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terms&conditions

IMPORTANT: PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. IN ACCESSING AND/OR USING ANY OF SOLOMON BLAKE LLP’S SERVICES, YOU SIGNAL YOUR AGREEMENT TO ALL OF THE FOLLOWING TERMS AND CONDITIONS. APPLIED TRADING METHOD (“ATM”) & SB SIGNALS (“SBS”) IS THE TRADING NAME OF THE ELECTRONIC TRADING BASED SERVICES WHOLLY OWNED AND CONTROLLED BY SOLOMON BLAKE LLP.

1. ACCEPTANCE OF TERMS.

1.1. Solomon Blake LLP, Registered Company in England and Wales Number OC384440 (hereafter referred to as "Solomon Blake LLP" and the “Company”) provides services (“Services”) subject to the following Terms of Use ("Agreement"), which may be updated by Solomon Blake LLP from time to time without express notice to you. Please ensure that you regularly review the most current version of the Agreement, which is available at http://www.solomonblakeblake.co.uk/terms.
1.2. In using the Services provided through Solomon Blake LLP, you hereby agree to be bound by this Agreement, including any revisions or amendments hereto. Your Agreement to the terms contained herein applies, without limitation, to any subscription and/or payment based Services, including free trials (hereafter referred to as “Free Trials”), offered by Solomon Blake LLP through both the Solomon Blake LLP website and/or any other publications or materials.
1.3. When using any of the Services operated by Solomon Blake LLP, you agree to adhere to any and all guidelines and/or rules set forth by Solomon Blake LLP. All such guidelines or rules are hereby incorporated by reference into the Agreement and made a part hereof.

2. DESCRIPTION OF SERVICE, STATEMENTS OF INTENTIONS AND UNDERSTANDING.

2.1. Solomon Blake LLP is not a brokerage, financial planner, or investment advisor, and is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever.
2.2 Solomon Blake LLP provide the ATM course & the SBS subscription service as products of Solomon Blake LLP
2.2.1 ATM is an educational course offering Users the opportunity to understand and navigate the Metatrader 4 (“MT4”) platform in order to be able to enter and exit self-executed trades.
2.2.2 SBS is a subscription based service offering Users a trading diary only. Comments and posts submitted by Solomon Blake LLP staff should not be interpreted as trading recommendations. Solomon Blake LLP does not purport to convey, sell, transfer, or offer any advice whatsoever, including without limitation, financial and/or investment advice. Any implementation of the information conveyed therein is done so entirely at the discretion of the User, and Solomon Blake LLP will not be held liable for any losses which may be incurred as a result.
2.3. Solomon Blake LLP will under no circumstances offer to disclose or divulge, in whole or in part, any of the methods and/or systems upon which its Services are based, by way of this Agreement or otherwise. Further, Users agree to waiver any right to claim, request, or assert that such methods and/or systems, in whole or in part, be revealed and/or otherwise disclosed.
2.4. The User understands and unequivocally agrees that any and all Services offered through Solomon Blake LLP are intended for educational purposes only. Further, the User is exclusively granted access to both the website and the Services offered through Solomon Blake LLP on the condition that any and all rights to claim or assert otherwise are waived. The User acknowledges, understands and agrees that no employee or agent of Solomon Blake LLP has the power or authority to make any representation to the contrary on behalf of Solomon Blake LLP.
2.5. Users of the Solomon Blake LLP Service acknowledge and accept full responsibility for any decisions made regarding whether, how, and to what extent they choose to use Services offered through Solomon Blake LLP. Further, Users are subject to the restrictions set forth in this Agreement, in addition to any and all applicable laws, statutes, regulations, ordinances and/or rules. The User agrees that the Solomon Blake LLP Service is in no way intended to represent either investment or financial advice, nor must it be interpreted thus. Further, the User agrees that the Services offered through Solomon Blake LLP constitute neither a representation nor a suggestion that the User, nor any other person or entity, would or might profit, either financially or otherwise, by using or acting upon the Services offered through Solomon Blake LLP. The User accepts that Services must at no point be interpreted as either a call to action or inaction, and knowingly waives all claims and assertions to the contrary.
2.6. Users of Services made available through Solomon Blake LLP are advised that any assumptions, presumptions, or conclusions drawn by the User against Solomon Blake LLP’s Services, and/or the information and materials (hereafter referred to as the “Information”) provided in connection therewith, do not necessarily reflect the nature of the Service and/or material in question.
2.7. Any decision to engage in action taken by either the User or any entity made privy to Solomon Blake LLP’s Services and/or material is done so against the express warnings and cautions of Solomon Blake LLP.
2.8. Any User who seeks, desires or requires financial planning should seek the advice of a qualified financial planner, and should not rely upon the Services and/or Information made available through Solomon Blake LLP, or upon any express or implied representation of Solomon Blake LLP, or any person acting on its behalf.
2.9. Any User who seeks, desires or requires brokerage services should seek the advice of a qualified and licensed broker, and should not rely upon the Services and/or Information made available through Solomon Blake LLP, or upon any express or implied representation of Solomon Blake LLP or any person acting on its behalf.
2.10. This Section 2 is intended, without limitation, to constitute evidence of the respective intentions of the parties and User’s understanding thereof. However, it is not an all-inclusive description of such intentions and understanding.

