Terms And Conditions

By using Capital Crest products and the features on it, you signify your acceptance of the our Terms and Conditions of Use (the “Terms”) and the Privacy Statement. Changes may be made to the Terms at any time without notice. Accordingly, you also agree to review the Terms regularly and your continued access or use of our services means that you agree to any changes to the Terms. If you do not agree to these Terms and the Privacy Statement, then do not use our services.

1. TERMS - GENERAL

Please read the Terms as it contains important information regarding the use of this platform. By accessing the Website, you accept and agree to be bound by, and comply with, the Terms. The Terms are to be read in conjunction with any terms, conditions or disclaimers provided in the website. The Terms contain important information and warnings regarding the risks associated with trading futures and options. If you access and use the website, you accept and agree to be bound by and comply with the Terms. If you do not accept the Terms, then do not use the website.

This website has been issued for and on behalf of customers of Capital Crest (“VIG”) and its affiliated companies. The information contained herein is not to be construed as an offer to sell or the solicitation of an offer to buy any financial instruments, where the term “financial instruments” generally refer to tradeable monetary contracts between parties including, but not limited to stocks, bonds, options, futures, and options on futures.

The services provided by the Company may not be available in all jurisdictions. It is possible that the Company may be prevented from opening and maintaining an account for you based on your country of residence. If in doubt, please contact an account representative.

Any special rules for the use of other items provided on the website may be included elsewhere within the platform and are incorporated into these Terms by reference. If you are a customer of the Company, you may have additional levels of access to the website. Your relationship with the Company is governed by these Terms, as well as additional agreements or disclosures that the Company requests that you execute, including, but not limited to, the VIG Customer Agreement.

2. CHANGES TO TERMS

The Company reserves the right to change the Terms or any material on this platform at any time. Any such change will become effective immediately upon publication of the Terms, and your continued access or use of the website means that you agree to the revised Terms. You agree to review the Terms each time you access this website.

3. WEBSITE CONTENT

The website may include or make available (1) account positions, balances, transactions, history; (2) general news and information, commentary, research reports and data concerning the financial markets, securities and other subjects; (3) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations; (4) financial and investment interactive tools, such as alerts or calculators, coaching sessions; (5) access to blogs, wikis, online webinars, conferences, telecasts, podcasts and other public forums; (6) art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names or slogans; (7) tax preparation, bill payment and account management tools; and (8) other materials or information (collectively, “Content”). Some of the Content is supplied by companies that are not affiliated with the Company.

The Company does not prepare, edit, or endorse Content from Information Providers. The Company does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party applications. Use of the Content from Information Providers is at your own risk. The Company and/or the Information Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless the Company and the Information Providers for any loss or damages that may result.

Content posted on the website is published as of its stated date or, if no date is stated, the date of first posting. Neither the Company nor the Information Providers have, nor have undertaken, any duty to update any such information.

4. PRIVACY AND SECURITY

Your expectations of privacy are important. The Privacy Statement explains how the Company may collect personal information from you such as an unique device identifier, IP address and general information about your device (such as a mobile phone, tablet, smartphone, watch, eyeglasses, or other similar device) ("Mobile Device"); and may employ other technologies to provide functionality for the website.

Use of the websites involves the electronic transmission of data and information to and from your Device across wireless and other networks. The Company does not operate or control the wireless and other networks used to access your account, and the Company is not responsible or liable for the privacy and security of your wireless data and information transmissions. You are responsible for confirming the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.

You are responsible for maintaining the security of your internet Device from unauthorized access. You are responsible for notifying the Company of any actual or attempted unauthorized access of your Mobile Device or account and cooperating with any investigation by the Company into such access or attempt.

