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IStraFX MEMBER
AGREEMENT
BY COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO THE
TERMS OF THIS MEMBER AGREEMENT, JUST AS IF YOU HAD SIGNED
THE MEMBER AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS
MEMBER AGREEMENT, PLEASE DO NOT COMPLETE THE REGISTRATION
PROCESS AGREEMENT BETWEEN USER AND IStraFX AND CLICK ON THE
DISAGREE BUTTON.
This "website" (the ""website"") is offered to you
(hereinafter referred to as "Member") conditioned on your
acceptance without modification of the terms, conditions,
and notices contained herein. Your use of this "website"
constitutes your agreement to all such terms, conditions,
and notices. The right to use this "website" and any other
product or service offered by IStraFX, inc.
("IStraFX"), is personal to Member and is not transferable
by assignment, sublicense, or any other method to any other
person or entity.
MEMBER INFORMATION
Member shall provide IStraFX with accurate, complete, and
updated information as to his or her real name and a valid
email address provided by Member at registration. In each
case, failure to do so shall constitute a breach of this
agreement.
No member may (i) select or use a username or email address
of another person with the intent to impersonate that person
or entity; (ii) use a username or email address subject to
the rights of any person other than Member without
authorization; (iii) use a username in violation of the
intellectual property rights of any person; or (iv) use a
username that IStraFX, at its sole discretion, deems
offensive.
PASSWORD DISCLOSURE
Member acknowledges that his or her right to use this
"website" and other products or services offered by IStraFX is
unique or specific to Member and is not transferable by
assignment, sublicense, or any other method to any other
person or entity. Any attempt to transfer Member's right to
use this "website" is void and shall constitute a breach of
this Agreement.
Member shall take any and all actions necessary to maintain
the privacy of his or her password. In the event Member has
reason to believe that a third party has access to Member's
account, Member shall promptly change their account password
by going to the appropriate link of the site and
following the directions listed and, if any such problem
persists, notify IStraFX (by notice given to help@istrafx.com).
PERSONAL AND NON-COMMERCIAL USE LIMITATION
This website is for Member's personal and non-commercial
use. Member may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
software, products or services obtained from this "website".
TRADING
SIGNALS
IStraFX is not responsible for loss of trading information
such as forex forecasts or trading signals, sent to
customers by email or by any other method caused by poor
Internet connection, no Internet access, network/server
delays, or any other communication problems.
When receiving the signal, it is the responsibility of the
subscribed member to try and get as close to the suggested
entry as possible.
Trading signals are not negotiable or explained, they are
given as they are, as a trading recommendations and you use
them at your own risk. IStraFX is not
responsible for the proper, on time, accurate and legible
receipt of trading forecasts and signals, the delivery of
which depends on the Internet connection.
Currency prices may differ from platform to platform, as
well as fast changes of forex market, and we are not
responsible for the accurate buy/sell currency prices sent
by us through email or by any other method. Questions and
inquiries should be sent by email or by our helpdesk ticket
system.
FOREX
TRADING RISK
Foreign
exchange transactions carry a high degree of risk and any
transaction involving currencies is exposed to, among other
things, changes in a country's political condition, economic
climate, acts of nature - all of which may substantially
affect the price or availability of a given currency.
Therefore we
do not take responsibility for losses of assets caused to
subscribed members' trading actions based on our trading
forecasts and signals sent to them. Previous performance is
not a guarantee for a future success in forex trading
online.
REFUND OF
PAYMENTS
IStraFX does
not refund any payments made by Bank Wire Transfer, Western
Union, Money Gram or online Credit Card payments for the
services subscribed by the member.
NATURE OF SERVICE
IStraFX is neither an investment advisory service nor an
investment advisor. We are not investment advisors and do
not purport to tell people, or suggest to people, what they
should buy or sell for themselves.
Investors should always check with their licensed financial
advisor, including their tax advisor, to determine the
suitability of any investment. IStraFX recommends that
anyone trading securities should do so with caution, and
prior to the execution of a security trade based upon
information learned at IStraFX, members are advised to
consult with their broker or other financial representative.
Neither IStraFX nor anyone affiliated with IStraFX is
responsible for any investment decision made.
IStraFX has made all reasonable efforts to ensure that all
information provided on its own website on the Internet is
accurate at the time of inclusion; however, there may be
inadvertent and occasional errors for which IStraFX
apologizes.
The information contained within this website is the
property of IStraFX. While we strive to
present accurate and useful information, IStraFX makes no
guarantee of accuracy or completeness. All information and
opinion expressed herein is subject to change without
notice. Opinions and recommendations contained herein should
not be construed as investment advice. Do not assume that
any recommendations, insights, charts, theories, or
philosophies will ensure profitable investment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF THIS WEBSITE ARE AT
HIS OR HER SOLE RISK. NEITHER IStraFX, ITS AFFILIATES, NOR
ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS
"website" WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF THIS "website" OR AS TO THE ACCURACY,
RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH THIS "website".
B. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND
INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER
THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION
APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER
SPECIFICALLY ACKNOWLEDGES THAT IStraFX IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD
PARTIES, MEMBERS, OR OTHER USERS AND THAT THE
RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH
MEMBER.
D. IN NO EVENT WILL IStraFX OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING, OR DISTRIBUTING THIS "website" BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST
PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS "website" OR OUT OF THE BREACH OF ANY
WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS "website".
E. IStraFX NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE
ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT
ON THIS "website", NOR FOR ANY OFFENSIVE,
DEFAMATORY, OR OBSCENE POSTING MADE BY ANYONE
OTHER THAN AUTHORIZED IStraFX EMPLOYEE SPOKESPERSONS WHILE
ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES
WILL IStraFX BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A
MEMBER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE
CONTENT ON THIS "website".
