolution Markets Inc. is providing access to such websites through this Site solely as a convenience to you. The content of other websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by Evolution Markets Inc., and Evolution Markets Inc. makes no representations or warranties concerning the content of such websites, and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by Evolution Markets Inc., nor is there any affiliation between Evolution Markets Inc., and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, Evolution Markets Inc. is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the website and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the website, or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such websites solely at your own risk and that Evolution Markets Inc. does not grant to you any rights with respect to such web sites.
You agree that Evolution Markets Inc. owns the rights to all Market Data we supply; we do not guarantee the timeliness, accuracy or completeness of Market Data or other information that we may provide; we are not liable to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance due to any negligent act or omission by us or to any other cause beyond our reasonable control; we shall not be held liable for any discontinuance in the provision of Market Data or for any change in the manner of distribution for any reason. Market Data is made available for your own personal use and you are prohibited from furnishing it to any other person or entity; we may terminate your receipt of any or all Market Data at any time; and Market Data posted by Evolution Markets Inc. and any transaction to which an Evolution Markets Inc. Registered Member is a party is confidential and proprietary information and you shall not in any way disclose this Market Data to any third party. Market Data shall be used, in all instances, solely for your internal business purposes.
All present and future rights in and to trade secrets, trademarks, service marks, copyrights, patents and other proprietary rights under the laws of any domestic or foreign governmental authority shall at all times remain the sole and exclusive property of Evolution Markets Inc. Except as specifically permitted by these terms and conditions, you shall not use such proprietary rights or the Site for any purpose without Evolution Markets Inc.'s prior written approval. You agree to protect the proprietary rights of Evolution Markets Inc. and to comply with all reasonable written requests made by Evolution Markets Inc. or its suppliers of content to protect their and others' contractual, statutory and common law rights in the Site. You agree to provide Evolution Markets Inc. with prompt written notice of any unauthorized access or use of the Site by any party, or of any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights. You acknowledge and agree that the contents of our Site are protected by applicable copyright law and that you do not have permission to copy, distribute, modify, post or frame any text, graphics, video, audio, software, user interface, design or logos contained on our Site. Evolution Markets Inc. owns and maintains this Site. The trademarks, logos and service marks displayed on this Site are registered trademarks of Evolution Markets Inc. and others. Nothing on this Site shall be construed as granting any license or right to use any image, trademark, logo or service mark on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material on this Site to you. Evolution Markets Inc. reserves all rights with respect to copyright and trademark ownership of all material on this Site and information, and will enforce such rights to the full extent of the law.
Should any provision of these terms and conditions be held by a court of law to be illegal, invalid or unenforceable, the remaining provisions of these terms and conditions shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition herein. Any prior agreements between you and Evolution Markets Inc. shall remain in full force and effect. In the event that there are conflicts between such prior agreements and these terms and conditions, these terms and conditions shall control.
These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of New York applicable to contracts made and to be fully performed in such State without reference to principles of conflict of laws. Each party hereto submits to the jurisdiction of the Supreme Court of the State of New York and the United States District Court for the Southern District of New York for the enforcement of these terms and conditions.