Terms and Conditions
Please carefully read this Trading Agreement ("Agreement") and understand that its provisions will apply to all Services provided and transactions conducted with or through Atlantis Financial.
IMPORTANT
Your undertaking of transactions and acceptance of Services from Atlantis Financial will indicate your acceptance to all the below terms. Your acceptance to the terms detailed below is a condition precedent to your use of our Services. If you do not agree to these terms, do not use our Services.
DEFINITIONS
The term "you" means and includes “your” and "yourselves", whichever is appropriate.
The term "us" means and includes "our" or “ourselves”, as appropriate.
NATURE OF SERVICES PROVIDED - NO INVESTMENT ADVICE
1. You understand that all decisions relating to your investment or trading activity under our Services will be made solely at your discretion. You understand that you are deemed to request orders by your instructions only and we do not act as an investment counselor or advisor. Furthermore, that we do not solicit orders, recommend securities for purchase or sale, offer investment advice or render any opinions or judgments, or answer inquiries concerning general or specific market conditions, either present or future, or the value potential of investment in specific securities or securities in general.
GENERAL
2. General Terms and Conditions for orders using our Services are the following:
a) You cannot buy a security unless there is money on-hand in your account or a copy of your bank wire transfer is received.
b) A security to be sold must be long in your account in negotiable form before entering a sell order or you must deliver a negotiable share instrument and only upon receipt by us may your sell order be done.
3. You warrant that you will be the only authorized user of our Services under this Agreement. You understand that you will be solely responsible for all order entries through our Services. All orders will be deemed valid at the time of receipt.
4. You further understand and agree that any orders given by you and any information furnished to us required for the use of our Services shall be subject to the following terms and conditions:
a) If any order has been executed through or by us, and you have not received an accurate written confirmation of the executed order within five business days, you shall immediately notify us.
b) If you receive confirmation of an order that you did not place or any similar conflicting report, you shall immediately notify us.
c) You shall immediately notify us if there is a discrepancy in the account balance or stock positions.
d) If you fail to immediately notify us regarding any of the above, neither ourselves nor our affiliates or assigns can or will be held responsible or liable to you, or to any other person whose claim may arise through or against us, for any claims for damages of any sort, including both actual and consequential damages, with respect to the handling, mishandling, or any act or failure to act, as regards your account or instructions to act.
e) You understand that each company and all securities exchanges assert proprietary interests in all of the market data it furnishes to the parties that disseminate the data and is protected by copyright. You also understand that no company, securities exchange or any supplier of the market data, including ourselves, guarantees the timeliness, sequence, accuracy or completeness of the market data or any other market information or messages disseminated by any party. Although we reasonably believe the information sources to be reliable, neither we nor any agents or assigns, shall be liable in any way for: (1) an inaccuracy, error or delay, or omission of any such data, information, or message or the transmission or delivery of any such data, information, or message, or (2) any loss or damages arising from, or occasioned by, any such inaccuracy, error or delay or omission, nonperformance, or interruption of any such data, information or message, due either to any negligent act or omission by any disseminating party to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power or equipment failure, or software failure or malfunction) or any cause beyond the reasonable control of any disseminating party.
f) By your of our Services, you agree that there is no warranty of merchantability, no warranty of fitness for a particular purpose, and no other warranty of any kind, expressed or implied regarding the information or any aspect of our Services, including, but not limited to, the information accessed and the order execution.
g) By use of our Services, you agree that in no event will we or any of our data providers be liable to you or to anyone for any incidental, consequential, special or indirect damages, including, but not limited to lost profits, trading losses or damages.
h) You agree that we may discontinue any presently available service in its entirety, at any time, without prior notice, and may modify or change the terms of any service, in whole or in part, at any time from time to time.
5. By use of our Services, you agree to pay all fees and commissions as advised pertaining to our Services.
6. We reserve the right to terminate your account access at our sole discretion, without notice and without limitation, for any reason whatsoever. Provided, all obligations on the part of either party prior to termination shall be fulfilled in accordance with this agreement.
7. As a condition of being using our Services, you represent and agree that the following statements are, and will continue to be, true for so long as you use our Services:
a) You are making this Agreement in your individual or joint capacity, or on behalf of a firm, corporation, partnership, with due authority, and not on behalf of a non-disclosed association or any other third party.
b) You are not a securities broker-dealer, investment advisor, a commodity merchant or introducing or trading or investment advisor.
ORDER FLOW PAYMENT STATEMENT DISCLOSURE
8. You acknowledge that we and/or our clearing agent(s), may receive remuneration for executing orders. Such remuneration is considered compensation to us and/or our clearing agent(s).
SEVERABILITY
9. If any provision, part thereof, or condition of this Agreement, shall be held invalid or unenforceable by any court or regulatory body or agency or arbitrator thereof, such invalidity or unenforceability shall attach only to such provisions or conditions or any part thereof. The validity of the remaining provisions or parts shall not be affected thereby and this Agreement shall be carried out as if such invalidity or unenforceable provision or condition were not contained herein.
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