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IF YOU DO NOT AGREE WITH
THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE
LAST UPDATED: May 1,
2009
FXPIPCAPITAL.COM TERMS OF
SERVICE
This is the fxpipcapital.com
web site, the home page of which is currently located at www.fxpipcapital.com.
We can be reached via e-mail
at support@fxpipcapital.com.
The terms and conditions of
these Terms of Service (the "Agreement") are applicable to the web
sites located at the domain fxpipcapital.com (the "Site"). The
Agreement sets forth the terms and conditions that apply to your use of the Site
and materials offered thereon (together with any successor web site(s),
collectively, the "Service") which are offered to you by
FXPIPCAPITAL. BY USING THE SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT
JUST AS IF YOU HAD SIGNED IT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF
SERVICE, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE SIGNIFIES YOUR
CONSENT TO THIS AGREEMENT AND THE PRIVACY POLICY. Click here to review
FXPIPCAPITAL Privacy Policy.
SPECIAL NOTE FOR PEOPLE UNDER
EIGHTEEN (18) YEARS OF AGE: If you are under eighteen, you must have your
parent or guardian review and agree to this Agreement on your behalf by
clicking the box marked "I have read & accept the FXPIPCAPITAL.com
Terms of Service & Privacy Policy". Users under thirteen may not use
the Service (as defined below). Please review Section 15 below for more
information.
FXPIPCAPITAL reserves the
right to change this Agreement from time to time, for any reason, which changes
FXPIPCAPITAL may provide to you by any reasonable means, including without
limitation by posting the new version of this Agreement on the Service. We
encourage you to bookmark this page and to periodically review it to ensure
familiarity with the most current version of this Agreement. You can determine
when this Agreement was last revised by referring to the "LAST
UPDATED" legend at the top of this Agreement. When using the Service, you
agree that you are subject to any additional posted guidelines, rules, terms
and conditions applicable to the Service, which are hereby incorporated by
reference into this Agreement.
1. Restrictions on Use
(a) General The Service is a
computer online service. It is accessible to you through a personal computer,
or other access device at the domain fxpipcapital.com using a communications
connection (e.g., internet service provider or modem and telephone line). As
part of the Service, you will be provided with services that may include,
without limitation, data, information, editorial content, chat rooms, links to
other web sites and other computer services that FXPIPCAPITAL may decide to
offer, subject to the terms hereof. FXPIPCAPITAL may, in its sole discretion,
discontinue or alter any aspect of the Service, including, but not limited to,
(i) restricting the time of availability, (ii) restricting the availability
and/or scope of the Service for certain platforms (i.e., computer types and
operating systems), (iii) restricting the amount of use permitted, and (iv)
restricting or terminating any User's right to use all or part of the Service,
at any time in FXPIPCAPITAL’s sole discretion and without prior notice or
liability. You are responsible for all charges (e.g., telephone, internet
service provider or airtime) associated with connecting to the Service. You are
also responsible for obtaining or providing all telephone access lines,
telephone and computer equipment (including modem), or other access device,
necessary to access the Service. You certify that you are an individual (i.e.,
not a corporation). The Service is owned and operated by FXPIPCAPITAL and its
affiliated companies and contains material that is derived in whole or in part
from material supplied and owned by FXPIPCAPITAL and/or its suppliers and
licensors. Such material is protected by copyright, trademark, and other
applicable laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works based (whether in whole or
in part) on, or distribute in any way all or any part of the Service or any
material from the Service, including but not limited to code and software
("Material"). You may, however, subject to your compliance with this
Agreement, and solely for as long as you are permitted by FXPIPCAPITAL to
access and use the Service, download certain Material from the Service for your
personal, non-commercial use only, provided you do not remove, alter, interfere
with, or circumvent any copyright, trademark or other proprietary notices, or
any digital rights management mechanism, device or other content protection or
access control measure associate with the Service, and use the Material in
accordance with all restrictions applicable to your use of the Service in
general. In the event that you download Material from the Service, such
Material is licensed to you by FXPIPCAPITAL and FXPIPCAPITAL does not transfer
title to any such Material to you.
