Disclaimer
Remek! Trading Systems Inc. provides educational and software services only. All information presented on these pages (remek.ca), including all materials that may be sent to you by email from time to time, are presented for educational, informational and entertainment purposes only. No information on this site and no service or product provided by Remek! Trading Systems Inc. shall be construed or interpreted as financial or investment advice. Any and all trade(s) or other financial transactions you may decide to execute based on information on these pages or on reliance of our service(s) are taken solely at your own risk for your own account. Remek! Trading Systems Inc., its principals, directors, employees or affiliates have no financial interest in the outcome of any trade that may be presented on this site. No information or statement on this site shall be interpreted as an offer to buy or sell financial instruments, including but not limited to futures, options, commodity contracts, cryptocurrencies or equities. You should seek advice from an independent financial advisor before making any short term or long term investment decisions.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
CFTC Required Risk Disclosure
Futures and options trading has large potential for rewards, but also large potential for risk. You must be aware of those risks and accept them before you invest in the futures and options markets. Don't trade with money you can't afford to lose. This website and the products, services and other information contained herein is neither a solicitation nor an offer to trade futures, options or other financial products or services. No representation is being made that any account will or is likely to achieve profits or losses similar to those mentioned, shown or referred to or otherwise displayed on this website. Any past performance of any trading system or investment or trading method is not indicative of future results.
Terms and Conditions
By visiting our site (remek.ca), using our services, and/or buying our products, you expressly agree to be bound by the following Terms and Conditions:
ENTIRE AGREEMENT. This Agreement governs the entire relationship between you and Remek! Trading Systems, Inc. (Toronto, Canada).
LEGAL AGE REQUIREMENT. By visiting our website and/or using or purchasing any of our products and/or services, you acknowledge and warrant that you are of legal age and have the legal right to access these pages, use any of our services and/or buy any of our products in your jurisdiction, and you have the legal right to unconditionally and irrevocably agree to be bound by the Terms and Conditions set forth herein. You shall not access any part of this site or use or buy any of our the services and/or products if you do not fully agree to be bound by all the Terms and Conditions set forther in this Agreement.
SCOPE OF SERVICES. No principals or employees or affiliates of Remek! Trading Systems Inc. are financial advisors or certified analysts under Canadian or international law. Therefore all information on these pages are strictly for educational, informational, and entertainment purposes only. Under no circumstances shall Remek! Trading Systems Inc. be regarded as a financial advisory service. You hereby agree that you will not make financial decisions based on information made available on this site. Remek! Trading Systems Inc., its principals, employees and associates will not be held responsible for any loss or profit suffered or gained by any market participant for any reason. By visiting and using our site, and/or buying our services or products, you expressly agree to assume all risks and costs associated with any trading decision you endeavor to take.
LIMITATION OF LIABILITY. Remek! Trading Systems Inc., its principals, employees, or affiliates will, in no circumstances, be held liable for any loss, financial or otherwise, as a result of using any information, service or product presented on these pages. All information, services and products presented on these pages are provided as is, without warranty or representation of any kind. Remek! Trading Systems Inc. will not warrant the quality, accuracy, reliability, adequacy or completeness of any of information, service or product presented on these pages for any particular purpose, and expressly disclaims any liability for errors and/or omissions in all information, service or product presented. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PRINCIPALS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES WILL NOT BE LIABLE FOR ANY AND ALL DAMAGES UNDER ANY AND ALL THEORIES IN CANADIAN, US OR INTERNATIONAL LAW (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE CONTENT, INCLUDING WITHOUT LIMITATION ANY CONTENT OR THIRD PARTY CONTENT, OF THIS SITE, YOUR USE OR INABILITY TO USE INFORMATION, SERVICES OR PRODUCTS PRESENTED ON THIS SITE, OR ANY DECISION OR ACTION YOU MAY DECIDE TO MAKE BASED ON ANY INFORMATION PRESENTED ON THIS SITE. YOU AGREE THAT, UNDER NO CIRCUMSTANCES AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY, IF ANY, THAT REMEK! TRADING SYSTEMS INC., ITS PRINCIPALS, EMPLOYEES OR AFFILIATES MAY OWE TO YOU IN CONNECTION WITH THIS AGREEMENT, THE SITE, AND YOUR USE OF THE SITE AND ITS CONTENT, SHALL NOT, UNDER ANY CIRCUMSTANCE OR THEORY IN LAW (INCLUDING CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT) OR RECOVERY, EXCEED THE AMOUNT YOU SPENT ON SERVICES OR PRODUCTS PROVIDED BY US TO YOU OR USD100, WHICHEVER IS LESS. YOUR ONLY OTHER REMEDY IN CASE OF YOUR DISSATISFACTION WITH THE SITE, OUR SERVICES OR OUR PRODUCTS OR INFORMATION PRESENTED ON THE SITE IS TO STOP USING THE SITE AND THE SERVICES OR PRODUCTS OFFERED AND TO CANCEL ANY MEMBERSHIP OR SUBSCRIPTION YOU MAY HAVE. By purchasing our products and/or services, you acknowledge being aware of the inherent risk in trading and that past performance is not indicative of future results. Remek! Trading Systems Inc., its directors, principals, employees and/or affiliates will not be held liable and/or responsible for any results you achieve at your own discretion while using our products and/or services. By using our products and/or services you agree that all and any trading decision you may make is solely your own. BY USING OUR WEBSITE AND PURCHASING OUR PRODUCT(S) AND/OR SERVICE(S), YOU ACKNOWLEDGE AND ACCEPT THE TERMS OF USE STATED HEREIN. YOU ALSO AGREE TO HOLD HARMLESS REMEK! TRADING SYSTEMS INC. AND/OR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS, OFFICERS, DIRECTORS AND/OR EMPLOYEES FROM ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR ANY OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR FINANCIAL AND/OR PSYCHOLOGICAL DISTRESS.
