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Forex Strategy Terms and Conditions.
Your subscription or purchase of any Forex Strategy products
serves as your acknowledgement and representation that you have read
and understand these TERMS OF USE and that you agree to be bound by
such TERMS OF USE ("Agreement").
You understand and agree to accept this Agreement is, legally, the same
as manually signing this Agreement. The Forex Strategy reserves
the right, upon notice to you, to change or terminate this Agreement.
You agree that your use of The Forex Strategy after notice of
change to this Agreement, or if you do not close your work with Forex Strategy within fifteen (15) calendar days of such notice, shall
mean that you accept the changes. Changes required by law, however,
will be effective immediately.
As an independent and self-directed investor, you acknowledge that you,
alone, shall be responsible for determining the suitability of your
investment choices and investment strategies, and you understand that
The Forex Strategy is an automated trading system. The Forex Strategy Team (“Staff’) provides technical assistance
and support for Forex Strategy subscribers. Trades are done
automatically and, thus, do not require human intervention. Forex Strategy Staff shall assume no responsibility for investment choices
or determinations. You shall not hold Forex Strategy or any
of its employees or affiliates or the Staff liable for investment decisions.
The Staff cannot advise you nor comment concerning the nature, risk
or suitability of any trade, transaction or investment strategy. You
also recognize that Forex Strategy does not give legal or tax
advice. The Forex Strategy and the Staff are not liable for
any damage or loss, including but not limited to, any loss of profit,
which may arise indirectly or directly from use of The Forex Strategy. Additionally, you agree that no fiduciary relationship is
formed and no fiduciary duty is owed to either party of this Agreement,
by virtue of your subscription. You represent that you are of the age
of majority as defined by the laws of the state of your home of record
in order to enter into this agreement and be bound thereby.
The Forex Strategy is for your personal use only. You shall
not distribute, exchange, modify, sell, or transmit anything from this
Site. The Forex Strategy grants you a non-exclusive, non-transferable,
limited subscription to use the Forex Strategy service, as long
as you comply with these Terms & Conditions of Use.
All materials on www.Forex Strategy.com, including but not limited
to audio, images, software, text, and video clips, are protected by
copyright under U.S. copyright law, international conventions, and other
copyright laws. You shall not use the materials, except as specified
herein. You agree to follow the instructions on www.Forex Strategy.com,
limiting the use of the materials. Any unauthorized use of the materials
on www.Forex Strategy.com may violate copyright laws, trademark
laws, the laws of privacy and publicity, and civil and criminal statutes.
Forex Strategy reserves the right to refuse any Subscription
at its sole discretion. You agree to pay the applicable charges and
taxes that may apply at the time services are rendered to your Subscription.
Forex Strategy further reserves the right to change its charges
any time by posting a modified schedule of Pricing and Rates on the
The Forex Strategy Web site.
Subscription Charges – All Subscription charges are refundable
during the first 60 days from the date of purchase. Following 60 days
from the date of purchase, subscriptions may be cancelled at any time.
Where the date of request for cancellation falls within a billing cycle,
subscription fees will be refunded at a prorated amount, beginning the
business day following the date of request for cancellation.
The Forex Strategy makes no representation or warranty regarding
its compliance with local laws in foreign jurisdictions, or regarding
the appropriateness of the Web site's content or its compliance with
such local laws. You understand that the The Forex Strategy
site is the only means of accessing your Forex Strategy Subscription.
You agree that Forex Strategy shall not be liable for any losses
or damages you incur as a result of the unavailability of The Forex Strategy Web site from foreign countries.
This Agreement will be effective only upon our approval of your Subscription.
Forex Strategy reserves the right to report to consumer and
securities credit reporting agencies any debit balance or negative credit
information pertaining to any Forex Strategy Subscription. The
Forex Strategy further reserves the right to reject a Subscription
Application for any reason.
Forex Strategy may terminate any or all services rendered under
this Agreement at any time and for any reason. The Subscription holder
may close his or her Subscription at any time. Upon termination, you
will remain liable for any deficiencies or debit balances in the Subscription.