2. Membership Rules and
Guidelines
(a) Registration Certain of
the Service's offerings will be member based services. If you decide to use
member based services you will be required to register an account. With respect
to any such registration, we may refuse to grant you, and you may not use, a
user name (or email address) or screen name that is already being used by
someone else; that may be construed as impersonating another person; that
belongs to another person; that violates the intellectual property or other
rights of any person; that is offensive; or that we reject for any other reason
in our sole discretion.
When you register to use the
Service, you will be required to provide certain information about yourself.
You agree to provide true, accurate and complete information about yourself,
and to update this information when it changes. If you provide any information
that is untrue or inaccurate, not current, or incomplete, or if FXPIPCAPITAL
suspects that your information is untrue or inaccurate, not current, or
incomplete, FXPIPCAPITAL may, in its sole discretion, suspend or terminate your
membership and refuse current or future access to the Service. Any personally
identifiable information supplied hereunder will be subject to the terms of our
Privacy Policy. FXPIPCAPITAL reserves the right to change the nature of this
relationship at any time.
After registering an account
on the Service, you will be sent a confirmation email containing a link to the
Service. In order to activate your account, you must click on that link and
log-in to the Service.
(b) Passwords Should
FXPIPCAPITAL provide to you a password, or should you select a password, that
allows you to access certain parts of the Service, you will be solely
responsible for maintaining the confidentiality of the password and your
account information, and will be fully responsible for all activities that
occur under your password or account. You agree that you will immediately
notify FXPIPCAPITAL of any unauthorized use of your password or account, or any
other breach of security, and that you will log off the Service at the end of
each session to prevent fraud on your account by third parties.
(c) Rules for Use of the
Service
* (1) Conduct Required for Use of the
Service It is a condition of your use of the Service that you do not: (i)
restrict or inhibit any other user from using and enjoying the Service; (ii)
post or transmit any unlawful, threatening, abusive, libelous, defamatory,
obscene, vulgar, pornographic, profane, indecent or otherwise objectionable
information of any kind, including without limitation, any images or other
material depicting Nudity as herein defined; (iii) post or transmit comments
containing harassing or offensive language, including sexual references, sexual
nicknames, racial slurs, hate propaganda, hate mongering, swearing, or rude or
deliberately offensive comments, or engage in disruptive activities online,
including excessive use of scripts, sound waves, scrolling (repeating the same
message over and over), or use of viruses, bots, robots, spiders, worms, Easter
eggs, time bombs, spyware, Trojan horses or any other computer code, file, or
program that is harmful or invasive or may or is intended to damage, interrupt,
destroy, hijack or limit the functionality or the operation of, or to monitor
the use of, any hardware, software or equipment; (iv) post or transmit any
information, software or other material that is fraudulent or tortious or that
violates or infringes the rights of others, including material that violates
privacy or publicity rights, or infringes copyright, trademark or other
proprietary rights, without first obtaining permission from the owner or right
holder, including WAREZ (copyrighted material distributed without permission);
(v) post or transmit any information, software or other material that contains
a virus or other harmful component; (vi) post or transmit content that
encourages or provides instructional activities about illegal activities, in
particular hacking, cracking or phreaking; (vii) post, transmit or in any way
exploit any information, software or other material for commercial purposes or
that contains advertising, "junk mail," "spam," "chain
letters," "pyramid schemes," investment opportunities or any
other forms of solicitations; (viii) solicit other users to join, become
members of, or contribute money to any online service or other organization,
advocate or attempt to get users to join in legal or illegal schemes or plan or
participate in scams involving other users; (ix) impersonate any person or
entity or falsely state or otherwise misrepresent your professional or other
affiliation with any person or entity; (x) resell, redistribute, broadcast or transfer
the information or use the information derived from the Service in a
searchable, machine-readable database; (xi) use the Service to collect
personally identifying information about users of the Service in violation of
