Disclaimer

 

Your purchase of any FXSmooth 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 FXSmooth reserves the right, upon notice to you, to change or terminate this Agreement. You agree that your use of The FXSmooth after notice of change to this Agreement, or if you do not close your work with FXSmooth 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 FXSmooth is a trading indicator designed to assist you to trade. FXSmooth Staff shall assume no responsibility for investment choices or determinations. You shall not hold FXSmooth or any of its employees or affiliates or the Staff liable for investment decisions. The Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that FXSmooth does not give legal or tax advice. The FXSmooth 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 FXSmooth. 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 purchase. 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 FXSmooth is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this Site.

All materials on www.FXSmooth.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.FXSmooth.com, limiting the use of the materials. Any unauthorized use of the materials on www.FXSmooth.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

FXSmooth reserves the right to refuse any Purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your Purchase. FXSmooth further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the The FXSmooth Web site.

The FXSmooth 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 FXSmooth site is the only means of accessing the FXSmooth Expert Advisor. You agree that FXSmooth shall not be liable for any losses or damages you incur as a result of the unavailability of The FXSmooth Web site from foreign countries.

This Agreement will be effective only upon our approval of your purchase. FXSmooth reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any FXSmooth Purchase. The FXSmooth further reserves the right to reject a FXSmooth purchase for any reason.

As a FXSmooth purchaser, you agree to be contacted or solicited by FXSmooth partners, coachers, and/or brokers regarding offers.

FXSmooth may terminate any or all services rendered under this Agreement at any time and for any reason. You agree to reimburse FXSmooth for any collection costs relating to any unsecured debit balance in your purchase, 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, including situations in which you have allowed third parties to use your purchase of the FXSmooth Expert Advisor in any such manner, FXSmooth 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 FXSmooth for the time and effort of FXSmooth employees in rectifying said conduct.

You agree that your use of the FXSmooth Indicator will be licensed to a single (1) live trading account.

You agree that FXSmooth 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 FXSmooth 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 FXSmooth Web site is the primary means of processing your FXSmooth purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, The FXSmooth would not be liable for any losses or damages you might suffer as a result of such delays.

By purchasing The FXSmooth and agreeing to these TERMS OF USE, you agree to receive all communications from The FXSmooth via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, Purchase statements, financial statements, notices of modifications to The FXSmooth'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 FXSmooth 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 FXSmooth promptly of any errors or omissions in any transaction or in the handling of your Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.

The FXSmooth reserves the right to record telephone calls to monitor the quality of service you receive or for other purposes The FXSmooth 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 FXSmooth AND/OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES. 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 FXSmooth 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 FXSmooth DETERMINES YOU HAVE COMMITTED FRAUD OR OTHER CRIMES AGAINST THE FXSmooth AND/OR THIRD PARTIES INVOLVING THE FUNDING OF, TRANSACTIONS IN, OR WITHDRAWALS FROM YOUR PURCHASE(S) WITH THE FXSmooth. 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 FXSmooth 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 FXSmooth’s successors, assigns and agents. The FXSmooth 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 FXSmooth.

To the extent permitted by law, The FXSmooth 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 Purchase, 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 FXSmooth’s gross negligence or willful misconduct and without limiting the generality of the foregoing, FXSmooth 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).

FXSmooth shall have no liability for and you agree to reimburse, indemnify and hold FXSmooth, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling The FXSmooth 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 FXSmooth '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 FXSmooth to perform any obligations to you, and (e) your failure to provide accurate information on your FXSmooth Purchase Application or to update that information as required.

Waiver, Modifications and Amendments

The FXSmooth'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 FXSmooth'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 FXSmooth Purchaser, have read and understand these Terms of Use. Furthermore, my continued use of The FXSmooth shall constitute my consent to these Terms of Use.

Should you have questions please email: support@FXSmooth.com

U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

Protecting Your Confidential Information

We, at FXSmooth, value our relationship with each of our customers, and we appreciate the trust that you have placed in us. We recognize that you have concerns about the confidential personal information we obtain about you throughout our relationship. Because protecting your confidential information is important to us, we have adopted a privacy policy which governs how the confidential information we obtain about you is used and maintained. We pledge to protect that information and ensure that it remains private. The information in this notice summarizes the categories of personal information that we collect about you, how that information is handled, and how we protect that information.

We do not disclose any nonpublic personal information about our customers to anyone, except as required or permitted by law. FXSmooth does not sell personal information obtained about you to companies that are not associated with FXSmooth for the purpose of marketing their products or services to you.

Collection and Use of Personal Information

The privacy policy set forth in this notice applies to FXSmooth and affiliated companies of FXSmooth. We collect nonpublic personal information about you from the following sources, solely for the purposes specified:

Information we receive from you on account applications or other forms, such as name, address, phone and similar information. We use this information to administer the accounts we maintain on your behalf, process transactions requested by you, respond to your inquiries, evaluate your investment needs, and identify other products and services that may interest you.

All FXSmooth employees are instructed to use strict standards of care regarding the confidentiality of your nonpublic personal information as outlined in firm policies. Employees not adhering to our firm policies are subject to disciplinary action. We require outside companies and independent contractors to whom we provide customer information for marketing, servicing or processing to enter into a confidentiality agreement that restricts the use of the information to those purposes. We maintain physical, electronic and procedural safeguards that comply with applicable laws to protect your nonpublic personal information.

 

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