This Subscription Agreement (the “Agreement”) governs your (“Customer” or "you") purchase, subscription to and your use of any FXResearch Globally LLC ("FXResearch Globally”, "we", "our" or "us") products.
1.1 “Content” means everything in our product, including, but not limited to, the material, information, images, data, illustration, text, graphic, video, metadata, design, organization, look and feel, advertising and all other. Our products are digital products available on FXResearch Globally website, including both digital subscriptions and one-time purchases.
2.1 By clicking the "Complete Order" button, you agree to be bound by the terms of this Agreement.
2.2 Your use of or access to products constitutes your acceptance of and agreement to be bound by this Agreement, and any other disclaimers, disclosures, notices and agreements with FXResearch Globally, even in the absence of a written order or other agreement with FXResearch Globally. All products are subject to a disclaimers and disclosures included in such products and on our website.
2.3 If you do not agree to the terms of this Agreement, you should not use or access products.
2.4 FXResearch Globally will provide products to Customer for the term set forth in the applicable order confirmation.
3.1 We reserve the right to amend or change this Agreement at any time in our sole discretion without notice to you by posting updated Agreement on our website. Such amended or changed Agreement shall be effective immediately.
3.2 Your use of or access to products after amendments or changes are made to the Agreement constitutes your acceptance of and agreement to be bound by such changes or amendments to the Agreement.
3.3 We reserve the right to change products, the Content of products, products’ prices or their availability to you at any time at our sole discretion without notice or liability. We have no obligation to update products or the Content in them.
3.4 No oral agreements or instructions to the contrary shall be recognized or enforceable.
4. Processing & Payment
4.1 Only one person may use a product at any time. FXResearch Globally does not allow multiple users.
4.2 You must provide FXResearch Globally with accurate, complete, true, current and updated information about yourself, registration and payment information. You agree to maintain and update this information to keep it accurate, complete, true, current and updated. You are responsible for all activity on your account.
4.3 As part of the registration and account creation process, you will select a user name and a password. You shall be solely responsible for your user name and password and maintaining the confidentiality and security of your account, user name and password. You agree that you will be the only user of your username and password, that you will not transfer or disclose any of this information to any other person. You may not select or use user name of another person with the intent to impersonate that person.
4.4 All orders submitted to FXResearch Globally are subject to final approval by us. We reserve the right to reject any subscription or purchase order at any time in our sole discretion for any or no reason. By submitting your payment and other details, you are only making an offer to us to buy a product or subscribe which has to be successfully verified with your payment details, email address and final release of payment and receive final approval by us. If order is approved by FXResearch Globally, then at that point we will provide you with access to your product.
4.5 Products are provided to Customer by means specified by FXResearch Globally pursuant to this Agreement and the applicable order confirmation.
4.6 For certain products you can have either one-time purchase, quarterly or other frequency subscription. We will bill all fees and charges automatically to your credit card or your other form of payment. Payment is due in full at the time of ordering.
4.7 You shall pay all fees and charges for products at rates in effect for the billing period on your order confirmation at the time of your order in advance.
4.8 FXResearch Globally website uses Shopify ("Merchant Solutions") for online payment, order processing, order delivery, and other merchant solutions. You agree that you will pay for all products you purchase through the Merchant Solutions.
4.9 All fees and charges shall be billed to you, and you shall be solely responsible for their payment. Your access to products may be subject to additional fees, charges, terms and conditions. All fees are exclusive of all taxes, and you shall be responsible for payment of all such taxes.
4.10 Subscription fees and charges will be billed at the beginning of your subscription. All subscriptions are not renewed automatically. Email might be send to subscriber to put an order to renew for additional period.
4.11 We may change fees and charges or add new fees or charges at any time in our sole discretion without notice. You are responsible and will pay all charges and fees incurred to purchase our products. You will be responsible for all costs we incur in connection with the collection of unpaid amounts.
4.12 You are responsible for any fees or charges incurred to access products. You are responsible for providing, at your own expense, all equipment, software and other material necessary to use and access the website and products.
4.13 If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price.
5.1 All fees and charges are nonrefundable.
6.1 Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively or going forward. One discount is applicable per order subject to final order approval and finalization.
7.1 Purchases cannot be canceled or refunded.
8.1 FXResearch Globally reserves the right to terminate this Agreement or your account, terminate, suspend or discontinue products, the Content in products, access to our products or Content or their availability to you, restrict your account, your access to our products or Content, or cancel subscriptions or purchase orders at any time in our sole discretion for any reason, with or without cause, without notice, without further obligation and without liability.