3. USER’S REGISTRATION OBLIGATIONS.

3.1. Through receipt and/or use of the Services offered through Solomon Blake LLP, the User confirms that they have the legal capacity to form a binding contract, and that they are not otherwise barred from receiving the Services and material offered through Solomon Blake LLP under the laws of applicable jurisdictions.
3.2. In completing the registration for any of the Services offered through Solomon Blake LLP, the User agrees to: (a) provide Solomon Blake LLP with true, accurate, and complete information as per the Solomon Blake LLP Application Form, and (b), to maintain and promptly update any and all User information as and when the User’s circumstances change. Amendments should be made through the ‘My Account’ page of the Solomon Blake LLP website (http://www.solomonblake.co.uk/account). Where the User provides information which is untrue, inaccurate, out of date, or incomplete, or where Solomon Blake LLP has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, Solomon Blake LLP has the right to suspend and/or terminate the User’s account (hereafter referred to as the “Account”), and to bar the User or anyone acting on the User’s behalf from any and all current and future use of the Services offered through Solomon Blake LLP. Failure to comply with the aforementioned conditions shall constitute a breach of this Agreement. Any breach in this Agreement may result in the immediate termination of the User’s Account, in addition to any and all other actions deemed appropriate in response to the breach.
3.3. The User may not: (a) select or use any User ID belonging to another User with the intention of impersonating that person; (b) employ a User ID in which another person has rights without such person’s express authorization made available in writing to Solomon Blake LLP; (c) select a User ID which Solomon Blake LLP, in its sole discretion, deems offensive or; (d) attempt to conceal the User’s true identity in any manner, or to otherwise portray themselves as any other person or entity. Failure to comply with the aforementioned conditions shall constitute a breach of this Agreement. Any breach in this Agreement may result in the immediate termination of the User’s Account, in addition to any and all other actions deemed appropriate in response to the breach.
3.4. The User shall remain responsible for maintaining the confidentiality of their Account password. Where the User suspects unauthorized use of their Account, or where the User has identified a suspected breach of security, including loss, theft, or unauthorized disclosure of the User’s password, the User must notify Solomon Blake LLP in the first instance by contacting info@solomonblake.co.uk.
3.5. The User is solely responsible for any and all usage and activity conducted under the User’s ID, including use of the Services offered through Solomon Blake LLP by any third party who has been authorized, with Solomon Blake LLP’s express written consent as provided herein, to use the User’s ID and password. Any conduct or activity undertaken by the User or anyone acting on the User’s behalf which is illegal or prohibited under any applicable law, statute, regulation, ordinance, or rule, or which is fraudulent or deceitful, or which constitutes a breach of this Agreement, shall, at Solomon Blake LLP’s sole discretion, constitute grounds for termination of the User’s Account, in addition to any and all other actions deemed appropriate in response to the breach. Solomon Blake LLP may, where appropriate, refer offending conduct to law enforcement and/or other governmental agencies.

