Terms Of Use & Service

Transcription

1 Terms Of Use & Service Terms and Conditions of Use/ Service Agreement This is our Service Agreement. The FX Edge offers its services to you subject to the Terms and Conditions contained in this Service Agreement. If you visit or sign up at The FX Edge, you accept these Terms and Conditions. THE FX EDGE MEMBERSHIP AND BILLING Thank you for visiting the The FX Edge website located at (the "Site"). The Site is an Internet property of the The FX Edge ("Company," "we" or "us"). You agree to the following Terms and Conditions ("Terms and Conditions"), in their entirety, when you: (a) access or use our Site; and/or (b) register as a member ("Member") on the Site, which enables you to access the various Member services ("Member Services") made available at the Member Services website located at ("Member Services Site"). The Terms and Conditions are inclusive of the The FX Edge Privacy Policy ("Privacy Policy") and any and all other applicable The FX Edge manuals, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement"). Please review the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized to use the Member Services, Member Services Site and/or Site in any manner or form whatsoever. PLEASE BE ADVISED THAT THE COMPANY IS NOT ENGAGED IN RENDERING BUSINESS-RELATED, INCOME-RELATED OR EMPLOYMENT-RELATED ADVICE, AND NOTHING WE DO AND NO ELEMENT OF THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE SHOULD BE CONSTRUED AS SUCH. COMPANY DOES NOT ENDORSE, SUPPORT OR CONFIRM THE VALIDITY OF THE INFORMATION OR ADVICE MADE AVAILABLE BY AND THROUGH THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, NOR DOES COMPANY REPRESENT OR WARRANT THAT SUCH INFORMATION OR CONSTITUENT ADVICE IS ACCURATE, COMPLETE OR APPROPRIATE. COMPANY ASSUMES NO OBLIGATION AND INCURS NO LIABILITY IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE UPON ANY SUCH INFORMATION. ALL PRODUCTS AND/OR SERVICES THAT WE OFFER ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. CHECK WITH YOUR ACCOUNTANT, LAWYER AND/OR OTHER PROFESSIONAL ADVISORS BEFORE ACTING ON ANY INFORMATION PROVIDED BY AND THROUGH OUR SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE. INCOME RESULTS ASSOCIATED WITH THE USE OF THE MEMBER SERVICES ARE BASED ON MANY INDEPENDENT FACTORS. THEREFORE, WE DO NOT GUARANTEE THAT YOU WILL ATTAIN A CERTAIN LEVEL OF INCOME OR OTHER FINANCIAL BENEFIT FROM USE OF THE MEMBER SERVICES. 1. Scope of Agreement The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Member Services Site and/or Member Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or

2 charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check this page for updates and/or changes. 2. Requirements. The Site, Member Services Site and Member Services are available only to individuals that can enter into legally binding contracts under applicable law. The Site, Member Services Site and Member Services are not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site, Member Services Site and/or Member Services. 3. Description of Member Services. Subject to the terms and conditions of the Agreement, by registering on the Site, you can obtain the Member Services. The Member Services, will enable you to: (a) access and utilize the interactive features of the Member Services Site that are designed to facilitate interaction between you and our support staff; and (b) utilize the many resources and programs of the Member Services Site that are designed to facilitate your participation in the various Company programs including, without limitation, training materials, digital audio recordings, digital video and presentations. As a Member, in connection with the Member Services and otherwise, you must comply with all foreign and domestic, federal, state and local laws, statutes, rules, regulations and judicial decrees including, without limitation, state and federal securities laws. You understand and agree that Company is not responsible or liable in any manner whatsoever for your inability to use the Member Services, Member Services Site and/or Site. 4. Membership Fees. Upon providing the requisite Registration Data for our product the RTZ Profit Indicator, the credit or debit card that you provided during registration or updated at a later date ("Active Credit Card") will be charged Seventy-Seven Dollars ($77) per month, for access to the Member Services (the "Fees"). All charges are payable in United States currency, and such Fees will appear on your Active Credit Card statement as "RTZ". Failure to use the Member Services does not constitute a basis for refusing to pay any of the associated charges. Your Member account may be deactivated, and access to the Site denied, for non-payment. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of Company in effect at any given time. Upon reasonable prior written notice to you (with sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site, Member Services Site and/or Member Services after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. Company s authorization to provide and bill its Member Services is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. 5. Refund Policy. Where you cancel your Member account at any time within the first thirty (30) days of your applicable Membership, you will receive a full refund of any and all Fees and you will not be charged for any subsequent Fees. ("Qualifying Refund"). 6. Cancellation. All subscriptions renew automatically via Stripe, until the subscription is cancelled. Please note that The FX Edge does not store your card details. Everything is done via Stripe. When you subscribe to a service or product offered by The FX Edge, you will automatically be charged once

3 renewal is due. If you wish to cancel your subscription renewal, you need to contact The FX Edge Support by ing prior to your next payment date to cancel your subscription. 7. License Grant. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Member Services, Member Services Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. You may use the Site, Member Services, Member Services Site and associated content, on one computer for your own personal, non-commercial use. No part of the Site, Member Services, Member Services Site or associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site, Member Services and/or Member Services Site by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Member Services, Member Services Site or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site, Member Services, Member Services Site and associated content is not transferable. 8. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, Member Services Site and/or Member Services, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, Member Services Site and/or Member Services is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site and/or Member Services Site. The posting of information or material at the Site and/or Member Services Site does not constitute a waiver of any right in such information and/or materials. 9. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit and/or delete any documents, information or other content appearing on the Site. 10. User Information. Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices. 11. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Member Services, Member Services Site and/or the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and entity. The provisions of this paragraph are for the benefit of Company, its parent, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf. 12. Disclaimer of Warranties. THE SITE, MEMBER SERVICES AND MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, ARE PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, MEMBER

4 SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, WILL BE ACCURATE OR RELIABLE. THE SITE, MEMBER SERVICES AND MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE AND MEMBER SERVICES SITE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE AND/OR MEMBER SERVICES SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. 13. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN, OR ANY OTHER COMPANY PRODUCTS AND/OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE OR MEMBER SERVICES SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR MEMBER SERVICES SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (D) ANY OTHER MATTER RELATING TO THE SITE, MEMBER SERVICES AND/OR MEMBER SERVICES SITE, AS WELL AS ANY ADVICE CONTAINED THEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR THE MEMBER SERVICES. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION 15. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, MEMBER SERVICES AND MEMBER SERVICES SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. 14. Third Party Websites. The Site and/or Member Services Site may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability of such third party websites and/or resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or other materials available at or from such third party websites or resources, or for any damages and/or losses arising there from. 15. Legal Warning. Any attempt by any individual, whether or not a Member, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Member Services Site, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity. 16. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in London, UK and shall be governed by and construed in accordance with the laws of London, UK (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the British Arbitration Association in UK, in accordance with the then current Commercial Arbitration Rules of the British Arbitration Association.

5 Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and its employees, officers, directors, members, representatives and assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney s fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. 17. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site, Member Services Site and Member Services. To the extent that anything in or associated with the Site, Member Services Site and/or Member Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. 18. Customer Service. If you have any questions, please contact us at: support@thefxedge.zendesk.com or mail us at: The FX Edge, International House, 124 Cromwell Road, Kensignton, London, SW7 4ET, UK. Last updated: February 2016 Copyright TheFXEdge.com