9. Intellectual Property
9.1 Products and Content in them as well as all copyrights, trademarks, FXResearch Globally logos, names, service marks, domain names and other intellectual property and proprietary rights are our exclusive property. All FXResearch Globally products and the Content are protected by copyright, trademark and other intellectual property laws. All rights to all products and Content in them, copyrights, trademarks, service marks, know-how, FXResearch Globally logos, names, domain names, and other intellectual property and proprietary rights shall remain the sole and exclusive property of FXResearch Globally.
9.2 You do not have any license or right and nothing is granted under any copyright or any other intellectual property right in any of our products or Content in them. You agree to protect the intellectual and proprietary rights of FXResearch Globally during and after the term of this Agreement and to comply with all written requests made by FXResearch Globally to protect.
10. Restrictions on Use
10.1 You shall not copy, download, publish, reproduce, photocopy, duplicate, rearrange, create abstracts, display, post, upload, lend, extract, summarize, loan, sell, send, disseminate, broadcast, circulate, transmit, store, transfer, distribute, print, use, dispose, edit, alter, modify, revise, paraphrase, omit, change, decompile, reverse engineer recompile, disassemble, perform, frame, port, assign, forward, scrape, create derivative works from, create any financial products from, provide access to, in any way exploit or otherwise make available in any form, in any manner, in any format to anyone for any purpose by any means any products or the Content in them.
11.1 You understand and agree that we are not responsible to reply to any email and other communications. You assume the risk of loss in the mail or email. All emails sent by FXResearch Globally shall be effective when sent electronically, whether actually received by you or not. FXResearch Globally will not be held responsible for email failure or technical issues.
12. Third Parties
12.1 Products and their Content may contain links to other websites, products, services or advertising. FXResearch Globally is providing these links and content only as a convenience. You understand and agree that you using and accessing such other websites, links and content at your own risk. FXResearch Globally and its employees, agents and representatives do not endorse, recommend, control, approve, represent, warrant or guarantee nor are responsible or liable for such websites, content, products, services, companies, organizations or advertising, or websites or advertisements linked to this website.
13. Disclaimers & Disclosures
13.1 Products and their Content are provided for general informational and noncommercial purposes only. The Content in our products is obtained from sources believed to be reliable.
13.2 FXResearch Globally does not make any representation, warranty or guarantee of any kind, expressed or implied, as to accuracy, timeliness, completeness, correctness, currentness, appropriateness or suitability for any purpose of any product and the Content in it. FXResearch Globally shall not be responsible or liable for accuracy, completeness, timeliness, correctness, currentness, quality, reliability, appropriateness or suitability for any purpose of products and Content in them, or for any errors, inaccuracies, omissions or delays.
Products and Content contained in our products are not, do not constitute and should not be construed a recommendation of any security, commodity, instrument, currency, investment, transaction, investment or trading strategy or product of any kind, or that they are suitable or appropriate for any person. FXResearch Globally and its employees, agents and representatives do not recommend to buy, sell or hold any security, instrument, commodity, currency, investment, product, or that they are suitable or appropriate for any person.
13.3 Our products and their Content do not constitute and should not be construed as legal, tax, accounting, investment or any other advice or a recommendation of any kind. We and our employees, agents and representatives do not provide any tax, legal, accounting, investment or any other advice or a recommendation of any kind. Products have been prepared without regard to objectives, financial situation, needs and circumstances of any particular person. You should consult an appropriate professional. You acknowledge that you are solely responsible for any investment decisions.
13.4 Products and the Content in them are not, do not constitute and should not to be construed as an offer or a solicitation or a recommendation to buy, sell or hold any security, product, instrument, investment, commodity, transaction, currency, investment or trading strategy or as an advertisement of any of those.
13.5 Past performance is not guarantee and is not indicative of future results. Forward-looking statements are subject to risks, uncertainties, changes in circumstances and other factors. Actual results or events could differ materially.
13.6 Securities, currencies and other financial and investment products, transactions, investments, instruments, trading and strategies involve substantial risks. You assume all responsibility for your actions in the market.
13.7 You choose to access the products from any locations at your own risk and are responsible for compliance with applicable laws and regulations.
For more look into Disclaimers & Disclosures Agreement.
14.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FXRESEARCH GLOBALLY AND OUR DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AGENTS, MANAGERS, MEMBERS, OWNERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, LOSSES, ATTORNEYS’ FEES AND OTHER FEES AND COSTS, ARISING FROM OR IN CONNECTION WITH PRODUCTS, ANY CONTENT CONTAINED THEREIN, ANY LINKS, THEIR CONTENT, ANY USE OF PRODUCTS OR ANY CONTENT CONTAINED THEREIN, FAILURE OF OR DAMAGE TO HARDWARE, SOFTWARE, COMMUNICATION LINES OR SYSTEMS OR OTHER EQUIPMENT OR ANY VIOLATION OF THIS AGREEMENT.