4. SUBSCRIPTION PERIOD.

4.1. The User will only be entitled to receive those Services and/or Information offered through Solomon Blake LLP during the period between the beginning and ending dates (hereafter referred to as the “Subscription Period”) specified at the time of subscription selection. Those Users participating in a Free Trial will receive access to Solomon Blake LLP Services and materials for a period of fourteen days.
4.2. Subscriptions will automatically renew until cancelled by the User or Solomon Blake LLP as described herein. The User will receive advanced notification prior to subscription expiration advising that their access to Solomon Blake LLP services will soon expire by way of electronic mail. The User may cancel subscription renewal at any point prior to their bank account being charged for the new Subscription Period. During the Subscription Period, the User will be entitled to access only the Services and Information specified at the time of registration. The User may not carry over to a subsequent Subscription Period any unused portion of User’s Subscription Allotment (hereafter referred to as “Subscription Allotment”). Each Subscription Allotment will expire at the end of its associated Subscription Period.

5. TRIAL PERIOD.

5.1. Trial Periods may be either free or paid, as further described herein. If subscribing as a trial customer, the User will be entitled to receive Solomon Blake LLP’s designated Services and/or Information only during the period between the beginning and ending date specified at the time of registration (hereafter referred to as “Trial Periods”). Trial Periods will not be automatically renewed, and the User may not subscribe for more than one Free Trial without the express written permission of Solomon Blake LLP. During the Trial Period, the User will be entitled to access only the services and/or Information specified at the time of registration. The User may not carry over to any subsequent Trial Period, should the same be permitted by Solomon Blake LLP, any unused portion of any previous Trial Allotment (hereafter referred to as “Trial Allotment”), unless specifically authorized in writing by Solomon Blake LLP. Each Trial Allotment will expire at the end of the associated Trial Period.
5.2. The User expressly, unequivocally and irrevocably understands and agrees that: (a) trials of the Services offered through Solomon Blake LLP, whether free or paid, are offered at the sole discretion of Solomon Blake LLP. Solomon Blake LLP reserves the right to deny Service trials to any individual or entity at its sole discretion for any reason; (b) Solomon Blake LLP will grant not more than one Free Trial per User, unless expressly permitted in writing by Solomon Blake LLP. In the event that the User nonetheless attempts to register for an additional trial of the Services offered through Solomon Blake LLP, free or paid, the User’s Account will be terminated; (c) all Free Trials may be denied and/or terminated at the sole discretion of Solomon Blake LLP, and; (d) all sales are final, that all Fees are non-refundable, and that all rights to such trials are non-transferable.

6. PAYMENT TERMS.

6.1. Payment for Services offered through Solomon Blake LLP must be made using a valid credit or debit card through the online payment system. Solomon Blake LLP’s fees (hereafter referred to as “Fees” and “Subscription Fees”), including, if any, all applicable taxes, are payable in Pound Sterling. The User expressly understands that all sales for Solomon Blake LLP’s Services and/or Information are final, and all Fees are non-refundable and non-transferable. In the event that, at the time a charge for Fees is made by Solomon Blake LLP, the Users credit/debit card is no longer valid, or Solomon Blake LLP’s charge is not honoured for any reason, Solomon Blake LLP will attempt to make a single charge for all Fees then due against the User’s credit/debit card for three consecutive business days. Upon the third and final failed attempt to do so, unless the User provides a new and valid credit/debit card, Solomon Blake LLP will terminate the User’s Account immediately.
6.2. The User expressly, unequivocally and irrevocably understands and agrees that: (a) for subscriptions to the Services offered through Solomon Blake LLP, the User agrees to pay Solomon Blake LLP the Fee(s) specified at the time of registration or renewal. The Fee is payable in advance for the Subscription Period. The User authorizes Solomon Blake LLP to submit a scheduled recurring charge against the User’s credit/debit card for each of the User’s Subscription Fees, until such a time as the User chooses to cancel the subscription. Solomon Blake LLP may, from time to time, amend the pricing of Subscription Fees for its services. Users will receive notification of no less than 30 days prior to being subject to amended subscriptions Fees. Unless the User cancels their Account as provided herein within such a period, the User will be deemed to have accepted such revised Fee(s), thereby authorizing Solomon Blake LLP to charge the amended amount(s) to the User’s credit/debit card for any subsequent billing periods; (b) where Solomon Blake LLP agrees to offer the User a paid trial (hereafter referred to as “Paid Trial”), the User agrees to pay Solomon Blake LLP the fee agreed at the time of registration. Any Fee(s) resulting from a Paid Trial is payable in advance for the Trial Allotment.