5. USE RESTRICTIONS

Content is legally protected, including without limitation, by federal and state copyright laws. Title to the Content remains with the Company and/or the Information Providers. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Company authorizes you to view and download the Content solely for your own lawful, personal, non-commercial use. Any such download or use of the Content shall retain copyright and proprietary rights notices which are contained in the Content. Except as stated herein, none of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of the Company or its licensors. The use of the Content on any other website, application or in a networked computer environment for any purpose other than expressly stated is prohibited. All rights not expressly granted herein are reserved to the Company and its licensors. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

You may not “mirror” any Content contained on the website or any other server. You may not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner that could damage, disable, overburden, or impair the website, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the website through hacking, password mining, or any other means. The Company reserves the right, in its sole discretion, to terminate your access to the website, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

6. THIRD PARTY OR EXTERNAL WEBSITES OR RESOURCES

The site may include links to third party or external websites or resources over which the Company has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by the Company of content on those third party or external websites or resources. Your access and use of such websites or resources is solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

7. BROKERAGE AND COMMODITY FUTURES SERVICES

The Company provides self-directed investors with brokerage and futures services. The Company does not provide investment, tax or legal advice except to the extent set forth in Section 9 of the Customer Agreement.

The Company provides self-directed investors with brokerage and futures services. The Company does not provide investment, tax or legal advice except to the extent set forth in Section 9 of the Customer Agreement.

You are solely responsible for evaluating the merits and risks associated with the use of any Content on the website before making any investment or other decision based on such Content. To the maximum extent allowed by law, you agree not to hold the Company or the Information Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the website. The website shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.

8. MARKET DATA

If market data is provided through the website, you shall use such market data only in the manner it is presented through the website and will not download, extract, redistribute, use or permit any third party to access or use such market data in any other system, service or for any other reason without the Company’s prior written consent, which may be withheld in the Company’s sole discretion. The receipt of market data may be contingent upon your execution of such other third party agreements provided by exchanges and/or the Information Providers, as may be required to receive various forms of market data that will be provided through the website. The Company and Information Providers are not responsible or liable if any such data or information is inaccurate or incomplete in any respect. As your agreement for the receipt and use of market data provides, the securities and commodity futures markets (1) reserve all rights to the market data that they make available; (2) do not guarantee that data; and (3) shall not be liable for any loss due either to their negligence or to any cause beyond their reasonable control.

9. YOUR ACCOUNT

If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

10. USER CONTENT

Access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (“Forums”) may be provided by the website. All communications or other materials made at or through the Forums are public. Neither the Company nor the Information Providers have any obligation to screen, review, approve or endorse any User Content obtained through the Forums. Reliance on the User Content obtained through the Forums is at your own risk. By displaying, publishing, or otherwise posting any User Content on or through the website, you hereby grant to the Company a perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, create derivative works, reproduce, distribute, sublicense, and otherwise exploit, in whole or in part, such User Content without the requirement to make payment to you or to any third party or the need to seek any third party permission.

You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and the Company’s use of the content, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

You consent to, and the Company reserves the right to, (a) record and/or retain the dialogue, User Content, or data exchanged on the website; (b) investigate an allegation that User Content does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Communication; (c) remove User Content which is abusive, illegal, disruptive, or outdated, or that otherwise fails to comply with these Terms; (d) terminate a user’s access to any or all parts of the App upon any breach of these Terms or the law; (e) monitor, edit, or disclose any User Content; or (f) edit or delete any User Content posted on the website, regardless of whether such User Content violates these Terms.

The personal information you submit to the Company is governed by the Privacy Statement. To the extent there is an inconsistency between the Terms and the Privacy Statement, the Privacy Statement will govern.

11. FORUM RESTRICTIONS

You will not access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms, which includes but is not limited to the following:

You will not post any User Content that does not comply with these Terms

You will not upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, hateful, racist, pornographic, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise obscene, threatening, objectionable, or inappropriate as determined by the Company

You will not harm minors in any way You will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any material You will not upload, post or otherwise transmit any material that you do not have a right under any law or under contractual or fiduciary relationships, including without limitation, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements

You will not upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party

You will not harvest or otherwise collect information about others, including email addresses, without their consent You will not post the same note more than once (i.e., “spamming”) Association; any rules of any national or other securities exchange; and any regulations having the force of law You will not post business solicitations or promotions You will not use the Forums as a forwarding application to another website You will not upload, post or otherwise transmit any material that contains viruses or other malicious technology designed to interrupt, destroy or limit the functionality You are solely responsible for your User Content, the consequences of making User Content, and your reliance on any User Content. The Company is not responsible for the consequences of any User Content, or for screening or monitoring User Content made to the platform by users. If notified of User Content allegedly in violation of these Terms, the Company may investigate and determine in at its sole discretion whether to remove such User Content.