15. Disclaimer of Warranties
15.1 YOU AGREE THAT OUR PRODUCTS AND THE CONTENT IN THEM ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND. YOU AGREE THAT YOUR ACCESS TO AND USE OF PRODUCTS AND ANY CONTENT IN THEM IS AT YOUR SOLE RISK.
FXRESEARCH GLOBALLY AND OUR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES AND AGENTS DO NOT MAKE AND DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE; ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, QUALITY, RELIABILITY, CURRENTNESS, ADEQUACY OR SUITABILITY; PRODUCTS AND CONTENT IN THEM; PRODUCTS AND CONTENT IN THEM, EMAIL SENT BY FXRESEARCH GLOBALLY OR ITS REPRESENTATIVES, EMPLOYEES, AGENTS WILL BE UNINTERRUPTED OR FREE OF VIRUSES, ERRORS, WORMS, "TROJAN HORSES," OMISSION, DEFECTS OR ANY OTHER HARMFUL OR OTHER CODE; OR ANY ERRORS, DEFECTS OR INACCURACIES WILL BE CORRECTED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT.
16. Limitation of Liability
16.1 FXRESEARCH GLOBALLY AND ANY OF ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES MANAGERS, MEMBERS, AGENTS AND REPRESENTATIVES WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY EXPENSES OR COSTS OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST BUSINESS, LOSS OF REVENUES, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF INCOME, LOSS OF USE, BUSINESS INTERRUPTION, EQUIPMENT LOSSES, TRADING LOSSES OR OTHER DAMAGES, WHETHER IN NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY OR OTHER THEORY OF LIABILITY, EVEN IF HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES OR EXPENSES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY, ARISING FROM USE OF, INABILITY TO USE OR RELIANCE ON PRODUCTS, CONTENT IN THEM, OR ANY LINKS; ACCESS TO OR INABILITY TO ACCESS PRODUCTS; THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT; ANY INACCURACY, INCOMPLETENESS, DELAY, INTERRUPTION, ERROR, OMISSION, DEFECT, INCONVENIENCE, DIFFICULTY IN USE, FAILURE OF PERFORMANCE, UNAVAILABILITY, FAILURE OR FAULT; PRODUCTS, CONTENT IN PRODUCTS, ANY LINKS; ANY FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES, UNAUTHORIZED ACCESS, VIRUS, THEFT, DIFFICULTY IN USE, MALICIOUS CODE OR OTHER DEFECT; AS A RESULT OF OR IN CONNECTION WITH TRANSMISSION OR DELIVERY OF ANY PRODUCT, ITS CONTENT, MAKING PURCHASES FROM OR THROUGH THE WEBSITE; OR SEVERE OR EXTRAORDINARY WEATHER, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, FLOOD, ACTS OF NATURE OR ANY FORCE MAJEURE.
17.1 Parties agree that except for statutory or common law claims related to intellectual property, any controversy or claim arising out of or relating to this Agreement or our products will be resolved by arbitration administered by the American Arbitration Association ("AAA") in accordance with the rules of AAA. The arbitration will be conducted in the County of New York in the State of New York or such other places as may be agreed by both parties.
17.2 Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Class arbitrations and class actions are not permitted and, by entering into this Agreement, you are giving up the ability to participate in a class action and class arbitration.
17.3 The provisions of this Agreement shall survive termination of this Agreement or your account.
17.4 Any cause of action by you arising out of or related to the use of products or pertaining to this Agreement must be filed within one (1) year after the occurrence of such cause of action or be barred.
18.1 This Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to any conflict or choice of law principles. You understand and agree that you are waiving the right to a jury trial. For all claims related to intellectual property, with respect to any controversy or claim, arising out of or relating to this Agreement, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of New York in the State of New York.
18.2 You may not assign or transfer this Agreement. FXReseach Globally may assign or transfer this Agreement to any party at any time without notice to you.
18.3 This Agreement and any other terms and conditions on this website, including those that are incorporated by reference, constitute the entire agreement regarding the subject matter of this Agreement.
18.4 If any provision of these Terms and Conditions is found invalid, unenforceable, void or unlawful, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
18.5 Clauses 3-18 shall survive any termination of this Agreement.
18.6 The failure of FXResearch Globally to exercise or enforce any right or provision of this Agreement shall not constitute or be construed a waiver of any provision or right.
18.7 The section titles in this Terms and Conditions are solely for the convenience and have no legal or contractual significance.
Updated on February 2013.