LEGAL RECOURSE. Under this Agreement, the parties agree to resolve any and all disputes exclusively through binding arbitration pursuant to relevant regulations on arbitration in the Provice of Ontario (Canada).
FREE TRIALS. We provide a multitude of materials and data on this site to show the usefulness of our products and services, and we provide a 15 day free trial period for all our products and services. For this reasons, all sales on this site are final, and there will be no refunds whatsoever for any reason. The user/purchaser shall be solely responsible for understanding this condition before purchasing any of our products or services. Should you have any questions or concerns regarding these policies, please contact us.
MEMBERSHIPS. While most materials on www.remek.ca is available publicly or with a free membership, certain pages may be reserved to subscribers. Our membership options are avaialble on our membership page. Due to the free trial period available for membership(s), there will be no refunds in any circumstances for membership fees. We reserve the right to change the content of our memberships or cancel any subscription package at our own discretion and/or in order to serve our customers better. If we choose to close or cancel a membership package, we will do our best to offer compensation to our subscribers in the form of software or services solely at our own discreation. No cash refunds will be issued for unused portions of subscriptions under any circumstances.
INTELLECTUAL PROPERTY. All information on the Remek! Premium pages is, unless indicated otherwise, intellectual property of Remek! Trading Systems, Inc. and is protected by Canadian and international copyright laws. No part of this document may be altered, distributed and/or transmitted in any way without the prior written consent of Remek! Trading Systems, Inc.
TERMINATION OR SUSPENSION OF PRODUCTS OR SERVICES. You further agree that Remek! Trading Systems, Inc. reserves the right to suspend or terminate any or all of its services at any time, and discontinue any or all of its products at any time, in which case any refunds will be offered solely at the discretion of Remek! Trading Systems, Inc..
AMENDMENTS. Remek! Trading Systems, Inc. reserves the right to amend any part of this Agreement at any time by posting these Terms and Conditions on these pages. Any changes to the Agreement will be effective immediately. You agree to refer to this Agreement from time to time for any updates or modifications. By accessing this site, you accept and agree to have read, understood, and be bound by the current Agreement as posted on these pages and/or communicated to you by other means, including by email.
Privacy Policy
Remek! Trading Systems Inc. (hereafter also “we,” “us,” “our,” and, “the Company”) is committed to providing its clients, customers and subscribers (hereafter also “you” or “your”) with exceptional service based on current Canadian and international regulations, including the EU's GDPR laws that came into effect on May 25, 2018. Protecting your personal information is of the highest priority.
We will continue to inform our clients, customers and subscribers of why and how we collect, use and disclose their personal information, obtain their consent where required, and only handle their personal information in a manner that is lawful, reasonable and appropriate.
Our privacy commitment includes ensuring the accuracy, confidentiality, and security of our clients’, customers’ and subscribers’ personal information and allowing our clients, customers and subscribers to request correction of or deletion of their personal information from our records at any time.
ON COLLECTING PERSONAL INFORMATION
First and foremost: at no point in time do we have access to our users' and/or customers' financial information. The encrypted information pertaining to any purchase on our website is shared strictly between the user(s)/customer(s) and their financial institution(s) as regulated by such financial institution(s). We do not, at any time, have access to customers' financial data.
