TERMS & CONDITIONS
The FXResearch Globally LLC ("FXResearch Globally", “us”, “we” or “our”) website and the use of the FXResearch Globally website are subject to these Terms and Conditions (the “Agreement”).
1. General
1.1 By accessing, linking to, or using this website or any of our products on this website, you (“your”) signify your acceptance of and agreement to be bound by these Terms and Conditions and any other notices, disclosures, disclaimers and agreements contained on the FXResearch Globally website.
1.2 It is governed by the version of the Terms and Conditions in effect on the date FXResearch Globally website is accessed by you. If you do not agree to these Terms and Conditions, you should not access, link or use this website or any of our products.
1.3 These Terms and Conditions expressly incorporate and include additional terms, disclaimers and disclosures that may be posted and updated on this website or entered through the transactions done on this website. Different products on FXResearch Globally website may be subject to other our agreements. All products are subject to a disclaimers and disclosures included in such products and on our website.
2. Changes
2.1 We reserve the right to amend or change these Terms and Conditions at any time in our sole discretion without notice to you by posting updated Agreement on our website. Such amendments or changes shall be effective immediately.
2.2 Your access to, link to or use of this website or any products on this website after amendments or changes are made to the Agreement constitutes your acceptance of and agreement to be bound by such changes or amendments to these Terms and Conditions.
2.3 We reserve the right to change products’ prices, products, the content in them or on this website at any time at our sole discretion without notice or liability. We have no obligation to update this website, content on this website, products or any content in them.
3. Registration & Payment
3.1 You are responsible for any fees or charges incurred to access the website and 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.
3.2 You must provide FXResearch Globally with true, accurate, current, complete and updated information about yourself, registration and payment information. You agree to maintain and update this information to keep it true, accurate, complete, current and updated. You are responsible for all activity on your account.
3.3 As part of the registration and account creation process, you will select a username 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. Termination
4.1 FXResearch Globally reserves the right to terminate these Terms And Conditions or your account, terminate, suspend or discontinue this website, any content on the website, products on the website, the content in products, access to our products or content or their availability to you, restrict your account, your access to our products, content in products, website or their 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.
5. Intellectual Property
5.1 This website and any content contained in it, products and the content in them as well as trademarks, copyrights, FXResearch Globally logos, names, service marks, domain names and other intellectual property and proprietary rights are our exclusive property. The FXResearch Globally website and its content, products and their content are protected by copyright, trademark and other intellectual property laws. All right to website, content on website, 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 FXResearch Globally.
5.2 You do not have any right or license and nothing is granted under any copyright or any other intellectual property right in any our website, content on it, products or the 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.
6. Restriction on Use
6.1 You shall not copy, download, reproduce, publish, photocopy, duplicate, rearrange, create abstracts, display, post, upload, lend, extract, summarize, loan, sell, send, disseminate, broadcast, circulate, transmit, store, transfer, distribute, print, use, dispose, alter, edit, modify, revise, paraphrase, omit, change, recompile, decompile, disassemble, reverse engineer, perform, frame, port, assign, forward, scrape, create derivative works from, create any financial products from, 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 our website, any content contained therein, any of the products or content in them.
7. Communications
7.1 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.
7.2 You agree that we may monitor access and use of this website without liability.
8. Submissions
8.1 You acknowledge and agree all comments submitted to FXResearch Globally and our employees, agents, representatives via this website or email shall be and remain our exclusive property.
FXResearch Globally and our employees, agents, representatives may use, disclose, reproduce, modify, adapt, publish, translate, create derivative works, distribute, copy, display, license, transmit, edit, remove, publicly perform, otherwise use and do anything else anytime for any reason in any form, in any media, in any manner, in any format for any purpose without any notice or compensation to you any submission. You agree that you grant FXResearch Globally the right to use the name that you submit in connection with such content and other information. You represent and warrant that the submission is truthful and accurate. By submitting to FXResearch Globally through the website or email, you acknowledge and agree that you represent, warrant and covenant to us that any submission does not contain confidential or proprietary information; it does not violate any law or the rights of any person; and it does not contains a virus or any other harmful components. You are responsible for your submission.
9. Third Parties
9.1 This website and content in it 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. Further, you may not archive, cache, or mirror any fxglobally.com web page or portions of a web page.
9.2 You may not link to or frame this website unless you accept and comply with the following hyperlinking requirements. If you link from another website to FXResearch Globally website, your website, as well as the link itself, may not suggest that FXResearch Globally endorses, sponsors or is affiliated with any non FXResearch Globally website, entity, service or product, and you discontinue providing links to our website immediately upon request by us.
10. Disclaimers & Disclosures
10.1 This FXResearch Globally website, the content on this website, products and their content are provided for general informational and noncommercial purposes only. The content on this website and in products is obtained from sources believed to be reliable.