7. CANCELLATION.

7.1. The User may cancel their Account at any time by contacting Solomon Blake LLP at support@solomonblake.co.uk or through the ‘My Account’ page of the Solomon Blake LLP website (http://www.solomonblake.co.uk/account). The User understands and acknowledges that the User, and no other party excluding Solomon Blake LLP, may cancel the subscription. In the event that the User terminates their subscription, such cancellation shall be effective at the end of the then-current Subscription Period during which such notice of cancellation as described above is received by Solomon Blake LLP. Regardless of when notice of cancellation is received, the User shall not be entitled to a refund of any portion of the User’s prior Subscription Fee(s) for the period then in effect.
7.2. Solomon Blake LLP may, in its sole discretion, cancel the User’s Account at any time, and for any reason, including, without limitation, breach of this Agreement as described herein, or violation of any applicable laws, statutes, regulations, ordinances, and/or rules. Such termination shall be effective immediately upon the dispatch of notice of such cancellation, through either written, faxed, or electronic means. In the event that Solomon Blake LLP terminates the User’s Account, and termination does not result from the User’s breach of this Agreement or violation of any applicable laws, statutes, regulations, ordinances, and/or rules, Solomon Blake LLP shall refund to the User, on a pro rata basis, such portion of the User’s then-current Subscription Fee(s) as remains unused at the time of such termination.
7.3. The User’s right to use and/or utilize in any manner the Services and/or Information offered through Solomon Blake LLP shall terminate and expire immediately upon termination of the User’s Account, whether terminated by the User or by Solomon Blake LLP.

8. NON-EXCLUSIVITY.

8.1. This Agreement is non-exclusive, and Solomon Blake LLP may provide its Services and Information to any other User, or to any other person or entity, at its sole discretion.

9. PRIVACY POLICY.

9.1. Registration data and certain other information about the User is subject to Solomon Blake LLP’s Privacy Policy. For more information, see our full Privacy Policy at http://www.solomonblake.co.uk/privacy.