Unless the purposes for collecting personal information are obvious, and the client, customer or subscriber voluntarily provides his or her personal information for those purposes, we will communicate the purposes for which personal information is being collected in writing, before or at the time of collection.
We will only collect - by using online tools, e.g. Google Analytics - client, customer and subscriber information that is necessary to fulfill the following purposes: to identify preferences; to deliver requested products and services; to process a subscription; to ensure a high standard of service, and to meet regulatory requirements.
Since some countries have additional laws requiring consent from individuals before using cookies, by using our website you acknowledge that you give your consent to our use of cookies in accordance with the terms of this policy.
CONSENT
We will obtain client, customer and subscriber consent to collect, use or disclose personal information (except where, as noted below, we are authorized to do so without consent). Consent can be provided orally, in writing, electronically. Consent may also be implied where a client, customer and subscriberis given notice and a reasonable opportunity to opt out of his or her personal information being used for the marketing of services/products, and the client, customer or subscriber does not opt out.
Subject to certain exceptions (e.g. the personal information is necessary to provide the service or product, or the withdrawal of consent would frustrate the performance of a legal obligation), clients, customers and subscribers can withhold or withdraw their consent from Remek! Trading Systems Inc. to use their personal information in certain ways. A client’s, customer’s, or subscriber's decision to withhold or withdraw his/her consent from certain uses of personal information may restrict our ability to provide a particular service or product. If so, we will explain the situation to assist the client, customer and subscriber in making the decision. We may collect, use or disclose personal information without the client’s, customer’s or subscriber's knowledge or consent in the following limited circumstances:
• When the collection, use or disclosure of personal information is permitted or required by law; In an emergency that threatens an individual's life, health, or personal security; When the personal information is available from a public source (e.g., a telephone directory); To protect ourselves from fraud;
USING AND DISCLOSING PERSONAL INFORMATION
We will only use or disclose client, customer and subscriber personal information where necessary to fulfill the purposes identified at the time of collection
To conduct client, customer and subscriber surveys in order to enhance the provision of our services;
To contact our clients, customers and subscribers directly about products and services that may be of interest;
To conduct client, customer and subscriber surveys in order to enhance the provision of our services;
To contact our clients, customers and subscribers directly about products and services that may be of interest to them;
We will not use or disclose clients', customers' and subscribers' personal information for any additional purpose unless we obtain consent to do so. We will never sell client, customer and subscriber lists or personal information to other parties.
SECURING PERSONAL INFORMATION
We are committed to ensuring the security of clients', customers' and subscribers' personal information in order to protect it from unauthorized access, collection, use, disclosure, copying, modification or disposal or similar risks.
We will use appropriate security measures when destroying a client’s, customer’s or subscriber’s personal information.
We will continually review and update our security policies and controls as technology changes to ensure ongoing personal information security and compliance with the law.
QUESTIONS, COMMENTS, COMPLAINTS
The Privacy Officer or designated individual within our company is responsible for ensuring Remek! Trading Systems Inc.’s compliance with this policy and the Personal Information Protection Act of Canada.
Clients, customers and subscribers should direct any complaints, concerns or questions regarding Remek! Trading Systems Inc.’s compliance in writing to our Privacy Officer or designated individual. If the Privacy Officer or designated individual is unable to resolve the concern, the client, customer or subscriber may also write to the Information and Privacy Commissioner of the Province of Ontario.
Contact information for Remek! Trading Systems Inc.’s Privacy Officer or designated individual is available on our Contact page.
Testimonial Disclaimer
All testimonials on our website are real and verifiable. No compensation or reward were offered in any way to any of the persons giving those testimonials. However, testimonials appearing on this website may not be representative of the experience of clients or customers other than the person(s) who gave them, and is therefore cannot be a guarantee of future performance or success.
Software License Agreement
THIS AGREEMENT is entered into as ofthe date of purchase (Effective date) by the CUSTOMER (LICENSEE) and REMEK! TRADING SYSTEMS INC. with offices in Toronto, On., Canada ("LICENSOR").
WHEREAS, Licensee wishes to license software sold by Remek! Trading Systems Inc. and available at www.remek.ca.
NOW THEREFORE, the parties hereto agree as follows:
1. GRANT OF LICENSE
Subject to the terms and conditions of the Agreement, Remek! Trading Systems Inc. grants to Licensee a non-exclusive, non-transferable license to use the software identified in Exhibit A (the "Licensed Programs"). Licensee may use the Licensed Programs in executable format for its own use, but may not translate, re-work, dissamnble, reingineer or modify the licensed programs or incorporate them into other software. Licensee also may not, transfer or sublicense the Licensed Programs to any third party, in whole or in part, in any form.
