Common use of THIRD PARTY APPLICATION Clause in Contracts

THIRD PARTY APPLICATION. In the event that you select and use any third party software application to provide you with trading programs, signals, advice, risk management or other trading assistance (“Expert Advisors”) or a third party hosting or trading application (such as Meta Trader Hosting), which applications may have direct access or connectivity to your Account, XXXXX.xxx Canada and its Affiliates accept no obligation with respect to, nor assume any responsibility for, the performance of any applications, product or service provided by an Expert Advisor or third party hosting or trading application provider which applications, products or services you shall use at your own risk. With respect to any applications, products or services provided by any Expert Advisor or third party hosting or trading application provider XXXXX.xxx Canada and its Affiliates: (a) Make no warranty or representation of any kind, whether expressed or implied (b) Disclaim any responsibility or obligation as to their merchantability or fitness for any purpose (c) Disclaim any responsibility and shall not be liable for any damage that may be suffered by you, including loss of funds, data or service interruptions as a result of their use; (d) Disclaim any responsibility for the accuracy, quality or completeness of any information (facts, analysis, recommendations or other opinions) obtained from or through an Expert Advisor (including your own XXXXX.xxx Canada Account information a reliable record of which you acknowledge and agree may only be found at your XXXXX.xxx Canada website Account); (e) Disclaim any responsibility for connection speed, efficiency or availability between Expert Advisor applications and third party hosting or trading applications and XXXXX.xxx Canada’s Trading Systems; (f) Neither give any undertaking nor make any warranty representation that any indications of past or future performance provided by an Expert Advisor can be, or would have been, achieved through the use of XXXXX.xxx Canada’s Trading Systems or otherwise; and (g) Neither give any undertaking nor make any warranty or representation that any investment performance that may be achieved with or through an Expert Advisor or third party hosting or trading application with another broker or dealing service can or shall be achieved through the use of XXXXX.xxx

THIRD PARTY APPLICATION. In the event that you select and use any third party software application to provide you with trading programs, signals, advice, risk management or other trading assistance (“Expert Advisors”) or a third party hosting or trading application (such as Meta Trader Hosting), which applications may have direct access or connectivity to your Account, GAIN Capital – XXXXX.xxx Canada Ltd. and its Affiliates accept no obligation with respect to, nor assume any responsibility for, the performance of any applications, product or service provided by an Expert Advisor or third party hosting or trading application provider which applications, products or services you shall use at your own risk. With respect to any applications, products or services provided by any Expert Advisor or third party hosting or trading application provider XXXXX.xxx GAIN Capital – XXXXX.Xxx Canada Ltd and its Affiliates: (a) Make no warranty or representation of any kind, whether expressed or implied (b) Disclaim any responsibility or obligation as to their merchantability or fitness for any purpose (c) Disclaim any responsibility and shall not be liable for any damage that may be suffered by youyour, including loss of funds, data or service interruptions as a result of their use; (d) Disclaim any responsibility for the accuracy, quality or completeness of any information (facts, analysis, recommendations or other opinions) obtained from or through an Expert Advisor (including your own XXXXX.xxx GAIN Capital Xxxxx.xxx Canada Ltd. Account information a reliable record of which you acknowledge and agree may only be found at your GAIN Capital – XXXXX.xxx Canada Ltd. website Account); (e) Disclaim any responsibility for connection speed, efficiency or availability between Expert Advisor applications and third party hosting or trading applications and Gain Capital – XXXXX.xxx Canada’s Canada Ltd. Trading Systems; (f) Neither give any undertaking nor make any warranty representation that any indications of past or future performance provided by an Expert Advisor can be, or would have been, achieved through the use of GAIN Capital – XXXXX.xxx Canada’s Trading Systems or otherwise; and (g) Neither give any undertaking nor make any warranty or representation that any investment performance that may be achieved with or through an Expert Advisor or third party hosting or trading application with another broker or dealing service can or shall be achieved through the use of XXXXX.xxxGAIN Capital –