Last revised: Oct 1, 2016.
Welcome to Tixguru’s Brokerage Connection Services, a set of services that allow you as a Tixguru Registered User to link your Tixguru account to certain brokers to whom you can send trading orders for live trading. We bear no responsibility or liability for any such use of these services.
We have not made a determination of your suitability to participate in the Brokerage Connection Services. The fact that we have made the data and services provided on the Brokerage Connection Services available to you constitutes neither a recommendation that you enter into a particular transaction or investment strategy, nor a representation that any product described on this Site is suitable or appropriate for you. You should not enter into any transactions or investment strategies unless you have fully understood all such risks and have independently determined that such transactions or strategies are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should consult your private advisor to the extent that you have any questions on anything herein.
1. Use of the Brokerage Connection Services.
- 1.1 Algorithms and Trading. Through the Brokerage Connection Services, we provide tools and infrastructure that allow you to connect to certain registered broker-dealers so that you can send them instructions for live trading determined by running your algorithms and trading strategies through use of the Services. To be clear, we have no responsibility for your algorithms, your use of your algorithms or those available to you on the Site as Shared Content, or any trading instructions you generate through such use or the execution of such instructions. All brokerages or broker-dealers do not provide access to our services. You should note that any or all Third Party Sites may change or amend their guidelines and your access to such Third Party Sites at any time, and we cannot guarantee that our Services will always include a connection to any or all Third Party Sites. If you use your own algorithms or another user’s algorithms for live trading, you should understand the risks arising from that trading, including, by way of example only, those set forth in our Risk Disclosure Statement accessible through the home page of the Site (https://www.Tixguru.com/home) or at https://www.Tixguru.com/policies/risks_disclosure_statement.
- 1.2 Updates.You understand that the Site and Services are evolving. You acknowledge and agree that we may update the Site and Services with or without notifying you. You may need to update third-party software from time to time in order to use the Site and Services.
- 1.3 Third-Party Materials.As a part of the Site and Services, you may have access to materials that are hosted by another party, including Third Party Sites. You agree that it is impossible for us to monitor such materials and that you access these materials at your own risk.
- 1.4 Limit to Computation and Storage.You agree that we retain the right to create reasonable limits on the use and storage of Content, including your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by us in our sole discretion.
- 1.5 Limit to open beta.You understand that the open beta is limited to accounts with a portfolio value of less than $1,000,000.
2. Fees and Purchase Terms.
Certain of our Brokerage Connection Services require the payment of fees as set forth on the Site.
- 2.1 General Purpose of Terms: Sale of Services. The purpose of the Terms is for you to secure access to the Brokerage Connection Services. All fees set forth within and paid by you under the Terms shall be considered solely in furtherance of this purpose.
- 2.2 Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or some other acceptable payment method (“Payment Provider”), as a condition to signing up for the Brokerage Connection Services. Your Payment Provider agreement governs your use of the designated credit card or other payment method, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing us with your credit card number or other payment method and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card or other payment method used for payment hereunder. We reserve the right at any time to change our prices and billing methods, either immediately upon posting on the Site and Brokerage Connection Services or by e-mail delivery to you.
- 2.3 Taxes. Our fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify us for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that we are permitted to pass on to our customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- 2.4 Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Tixguru; Billing Disputes; 100 Franklin Street 5th Floor; Boston MA 02110.
- 3.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL Tixguru OR ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES (THE “Tixguru PARTIES” ) HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY COSTS, LIABILITIES OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE (TOGETHER, “COSTS”), ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE PERFORMANCE OR BREACH OF THIS AGREEMENT, OR YOUR OR ANY OTHER PERSON’S USE OF, OR INABILITY TO USE, THE BROKERAGE CONNECTION SERVICES. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON STATUTE OR ARISING IN CONTRACT, INDEMNITY, WARRANTY, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), AND REGARDLESS OF WHETHER ANY Tixguru PARTY KNOWS OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
- 3.3 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD US LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT: (1) WE MAKE NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND (2) WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE BROKERAGE CONNECTION SERVICES.
- 3.4 No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE BROKERAGE CONNECTION SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE BROKERAGE CONNECTION SERVICES.
- 3.5 Basis. THE DISCLAIMERS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
4. Term and Termination.
- 4.2 Termination of Services by Tixguru. We reserve the right to terminate our provision of any or all of the Brokerage Connection Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to terminate any or all of the Brokerage Connection Services. We, in our sole discretion, may immediately suspend or terminate any Brokerage Connection Services or your access to the Brokerage Connection Services at any time, for any reason, in our sole discretion, including if you have materially breached any provision of the Agreement, or if we are required to do so by law (e.g., where the provision of the Brokerage Connection Services is, or becomes, unlawful).
- 4.3 Termination of Services by You. If you want to terminate your access and use of any or all of the Brokerage Connection Services, you may do so by (a) notifying us at any time and (b) closing your account for any or all of the Brokerage Connection Services that you access and use. Your notice should be sent, in writing, to the following address: Tixguru; Termination Notices; 100 Franklin Street 5th Floor; Boston MA 02110.