You agree to reimburse Forex Strategy for any collection costs
relating to any unsecured debit balance in your Subscription, including
attorney's fees, court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in concert with others,
involving, among other things, use of counterfeit checks, checks drawn
on closed or non-existent Subscriptions, checks stolen from third parties,
unauthorized electronic funds transfers from bank Subscriptions belonging
to others, attempted electronic transfers from non-existent Subscriptions
or similar illegal or improper conduct involving Subscription funding
or withdrawals, and including situations in which you have allowed third
parties to use your Subscription in any such manner, Forex Strategy
shall assess against you, in addition to all other fees, damages and
penalties to which it may be entitled, a $500 fee per forged, faked,
fictitious, stolen or otherwise unauthorized item or transfer. This
fee shall constitute liquidated damages to compensate Forex Strategy for the time and effort of Forex Strategy employees
in rectifying said conduct.
You agree that Forex Strategy will not be liable to you or to
third parties for losses incurred directly or indirectly by causes reasonably
beyond its control, including but not limited to, government restrictions,
natural disasters, severe weather conditions, wars, strikes, terrorist
attacks, exchange or market rulings, interruptions of data processing
services or communications, disruptions in orderly trading on any market
or exchange, unauthorized access or operator errors.
You agree that Forex Strategy will not be liable to you for
any losses or damages incurred by you (including lost profits, trading
losses and similar damages) during periods of market volatility, peak
demand, systems upgrades, maintenance or for other reasons.
Additionally, you understand that the Forex Strategy Web site
is the primary means of processing your Forex Strategy Subscription
and that, in the event of an interruption of communications systems
or other hardware or software malfunction, access to view your Subscription
could be delayed. In the event of a significant outage, The Forex Strategy would not be liable for any losses or damages you might suffer
as a result of such delays.
By opening a Subscription at The Forex Strategy and agreeing
to these TERMS OF USE, you agree to receive all communications from
The Forex Strategy via the World Wide Web or e-mail. This will
include, but not necessarily be limited to, confirmations of transactions,
Subscription statements, financial statements, notices of modifications
to TheForex Strategy's TERMS OF USE, and other basic communications.
Communications sent to your e-mail address or provided through the web
site must be retrieved and read promptly. All communications sent by
The Forex Strategy by any means will be deemed to have been
received by you. You agree to advise us promptly of any changes to your
e-mail and/or mailing address. You agree to advise Forex Strategy
promptly of any errors or omissions in any transaction or in the handling
of your Subscription. Failure to provide prompt notice of any errors
will be deemed to constitute acceptance of the accuracy of all information
sent to you.
The Forex Strategy reserves the right to record telephone calls
to monitor the quality of service you receive or for other purposes
The Forex Strategy deems appropriate for its protection or for
the protection of its customers.
PREDISPUTE ARBITRATION CLAUSE DISCLOSURES:
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER
IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED
BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED.
ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S ABILITY
TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND
OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT
PROCEEDINGS.
THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD.
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS
WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY.
THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING
A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR
ARBITRATION MAY BE BROUGHT IN COURT.
THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND
ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT.
SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AGREE TO SUBMIT
TO ARBITRATION ANY DISPUTE BETWEEN YOU AND THE Forex Strategy
AND/OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS
RELATING TO YOUR BROKERAGE SUBSCRIPTION(S). ANY ARBITRATION UNDER THIS
AGREEMENT WILL BE CONDUCTED UNDER THE ARBITRATION RULES OF THE FINANCIAL
INDUSTRY REGULATORY AUTHORITY. ARBITRATION MAY BE INITIATED BY EITHER
OF US SERVING WRITTEN NOTICE ON THE OTHER. THE ARBITRATORS' RULING WILL
BE FINAL AND JUDGMENT ON IT MAY BE ENTERED IN ANY COURT OF COMPETENT
JURISDICTION.
THE Forex Strategy RESERVES THE RIGHT TO PURSUE LEGAL ACTION
AGAINST YOU THROUGH THE STATE AND FEDERAL COURTS OF ILLINOIS OR OTHER
APPROPRIATE JURISDICTION IN THE EVENT THE Forex Strategy DETERMINES
YOU HAVE COMMITTED FRAUD OR OTHER CRIMES AGAINST THE Forex Strategy
AND/OR THIRD PARTIES INVOLVING THE FUNDING OF, TRANSACTIONS IN, OR WITHDRAWALS
FROM YOUR SUBSCRIPTION(S) WITH THE Forex Strategy. IN SUCH CASES,
YOU SHALL BE DEEMED BY THIS AGREEMENT TO HAVE ACCEPTED.