10. COVENANTS, PROMISES, REPRESENTATIONS, STIPULATIONS AND WAIVERS BY USER.

10.1. In material consideration of the provision and/or disclosure of Solomon Blake LLP’s Services and Information to the User by Solomon Blake LLP, the User expressly, unequivocally, irrevocably, and with the express intention that Solomon Blake LLP rely materially thereon in agreeing to provide its Services and/or Information to the User, makes the following covenants, promises, representations, recitals, stipulations and waivers:
10.1.1. As a material condition of this Agreement, made with the express intention by the User that Solomon Blake LLP rely thereon in determining to grant the User access to its Services and Information as described herein, the User expressly represents that the User is a natural person who is acting solely and exclusively for himself/herself in entering into this Agreement, and not on behalf of any other person, organization, group, broker, or brokerage, and that, in entering into this Agreement and thereby gaining access to the Services and Information offered through Solomon Blake LLP as described herein, the User does not do so for the purpose of competing in any manner with Solomon Blake LLP or for the purpose of developing or operating a business to offer or provide services similar to the Services provided by Solomon Blake LLP.
10.1.2. The User unequivocally and irrevocably covenants, promises, stipulates, acknowledges and agrees that he/she will not reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, including without limitation commercial purposes, any portion of the Services and/or Information made available through Solomon Blake LLP, or any result, product, data or information of any nature derived from Solomon Blake LLP’s Services or Information, or the use thereof, including, without limitation, access to said Services and/or Information, and will not disclose, reveal, re-broadcast, distribute, give or otherwise impart any part or portion of the Services and/or Information to any person or entity whatsoever, including, but not limited to, the User’s family, friends, colleagues, associates, employers, employees, trading groups or associations, or brokers. Further, the User unequivocally and irrevocably covenants, promises, stipulates, acknowledges and agrees that none of the rights granted to the User pursuant to this Agreement, including but not limited to the right to utilize and/or receive Solomon Blake LLP’s Services and/or Information, may be assigned by the User, or anyone acting on the User’s behalf, to any person or entity. Unless the User’s Account is earlier terminated by Solomon Blake LLP or the User as provided in this Agreement, all rights granted to the User pursuant to this Agreement, including but not limited to the right to utilize and/or receive Solomon Blake LLP’s Services and/or Information for any purpose, shall terminate on the death or incompetence of the User.
10.1.3. The User expressly, unequivocally and irrevocably agrees not to undertake or engage in any activity or enterprise at any time or under any circumstances which in any way uses, utilizes, or refers to Solomon Blake LLP’s name, and/or the content, images, graphics, appearance, likeness, and/or functionality of Solomon Blake LLP’s website or any part thereof, or any Information created, generated, and/or distributed by Solomon Blake LLP as part of, or in connection with, the Services and/or Information offered through Solomon Blake LLP, or to publish or disseminate in any manner any material of any nature which is deceptively similar in any manner or respect to any of Solomon Blake LLP’s Services and/or Information, or to otherwise engage in any conduct or activity which would constitute unfair competition with Solomon Blake LLP.
10.1.4. The User expressly, unequivocally, and irrevocably stipulates, acknowledges and agrees that he/she will under no circumstances take any action with regard to and/or involving Solomon Blake LLP’s Services and/or Information to be disclosed and/or provided pursuant to this Agreement, which is contrary to any laws, statutes, regulations, ordinances, and/or rules under applicable jurisdictions.
10.1.5. So as to protect Solomon Blake LLP and to provide Solomon Blake LLP with all legal and equitable remedies to the maximum extent available in the event of a breach of this Section 10.1. of this Agreement by the User, whether intentional, inadvertent, or otherwise, User acknowledges and agrees that Solomon Blake LLP would be subject to substantial and irrevocable harm by reason thereof for which monetary relief alone would be inadequate. The User therefore stipulates to the issuance in favour of Solomon Blake LLP or its agent or assignee of a temporary restraining order, preliminary injunction, and permanent injunction against the User and/or any person or entity acting on the User’s behalf, at the User’s instruction or with the User’s authority, by any court of competent jurisdiction, enjoining all conduct in breach or in derogation of this term of this Agreement. User stipulates that such injunctive relief may be obtained, at the election of Solomon Blake LLP, or its agent or assignee, by ex parte application, without notice to the User. It is unconditionally and irrevocably agreed this paragraph shall survive termination of this Agreement.
10.2. Notwithstanding any other provisions described herein, and without limiting in any way any rights, claims or bases for relief of any nature, or remedies on the part of Solomon Blake LLP, the User expressly, unequivocally, and irrevocably understands and agrees that should it be determined that the User, without the express prior written authorization of Solomon Blake LLP, describing with specificity, the precise extent of permissible additional use and/or disclosure to others of any part of the Services and/or Information made available through Solomon Blake LLP, if any, has: (a) disclosed and/or revealed any part of the Services and/or Information made available through Solomon Blake LLP to any other person or entity; (b) traded on behalf of any other person or entity other than the User, or otherwise revealed, shared, or transferred in any manner to entities other than the User, any of the benefits, results and/or Information made available to the User through their subscription to Solomon Blake LLP’s Services; (c) misrepresented, or failed to accurately represent, at the time of initial subscription to Solomon Blake LLP’s Services, that the User intended to disclose, reveal, and/or impart any part, component, result and/or product of Solomon Blake LLP’s Services and Information, or the User’s use thereof, to any other person or entity, or intended to trade for the account(s) of any person or entity other than the User, or intended to use or access Solomon Blake LLP’s Services in any other manner other than for personal use by the User alone, and for no other person and/or entity; (d) misrepresented or failed to accurately and regularly disclose in advance and on an on-going and continuous basis to Solomon Blake LLP at all times following initial subscription, that the User intended to engage in any uses contrary to the terms of use described herein, and/or; (e) actually engaged in any action contrary to the terms of use described herein, then the User shall be held accountable for Fees due to Solomon Blake LLP at Solomon Blake LLP’s then current subscription rate for any Services and/or Information provided to the User pursuant to the terms raised at the point of registration for each such person and/or from and after the first month during which the User has engaged in any additional uses of the Services and/or Information made available through Solomon Blake LLP, and continuing through the then current month. Payment for any and all such additional uses of the Services and Information made available through Solomon Blake LLP shall be due from the User immediately upon demand. Further, the User hereby expressly authorizes Solomon Blake LLP to make a charge for Fees due for such additional uses of Solomon Blake LLP’s Services and Information against the User’s then current credit/debit card as described above.
10.3. The User stipulates, acknowledges and agrees that none of the Information provided to the User by Solomon Blake LLP pursuant to this Agreement is, or under any circumstances will become, the property of the User, or that such Information or any portion thereof may be assigned, disclosed, and/or otherwise disseminated by the User to any other person or entity by any means whatsoever.
10.4. The User stipulates, acknowledges and agrees that any and all parts of the Information supplied to the User by Solomon Blake LLP pursuant to this Agreement is provided “as is,” and without warranties, representations, or guarantees by Solomon Blake LLP of any nature, including, but not limited to, warranty of merchantability or of fitness for a particular purpose.
10.5. The User stipulates, acknowledges and agrees that Solomon Blake LLP is not a brokerage, financial planner, or investment advisor, and the User understands that Solomon Blake LLP is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever.
10.6. The User stipulates, acknowledges and agrees that this Agreement does not constitute an Agreement by Solomon Blake LLP or anyone acting on its behalf to provide, either generally or specifically, investment advice, financial advice, or advice of any nature.
10.7. The User stipulates, acknowledges and agrees that the User has neither disclosed with Solomon Blake LLP, nor any party acting on its behalf, any aspect of the financial condition, goals, desires or plans of the User, or of any other person or entity, and that neither the User nor Solomon Blake LLP have done anything to make Solomon Blake LLP, or anyone acting on its behalf, aware, even in a general manner, of the financial condition, goals, desires or plans of the User or of any other person or entity. Further, information presented on Solomon Blake LLP website is not assessed as being appropriate for the investment activities of any particular subscriber.