10.2 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, website and its content. FXResearch Globally shall not be responsible or liable for accuracy, completeness, timeliness, correctness, currentness, quality, reliability, appropriateness or suitability for any purpose of products, content in any product, website and content in our website, or for any errors, inaccuracies, omissions or delays.
Products and content contained in our products and on this website 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, 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. And you acknowledge that you are solely responsible for any investment decisions.
10.3 FXResearch Globally website, content on or through this website, 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. FXResearch Globally and our employees, agents, representatives do not provide any legal, tax, 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 your own investment decisions.
10.4 This website and the content on this website, products and content in them are not, do not constitute and should not be construed as an offer or a solicitation or a recommendation to buy, sell or hold any security, product, instrument, investment, commodity, currency, transaction, investment or trading strategy or as an advertisement of any of those.
10.5 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.
10.6 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.
10.7 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.
11. Indemnification
11.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR AGENTS, DIRECTORS, OFFICES, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, 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, CONTENT IN PRODUCTS, ANY LINKS, WEBSITE, THE CONTENT ON OR THROUGH IT, YOUR ACCESS TO OR USE OF THE FXRESEARCH GLOBALLY WEBSITE OR CONTENT ON OR THROUGH IT, ANY SUBMISSION, FAILURE OF OR DAMAGE TO HARDWARE, SOFTWARE, COMMUNICATION LINES OR SYSTEMS OR OTHER EQUIPMENT OR ANY VIOLATION OF THIS AGREEMENT.
12. Disclaimer of Warranties
12.1 YOU AGREE THAT THE FXRESEARCH GLOBALLY WEBSITE, CONTENT ON THE WEBSITE, PRODUCTS ON THE WEBSITE 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, LINK TO AND USE OF WEBSITE, CONTENT ON THE WEBSITE, PRODUCTS AND ANY CONTENT IN THEM IS AT YOUR SOLE RISK.
FXRESEARCH GLOBALLY AND OUR EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, MANAGERS AND MEMBERS DO NOT MAKE AND DISCLAIM ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE; ACCURACY, COMPLETENESS, TIMELINESS, SECURITY, QUALITY, RELIABILITY, CURRENTNESS, ADEQUACY OR SUITABILITY; FXRESEARCH GLOBALLY WEBSITE, ITS CONTENT, PRODUCTS ON THIS WEBSITE AND THEIR CONTENT; THE FXRESEARCH GLOBALLY WEBSITE, CONTENT ON OR THROUGH THE WEBSITE, EMAIL SENT BY FXRESEARCH GLOBALLY OR ITS REPRESENTATIVES, EMPLOYEES, AGENTS, FILES AVAILABLE FOR DOWNLOADING THROUGH OUR WEBSITE, PRODUCTS AND CONTENT ON THEM 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.
13. Limitation of Liability
13.1 FXRESEARCH GLOBALLY AND ITS AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SHAREHOLDERS, MANAGERS AND MEMBERS WILL NOT BE LIABLE OR RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY EXPENSES OR COSTS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST OPPORTUNITY, LOST BUSINESS, LOST SAVINGS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF INCOME, LOSS OF USE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, EQUIPMENT LOSSES, TRADING LOSSES OR OTHER DAMAGES, 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, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, ARISING FROM USE OF, INABILITY TO USE OR RELIANCE ON THE WEBSITE, CONTENT ON THE WEBSITES, PRODUCTS, THEIR CONTENT, OR ANY LINKS; ACCESS TO OR INABILITY TO ACCESS WEBSITE OR PRODUCTS; THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT; ANY INACCURACY, INCOMPLETENESS, DELAY, INTERRUPTION, ERROR, OMISSION, DEFECT, INCONVENIENCE, FAILURE, FAULT, UNAVAILABILITY, DIFFICULTY IN USE OR FAILURE OF PERFORMANCE; THE WEBSITE, CONTENT ON THE WEBSITE, 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, OR SEVERE OR EXTRAORDINARY WEATHER, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, FLOOD, ACTS OF NATURE OR ANY FORCE MAJEURE.
14. Arbitration
14.1 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.
14.2 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.
14.3 The provisions of this Agreement shall survive termination or of this Agreement or your Account.
14.4 Any cause of action by you arising out of or related to the use of the websites and products or pertaining to these Terms and Conditions must be filed within one (1) year after the occurrence of such cause of action or be barred.
15. General
15.1 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.
15.2 You may not assign or transfer this Agreement. We may assign or transfer this Agreement to any party at any time without notice to you.
15.3 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.
15.4 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.
15.5 Sections 2-15 shall survive any termination of these Terms and Conditions.
15.6 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.
15.7 The section titles in these Terms and Conditions are solely for the convenience and have no legal or contractual significance.
Updated on February 2013.