2. CONSIDERATION TO REMEK!
a. Licensee shall pay, upon delivery of the Licensed Programs, the license fees set forth in Exhibit A attached hereto.
b. License fees do not include any shipping, duties, bank fees, sales, use, excise or similar taxes due. If Licensor is required to pay any such amounts, Licensee shall reimburse Licensor in full.
c. By purchasing any product(s) or service(s), Purchaser acknowledges and agrees that all sales are final and there will be no refunds for whatever reason. Purchaser acknowledges that the 15-day full-functionality trial period on all software available for sale on this website is sufficient time to evaluate any such software product(s).
3. COPIES
Licensee may make copies of the Licensed Program in executable code form as necessary for use by Licensee and for backup or archive purposes. Licensee agrees to maintain records of the location and use of each copy, in whole or in part, of the Licensed Programs. All rights to the Licensed Program is held by Remek! Trading Systems Inc.
4. OWNERSHIP
The original and any copies of the Licensed Programs, made by Licensee are the property of Remek! Trading Systems Inc.
5. PROPRIETARY RIGHTS
Licensee recognizes that Remek! Trading Systems Inc. regards the Licensed Programs as its proprietary information and as confidential trade secrets of great value. Licensee agrees not to provide or to otherwise make available in any form the Licensed Programs, or any portion thereof, to any other person(s), other than employees of Licensee without the prior written consent of Remek! Trading Systems Inc. Licensee further agrees to treat the Licensed Programs with at least the same degree of care with which Licensee treats its own confidential information and in no event with less care than is reasonably required to protect the confidentiality of the Licensed Programs.
6. TERM
The license granted hereunder shall continue unless and until terminated pursuant to Section 7 hereof and subject to Licensee's proper performance of its obligations hereunder.
7. TERMINATION
REMEK! may terminate this Agreement if Licensee is in default of any of the terms and conditions of this Agreement and fails to correct such default within ten (10) days after written notice thereof from Remek! Trading Systems Inc.
8. TERMINATION CERTIFICATE
In the event of termination, Licensee will immediately discontinue use of the Licensed Programs.
9. MAINTENANCE SUPPORT
Licensor will provide to Licensee support with respect to the Software for an indefinite term.
10. WARRANTY DISCLAIMER
REMEK! licenses, and Licensee accepts, the licensed programs "AS IS." REMEK! PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE'S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
11. LIMITATION OF LIABILITY
REMEK!'S LIABILITY TO LICENSEE UNDER ANY PROVISIONS OF THIS AGREEMENT FOR DAMAGES FINALLY AWARDED SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID HEREUNDER BY LICENSEE TO REMEK!. IN NO EVENT SHALL REMEK! BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, HOWEVER CAUSED OR ON ANY THEORY OF LIABILITY.
12. NOTICES
All notices in connection with this Agreement shall be in writing and may be given by certified, registered, or first class mail or personally delivered at the address set forth on Remek! Trading Systems Inc.’s website (www.remek.ca) . For purposes of this Agreement, a notice shall be deemed effective upon personal delivery to the party or if by mail five days after proper deposit in a mail box.
13. SUCCESSORS
This Agreement will be binding upon and will inure to the benefit of the parties hereto and their respective representatives, successors and assigns except as otherwise provided herein.
14. SEVERABILITY
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were not a part.
15. GOVERNING LAW
This Agreement shall be governed and interpreted by the laws of the Province of Ontario. Both parties hereby consent to said exclusive jurisdiction.
16. NON-ASSIGNMENT
This Agreement and the licenses granted by it may not be assigned, sublicensed, or otherwise transferred by Licensee without the prior written consent of Remek! Trading Systems Inc.
17. EXPORT REGULATIONS
Licensee understands that REMEK! is subject to regulation by agencies of the U.S. Government, including the U.S. Departments of Commerce and State, which prohibit export or diversion of certain technical products to certain countries. Licensee warrants that it will comply in all respect with the export and re-export restrictions set forth in the export license for the Licensed Programs and all other applicable export regulations. Licensee agrees to indemnify and hold Remek! Trading Systems Inc. harmless from any loss, damages, liability or expenses incurred by Remek! Trading Systems Inc. as a result of Licensee's failure to comply with any export regulations or restrictions.
18. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any additional or conflicting terms which may be contained in Licensee's purchase order or Remek! Trading Systems Inc.’s order acknowledgment forms.
JURISDICTION
The Terms and Conditions pertaining to the use of this website and our products/services and provisions of our Privacy Policy shall be governed and interpreted pursuant to the laws of Canada.