11. COVENANTS AND PROMISES BY Solomon Blake LLP.

11.1. Subject to the full and complete compliance by the User to all of the terms and conditions contained herein, and in consideration of the promises, covenants, representations, and waiver made by the User, as set forth in this Agreement, each of which is expressly and irrevocably deemed and agreed to constitute a material term of and consideration for the performance of Solomon Blake LLP as described herein, Solomon Blake LLP covenants and promises that Solomon Blake LLP shall provide to the User, and to no other person or entity, except as agreed upon in writing by Solomon Blake LLP, those Services and/or Information as described in this Agreement at the time of registration.

12. LINKS.

12.1. Solomon Blake LLP may, in its sole discretion, provide links to other World Wide Web sites or resources. Because Solomon Blake LLP has no control over such sites and resources, the same are provided to the User of Solomon Blake LLP’s Services solely as an accommodation, and the User expressly, unequivocally, and irrevocably acknowledges and agrees that Solomon Blake LLP is not responsible for the availability of such external sites or resources, and that Solomon Blake LLP does not endorse and is not responsible or liable for any content, advertising, products and/or other materials on or available through such sites or resources. Further, the User expressly, unequivocally, and irrevocably acknowledges and agrees that Solomon Blake LLP is not and shall not be responsible or otherwise liable in any manner, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the User’s use of and/or reliance upon any such content, goods or services made available on or through any such site or resource.

13. INDEMNITY.

13.1. User expressly, unequivocally, and irrevocably agrees to defend, indemnify and hold harmless Solomon Blake LLP and its agents, employees, officers, directors, or principals from any and all claims of every nature whatsoever which may in any way be asserted and/or made against Solomon Blake LLP, or any agent, employee, officer, director, or principal thereof, as a result of the actions of the User, or any person or entity acting on behalf of the User, at the User’s instruction, with the User’s ratification, and/or with the User’s express and/or implied authority. Any person or entity to whom the User has revealed the Services and/or Information made available through Solomon Blake LLP, or any part, component, or result thereof, shall be conclusively deemed for purposes of this Agreement to be acting as the User’s agent and with the User’s express consent, authority and ratification. The User’s obligation of defence shall arise immediately upon demand therefore by Solomon Blake LLP.

14. MODIFICATIONS TO SERVICE.

14.1. Nothing about this Agreement shall prohibit, limit, or restrict in any way the right of Solomon Blake LLP to utilize and/or apply any presently existing or new technology which may become available so as to implement the development or provision of the Services provided hereunder by Solomon Blake LLP, or any other services, which Solomon Blake LLP may hereinafter elect to provide, and the implementation or non-implementation of such technology shall be within the sole discretion of Solomon Blake LLP. Solomon Blake LLP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its Services and/or Information (or any part thereof) with or without notice. Except to the extent that Solomon Blake LLP terminates the User’s Account due to no fault or breach of this Agreement by the User, in which event the User expressly, unequivocally and irrevocably agrees that the User shall be entitled only to a refund on a pro rata basis of such portion of the User’s then-current Subscription Fee as remains unused at the time of such termination, and to no other compensation, damages, or relief of any nature, the User expressly, unequivocally and irrevocably agrees that Solomon Blake LLP shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the service.