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION,
NOR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION AGREEMENT AGAINST ANY
PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS
A MEMBER OF A PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF THE CLASS
WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION
UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS DECERTIFIED,
OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH
FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE
A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED
HEREIN.
These TERMS OF USE constitute the entire agreement with respect to your
access to and use of the The Forex Strategy Web site. If any
provision of these TERMS OF USE is unlawful, void or unenforceable,
then that provision shall be deemed severable from the remaining provisions
and shall not affect their validity and enforceability.
This Agreement will pass to the benefit of The Forex Strategy’s
successors, assigns and agents. The Forex Strategy may assign
its rights and duties under this Agreement to any of its successors,
subsidiaries or affiliates without giving you notice, or to any other
entity on prior written notice to you. In addition, you agree that this
Agreement and all terms hereof, will be binding on your heirs executors,
administrators and personal representatives and any assigns permitted
by The Forex Strategy.
To the extent permitted by law, The Forex Strategy shall not
be liable for any expenses, losses, damages, liabilities, demands, charges
and claims of any kind or nature whatsoever (including without limitation
any legal expenses and costs and expenses relating to investigating
or defending any demands, charges and claims) ("Losses") by
or with respect to the Subscription, except to the extent that such
Losses are actual Losses proven with reasonable certainty, are not speculative,
are proven to have been fairly within the contemplation of the parties
as of the date hereof, and are determined by a court of competent jurisdiction
or an arbitration panel in a final non-appealable judgment or order
to have resulted solely from The Forex Strategy’s gross
negligence or willful misconduct and without limiting the generality
of the foregoing, Forex Strategy will not be liable for any
indirect, special, incidental or consequential damages or other losses
(regardless of whether such damages or other losses were reasonably
foreseeable).
Forex Strategy shall have no liability for and you agree to
reimburse, indemnify and hold Forex Strategy, its affiliates
and their partners, directors, officers and employees and any person
controlled by or controlling The Forex Strategy harmless from
all expenses (including legal expenses and reasonable attorney's fees),
Losses or damages that result from: (a) your or your agents' misrepresentation,
act or omission or alleged misrepresentation, act or omission, (b) The
Forex Strategy 's following your or your agent's directions
or failing to follow your or their unlawful or unreasonable directions,
(c) any of your actions or the actions of your previous advisers or
Custodian, (d) the failure by any person not controlled by The Forex Strategy to perform any obligations to you, and (e) your failure
to provide accurate information on your Forex Strategy Subscription
Application or to update that information as required.
Waiver, Modifications and Amendments
You agree that TheForex Strategy may change the terms of this
Agreement by giving you notice of the new terms. You agree that your
use of The Forex Strategy Service after notice of change to
this Agreement, or if you do not close your Forex Strategy Subscription
within fifteen (15) calendar days of such notice, means that you accept
the changes. Changes required by law, however, will be effective immediately.
Except as specifically permitted in this Agreement, no provision of
this Agreement will be deemed waived, altered, modified or amended unless
agreed to in writing by The Forex Strategy.
The Forex Strategy's failure to insist on strict compliance
with this Agreement or any other course of conduct on our party will
not be deemed a waiver of Forex Strategy's rights under this
Agreement.
Headings
The heading of each Section hereof is for descriptive purposes only
and shall not be (a) deemed to modify or qualify any of the rights or
obligations set forth herein or (b) used to construe or interpret any
of the provisions hereunder.
Counterparts
This Agreement may be executed in any number of counterparts by you,
each of which will constitute an original and all of which, when taken
together, will constitute one and the same instrument.
I, as a subscriber of The Forex Strategy Subscription, have
read and understand these Terms of Use. Furthermore, my continued subscription
shall constitute my consent to these Terms of Use.
If you have any questions please contact us at info@forextrading-software.com
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