Common use of Responsibility of the Parties Clause in Contracts

Responsibility of the Parties. 9.1. Possibility of profit gaining from the Transactions at OTC Forex market is inextricably linked with a risk of loss, so the Forex Company is not responsible for: losses incurred by the Client due to the use/alteration of leverage and (or) caused by alteration of prices for underlying assets unfavorable to the Client; for forcible closing of the Client’s position caused by reaching of the minimum value (Stop-out Level) of Margin Security Level; the Client’s losses caused by insufficient level of margin security in respect of his/her open positions; absence of liquidity at OTC Forex market at any time, i. e. possibility to accept for execution and execute the Client’s orders for the underlying asset price fixing; unavailability of the underlying asset prices at any time; the Client’s losses caused by decreasing or absence of liquidity, for which reason the Client was unable to close the position and had to accept the price considerably different from the position closing price desired by the Client; loss incurred by the Client due to execution of order with a certain price slippage; the Client’s losses caused by wild swing of the market, as well as for predictions made by the Client without regard to market volatility; moral harm and (or) any losses, including, in particular, any loss of profit which may directly or indirectly result from the use of previous strategies, tactics, methods or from relying on the information about the results of Transactions in the past and prediction of the same results by the Client in the future; the Client’s losses resulting from hacker attacks, accident (failure) with computer networks, power lines or electric communication system used immediately for agreement of material conditions of Transactions or for support of the Forex Company’s procedures which occurred not through the fault of the Forex Company; communication equipment failure, disconnection of the Client from the Forex Terminal, hindrances or delays during execution of Transaction by the Client via the Internet global computer network; outcomes of Transactions executed by the Client’s decision based on the analytical materials provided by the Forex Company and/or third persons; loss incurred by the Client as a consequence of incorrect interpretation of information posted on the Forex Company’s website in the Internet global computer network; loss caused to the Client by the use of the Client’s login and password by third persons to whom such accounting information was provided by the Client, or who received it in an illegal/fraudulent manner; losses incurred by the Client resulting from exercise by the Forex Company of its rights under this Contract.

Responsibility of the Parties. 9.1. Possibility of profit gaining from the Transactions at OTC Forex market is inextricably linked with a risk of loss, so the Forex Company is not responsible for: losses incurred by the Client due to the use/alteration of leverage and (or) caused by alteration of prices for underlying assets unfavorable unfa- vorable to the Client; for forcible closing of the Client’s position caused by reaching of the minimum mini- mum value (Stop-out Level) of Margin Security Level; the Client’s losses caused by insufficient level of margin security in respect of his/her open positions; absence of liquidity at OTC Forex market at any time, i. e. possibility to accept for execution and execute the Client’s orders for the underlying asset price fixing; unavailability of the underlying asset prices at any time; the Client’s losses caused by decreasing or absence of liquidity, for which reason the Client was unable to close the position and had to accept the price considerably different from the position closing price desired by the Client; loss incurred by the Client due to execution of order with a certain price slippage; the Client’s losses caused by wild swing of the market, as well as for predictions made by the Client without regard to market volatility; moral harm and (or) any losses, including, in particular, any loss of profit which may directly or indirectly result from the use of previous strategiesstrat- egies, tactics, methods or from relying on the information about the results of Transactions in the past and prediction of the same results by the Client in the future; the Client’s losses resulting from hacker attacks, accident (failure) with computer networks, power lines or electric communication system used immediately for agreement of material conditions of Transactions or for support of the Forex Company’s procedures which occurred not through the fault of the Forex Company; communication equipment failure, disconnection of the Client from the Forex Terminal, hindrances hin- drances or delays during execution of Transaction by the Client via the Internet global computer network; outcomes of Transactions executed by the Client’s decision based on the analytical materials ma- terials provided by the Forex Company and/or third persons; loss incurred by the Client as a consequence con- sequence of incorrect interpretation of information posted on the Forex Company’s website in the Internet global computer network; loss caused to the Client by the use of the Client’s login and password by third persons to whom such accounting information was provided by the Client, or who received it in an illegal/fraudulent manner; losses incurred by the Client resulting from exercise exer- cise by the Forex Company of its rights under this Contract.