15. DISCLAIMER OF WARRANTIES.

15.1. USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY UNDERSTANDS AND AGREES AS FOLLOWS:
15.2. THE USER’S USE OF THE SERVICES AND/OR INFORMATION OFFERED THROUGH SOLOMON BLAKE LLP IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. SOLOMON BLAKE LLP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY WAIVES ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ACCEPTS SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION SUBJECT TO ALL DISCLAIMERS BY SOLOMON BLAKE LLP CONTAINED IN THIS AGREEMENT.
15.3. SOLOMON BLAKE LLP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET USER’S REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICE WILL MEET THE USER’S EXPECTATIONS. THE USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY WAIVES ALL SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ACCEPTS SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION SUBJECT TO ALL DISCLAIMERS BY SOLOMON BLAKE LLP CONTAINED IN THIS AGREEMENT.
15.4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT THE USER’S OWN DISCRETION AND RISK. SUCH RISK IS EXPRESSLY, UNEQUIVOCALLY, IRREVOCABLY, KNOWINGLY, VOLUNTARILY, AND INTELLIGENTLY ASSUMED BY THE USER, WHO IS AND SHALL REMAIN SOLELY RESPONSIBLE FOR ALL DAMAGES SUSTAINED, OR CLAIMED TO HAVE BEEN SUSTAINED, IN ANY MANNER THROUGH THE USE OF SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL.
15.5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SOLOMON BLAKE LLP, OR BY OR THROUGH ITS SERVICES OR INFORMATION, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

16. LIMITATION OF LIABILITY.

16.1. THE USER EXPRESSLY, UNEQUIVOCALLY, AND IRREVOCABLY UNDERSTANDS AND AGREES AS FOLLOWS:
16.2. THAT SOLOMON BLAKE LLP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PRINCIPALS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO THE USER UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE SOLOMON BLAKE LLP’S SERVICES OR INFORMATION, OR ANY PART OR COMPONENT THEREOF; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES AND/OR GOODS RESULTING FROM THE FAILURE OF ANY PART OR COMPONENT OF SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION, INCLUDING WITHOUT LIMITATION THE CREATION, DEVELOPMENT, PRESENTATION AND/OR TRANSMISSION THEREOF; (C) ANY TRADES EXECUTED OR NOT EXECUTED, OR TRANSACTIONS ENTERED INTO OR NOT ENTERED INTO, BY THE USER AS A RESULT, IN WHOLE OR IN PART, OF THE USER’S RELIANCE UPON SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION, OR ANY PART OR COMPONENT THEREOF; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION ANY OTHER SUBSCRIBER OR USERS OF SOLOMON BLAKE LLP’S SERVICES AND INFORMATION; AND/OR (F) ANY OTHER MATTER RELATING TO SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION OF ANY NATURE. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, THE USER EXPRESSLY, UNEQUIVOCALLY AND IRREVOCABLY AGREES THAT IN NO EVENT SHALL SOLOMON BLAKE LLP BE DEEMED LIABLE FOR DAMAGES IN EXCESS OF THE SUBSCRIPTION FEES PAID BY THE USER DURING THE USER’S THEN-CURRENT SUBSCRIPTION PERIOD.
16.3. SOLOMON BLAKE LLP SHALL NOT BE LIABLE TO THE USER, OR TO ANY OTHER PERSON OR ENTITY, FOR ERRORS IN THE TRANSMISSION OF ITS SERVICES AND/OR INFORMATION, OR FOR THE USER’S NON-RECEIPT OF SUCH SERVICES AND/OR INFORMATION, OR ANY PART OR COMPONENT THEREOF, FOR ANY REASON WHATSOEVER. SOLOMON BLAKE LLP DISCLAIMS ALL LIABILITY OF ANY NATURE TO USER, OTHER THAN A REFUND OF ANY UNUSED PORTION OF USER’S SUBSCRIPTION FEE, AS APPLICABLE AND TO THE LIMITED EXTENT AS DESCRIBED ABOVE (SEE "CANCELLATION",) OF THIS AGREEMENT. THE USER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ACCEPTS SUCH DISCLAIMER AND WAIVER OF LIABILITY IN ALL RESPECTS. FURTHER, THE USER SHALL, AND HEREBY DOES, INDIVIDUALLY AND ON BEHALF OF THE USER, HIS OR HER DESCENDANTS, ANCESTORS, DEPENDENTS, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, ATTORNEYS, AND BUSINESS ENTITIES AND THEIR OFFICERS, DIRECTORS, PRINCIPALS AND SHAREHOLDERS, KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY FULLY RELEASE AND FOREVER DISCHARGE SOLOMON BLAKE LLP, AND ITS OFFICERS, DIRECTORS, AGENTS, MEMBERS, PRINCIPALS, ADMINISTRATORS, ASSIGNS, SUCCESSORS, ATTORNEYS, EMPLOYEES, AND BUSINESS ENTITIES, AND THEIR OFFICERS, DIRECTORS, PRINCIPALS AND SHAREHOLDERS, FROM ANY AND ALL MANNER OF ACTION OR ACTIONS, CAUSE OR CAUSES OF ACTION IN LAW OR IN EQUITY OR OTHERWISE, SUITS, DEBTS, LIENS, CONTRACTS, AGREEMENTS, PROMISES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, WHICH NOW EXIST OR WHICH MAY ARISE IN THE FUTURE IN CONNECTION WITH THIS AGREEMENT, OR THROUGH THE USER’S USE OR APPLICATION OF SOLOMON BLAKE LLP’S SERVICES AND/OR INFORMATION OR OTHERWISE.