IT IS THE RESPONSIBILITY OF EACH MEMBER TO EVALUATE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION,
OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS
"website". PLEASE SEEK THE ADVICE OF
PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF
ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT,
INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE
INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
F. IStraFX DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY
PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS
"website" AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY
TRANSACTION BETWEEN MEMBER AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER
SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
G. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL
IStraFX, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE
EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
(i) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED
BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE
OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE
SERVICE.
H. MEMBER AGREES THAT THE LIABILITY OF IStraFX, ITS
AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF
ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR
OTHERWISE) IN ANY WAY CONNECTED WITH THIS "website" OR THE
INFORMATION IN THIS "website" SHALL NOT EXCEED THE AMOUNT
MEMBER PAID TO IStraFX, FOR USE OF THIS "website".
INDEMNIFICATION
Member agrees to indemnify and hold IStraFX, its parent, its
employees, its officers, and its agents harmless from and
against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not
limited to attorney's fees) arising from Member's use of
this "website" or from Member's violation of this Agreement
or any third party's rights including but not limited to
copyright, property, and privacy rights. This
indemnification and hold harmless obligation will survive
this Agreement and Member's use of this "website".
LINKS TO THIRD-PARTY SITES
This website contains hyperlinks to other website operated
by parties other than IStraFX, and other resources and
advertisers. Such hyperlinks are provided for Member's
reference only. IStraFX is not responsible for the
availability of these external sites, nor is it responsible
for any of the contents, advertising, products, or other
materials on such external sites. IStraFX's inclusion of
hyperlinks to such websites does not imply any endorsement
of the material on such "website"s or any association with
their operators. Under no circumstances shall IStraFX be
held responsible or liable, directly or indirectly, for any
loss or damage caused or alleged to have been caused in
connection with the use of or reliance on any content,
goods, or services available on such external site. Any
concerns regarding any external link should be directed to
its respective site administrator or webmaster.
COPYRIGHT AND LIMITATIONS ON USE
The information available through this "website" is the
property of IStraFX or its licensors and is protected by
copyright and other applicable laws, treaties, and
conventions. All rights reserved. Information received
through this "website" may be displayed, reformatted, and
printed for Member's personal, non-commercial use only.
Member agrees not to reproduce, retransmit, distribute,
disseminate, sell, publish, broadcast, or circulate the
information received through this "website" to anyone,
including but not limited to others in the same company or
organization, without the express prior written consent of
IStraFX .
Certain names, logos, and/or phrases on these pages may
constitute trademarks and/or copyrights of IStraFX or its
clients. The mark "IStraFX" and the contents of this
"website" are the sole property of IStra Financial
Group. Reproduction in whole or in part is strictly
prohibited without explicit written permission from IStra
Financial Group.
TRADEMARKS
The IStraFX lettering design, IStraFX, and
IStraFX.com are service marks, trademarks, or registered
trademarks of IStra Financial Group and may not be used
without the express written permission of the company.
MODIFICATION OF THESE TERMS AND CONDITIONS
IStraFX shall have the right at any time to impose, change,
or modify the terms and conditions applicable to Member's
use of this "website", or any part thereof, including, but
not limited to, content, hours of availability, and
equipment needed to access or use, and/or Member's use of
any part thereof, or to impose new terms and
conditions. Such changes, modifications, additions, or
deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not
limited to, posting on the "website" a
revised version of this Agreement, and notification by
electronic or conventional mail. If any such change is
unacceptable to Member, Member may terminate his or her
membership account as provided in the section below. Any use
of this "website" by Member
after such notice (other than to terminate Member's
subscription pursuant to the section below) shall
conclusively be deemed to constitute acceptance by Member of
such changes, modifications, additions, or deletions. Member
agrees to review the terms and conditions periodically to be
aware of such revisions. Member may also be subject to
additional terms and conditions imposed by third-party
content providers in connection with third-party content,
software, or services.
TERMINATION
Either IStraFX or Member may terminate this Agreement at any
time. Member
is advised to notify IStraFX if he/she wishes to terminate this Agreement by sending an
email to sales@istrafx.com. Member's notice of termination
will be effective upon receipt by IStraFX. IStraFX has no
obligation to provide Member with notice of termination.
Fees paid for any subscription term are paid in advance and
are not refundable in whole or in part, provided, however,
that in the event of termination by IStraFX for any reason
other than breach of this Agreement by Member or termination
by Member,
IStraFX shall make a pro rata refund to Member.
The terms of the sections of this Agreement entitled
Copyright and Limitations on Use, Disclaimers of Warranties
and Limitations of Liability, and Indemnification, shall
remain in effect after this Agreement has terminated by
IStraFX or by Member.
EQUIPMENT
Each Member shall be responsible for obtaining and
maintaining all telephone, computer hardware and other
equipment needed for access to and use of this "website", and Member shall be responsible for all charges
related thereto.
PRIVACY
Personal data provided by Member to IStraFX will be used
only in connection with services provided on this "website"
and will not be given to unaffiliated third parties except
as required by law. While IStraFX will seek to require
third-party content providers and other parties to adhere to
IStraFX 's privacy policies, IStraFX does not bear any
responsibility for any actions or policies of such third
parties. Member should be aware that when Member voluntarily
discloses personal information (e.g., username, email
address) in this "website", that information can be collected
and used by others and may result in unsolicited messages
from other posters or parties.
MISCELLANEOUS
This Agreement and any operating rules for this "website" established by IStraFX constitute the entire
agreement of the parties with respect to the subject matter
hereof, and supersede all previous written or oral
agreements between the parties with respect to such subject
matter. This Agreement shall be governed by and construed in
accordance with international laws, without
regard to its conflict of local laws rules. No waiver by either
party of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for
convenience only and shall not be given any legal import. |