12. FEEDBACK

Any ideas, suggestions, enhancement requests, feedback, recommendations, know-how, or concepts (“Feedback”) that are offered or communicated to the Company through the website or otherwise are the property of the Company, and may be treated by the Company as non-confidential information. The Company shall have the unrestricted right to use and disclose such Feedback for any purpose without compensation or obligation to any party.

13. DISCLAIMERS of WARRANTIES and LIABILITY

A. THE COMPANY, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEES IN RELATION TO THE OPERATION OF THE WEBSITE.

B. THE COMPANY AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS WEBSITE. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS WEBSITE AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE INFORMATION CONTAINED HEREIN. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS WEBSITE OR ANY INFORMATION DISPLAYED ON THIS WEBSITE.

C. IN NO EVENT SHALL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING, IN ANY WAY, OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THIS APP, EVEN IF THE COMPANY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.

D. YOUR ABILITY TO ACCESS THIS WEBSITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY THE USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE USER EXPRESSLY AGREES THAT USE OF THIS APP IS AT ITS OWN RISK. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU, OR PROVIDED TO THE COMPANY BY YOU VIA THIS WEBSITE.

E. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING, CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS SO THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.

F. USER EXPRESSLY AGREES TO INDEMNIFY AND HOLD THE COMPANY, AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CORRESPONDENTS, CO-BRANDERS OR OTHER PARTNERS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' AND EXPERTS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR INFORMATION, YOUR USE OF OR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER USER OR OTHER THIRD PARTY.

14. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY THE COMPANY, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMIATION, LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE APP, EVEN IF THE COMPANY, ITS AFFILIATES, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS.

15. ALLOCATION OF RISK

In addition to the limitations on liability contained elsewhere in these Terms and the Customer Agreement, you will not hold the Company, its Affiliates, their respective partners, officers, employees, agents, licensors, distributors, and suppliers and/or Information Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of the Company, its Affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and/or App and Information Provider, or iv) non-performance.

You will indemnify and hold harmless the Company, its Affiliates, their respective partners, officers, employees agents, licensors, distributors, and suppliers and the Information Providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your (i) violation of these Terms; or (ii) access and/or use of, or interaction with the w WebApp and/or Content (including, without limitation, the Forums); or (iii) any act, error, or omission of your use of an account or any user of your account, in connection therewith.

16. INTELLECTUAL PROPERTY PROTECTION

The materials and technology provided on the website are protected by law, including, without limitation, United States copyright laws and is owned by the Company or used under license from the owner of the respective intellectual property rights. Technology on the platform or otherwise in the Company’s system is protected by patents owned by the Company, its subsidiaries or affiliates.

The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company's prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. The Company's trademarks, trade names, logos, images, and, service marks used on this platform are the property of the Company and may not be used without prior written permission from the Company and then only with proper acknowledgment.

17. INVESTMENT PAYOUT GUARANTEE

All clients are entitled to no less than 50%-100% of the stipulated profits attached to their investment plan. The company is legally bound to same unless in the event of a natural, global or uncontrollable circumstances. All investments are insured against losses under the same instances as forementioned.

18. NOTICE AND TAKE DOWN PROCEDURES

If you believe any content accessible on or from the website infringes your copyright, you may request removal of those materials (or access to them) from the WebApp by contacting the Company, Attention: Brokerage Legal, and providing the following information: (a) identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work; (b) identification of the content that you believe to be infringing and its location; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information you have supplied is accurate, and indicating that “under penalty of perjury”, you are the copyright owner or authorized representative; and (f) a signature or the electronic equivalent from the copyright holder or authorized representative.


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