17. GOVERNING LAW AND ELECTION OF VENUE.

17.1. The parties each expressly, unequivocally and irrevocably agree that this Agreement is to be construed and interpreted according to British law, without regard to principles of conflicts of laws, and that venue in all actions and/or proceedings arising out of or in any way related to this Agreement shall be exclusively addressed within the United Kingdom.

18. MISCELLANEOUS.

18.1. No Presumption Against Draftsman. This Agreement is to be construed and interpreted without regard to the identity of the party drafting it.
18.2. Severability. If any of the provisions of this Agreement are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms of use are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining provisions shall survive and continue to be binding and enforceable.
18.3. Entire Agreement; Integration. All agreements, covenants, representations and warranties, express and implied, oral or written, of the parties to this Agreement concerning its subject matter are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party, nor relied upon by any party, concerning the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter of this Agreement are merged herein. This is an integrated Agreement.
18.4. Waiver. No failure by Solomon Blake LLP to assert, object to, or act upon any violation, breach or failure of performance of this Agreement by the User shall constitute a waiver of any right whatsoever by Solomon Blake LLP, either with respect to such breach or failure of performance, or to any subsequent breach or failure of performance.
18.5. Agreement Binding Upon Agents. The parties understand and agree that the agreements, undertakings, acts and other things done or to be done by each party in this Agreement shall run and, inure to the benefit of, and be binding upon, their respective agents, attorneys, servants, employees, independent contractors, representatives, heirs, assigns and successors.
18.6. No Reliance By User. User stipulates, acknowledges and agrees that he or she has relied solely upon his or her own judgment, belief and knowledge in entering into this Agreement. The User further represents, stipulates, acknowledges and agrees that, in entering into this Agreement, he or she has not been influenced by any representations or statements concerning any matters made by Solomon Blake LLP or any other person, and freely enters into this Agreement.
18.7. Legal Fees and Costs. If any action at law or equity, including an action for declaratory or injunctive relief, is brought to enforce, interpret or construe the provisions of this Agreement or any agreements or instruments contemplated thereunder, the prevailing party shall be entitled to recover its actual attorney’s fees and costs, without application of any schedule of attorney’s fees, reasonably incurred, which may be determined by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
18.8. Confidentiality. Except as otherwise provided herein or as required by law, the User shall at all times keep the terms of this Agreement confidential, except as is necessary to carry out effectively the terms of this Agreement.

19. CONTACT SOLOMON BLAKE LLP:

19.1. For questions and comments relating to this Agreement or to the Solomon Blake LLP website, or for questions or comments concerning either Solomon Blake LLP or the Services and Information offered through the Company, please contact info@solomonblake.co.uk

Solomon Blake LLP's Terms & Conditions was last updated on 13/05/2014


WARNING: Forex & Equities trading carries a high level of risk & is not suitable for all investors. The leverage associated with Forex & Equities trading can result in losses which may exceed your initial investment. Consider your objectives & level of experience carefully before trading & if necessary seek advice from a financial advisor.

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