our Privacy Policy; (xii) disguise a file type to thwart FXPIPCAPITAL detection
processes; (xiii) post or transmit any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any local, state, national or
international law; (xiv) attempt to gain unauthorized access to other computer
systems or networks connected to the Service, (xv) remove any copyright,
trademark or other proprietary rights notice from the Service or materials
originating from the Service; or (xvi) frame or mirror any part of the Service
without FXPIPCAPITAL’s express prior written consent. For the purposes of this
Agreement, "Nudity" shall include, without limitation, images
depicting persons with unclothed genitalia or persons wearing transparent
clothing over genitalia. You agree that you will not use the Service, including
the information provided therein and all related equipment, networks and
network devices (specifically including Internet access) for any unlawful
purpose. FXPIPCAPITAL, at its sole and absolute discretion, shall determine
whether any information transmitted or received violates this provision. You
may not use any Material in connection with any site or other use that contains
or is associated with information or content prohibited by this section. Except
as otherwise expressly permitted by this Agreement or under applicable law, you
may not decompile, reverse engineer, disassemble or reduce any portion of the
Service to a human-readable form, or attempt to do any of the above. In
accordance with mandatory statutory rights, you may decompile any portion of
the Service and use such decompiled portion if, and only to the extent that,
such decompilation is necessary to obtain the information necessary for an
independently created program to be interoperable with the relevant portion of
the Service or with another program, and the information so obtained is not
used for any other purpose; provided always that prior to such decompilation
you have requested the relevant information in writing to FXPIPCAPITAL and FXPIPCAPITAL
has not provided the information within one month of your written request.
* (2) Monitoring
FXPIPCAPITAL has no obligation to monitor
the use of the Service by members. You acknowledge and agree that FXPIPCAPITAL
reserves the right to, and may from time to time, monitor any and all
information uploaded to this Service for operational or other purposes. During
monitoring, information may be examined, recorded, copied, and used for
authorized purposes in accordance with our Privacy Policy and applicable
privacy laws and regulations. Use of the Service constitutes consent to such
monitoring. Furthermore, FXPIPCAPITAL reserves the right at all times to refuse
to post, alter or remove any information or materials, in whole or in part,
that in FXPIPCAPITAL’s sole and absolute
discretion are objectionable or in violation of this Agreement. In addition, FXPIPCAPITAL
reserves the right at all times to disclose any information posted on any
portion of the Service as necessary in order to operate the Service, to protect
FXPIPCAPITAL, its parent or subsidiary companies, its affiliates and their
respective directors, officers, employees and agents and the Service's users,
to satisfy any law, regulation or governmental request or to enforce this
Agreement.
* (3) License
By uploading files, inputting data,
submitting content (including without limitation, comments to blogs, message
boards, forums or other postings) or engaging in any other form of communication
(a "Communication") through the Service you are granting FXPIPCAPITAL
a royalty-free, irrevocable, transferable, perpetual, non-exclusive,
unrestricted, worldwide license to (i) use, copy, sublicense (through multiple
tiers), adapt, edit, modify, translate, reformat, distribute, transmit,
publicly perform, display, reproduce or create derivative works from any such
Communication in any form of media or technology now known or later developed
or invented, and (ii) sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to such
Communication. No Communication shall be subject to any obligation of
confidence on the part of FXPIPCAPITAL. For each Communication, you represent
and warrant that you have all rights necessary for you to grant the license
granted in this section, and that such Communication, and your provision
thereof to and through the Service, complies with all applicable laws, rules
and regulations. You further irrevocably waive any "moral rights" or
other rights with respect to attribution of authorship or integrity of
materials regarding each Communication that you may have under any applicable
law under any legal theory.
* (4) Content on the Service
Communications posted through the Service
may be provided by users such as you who are unaffiliated with FXPIPCAPITAL,
and the user providing each such Communication is solely responsible for the
content thereof. This means that you, and not FXPIPCAPITAL, are entirely
responsible for all Communications that you upload, post, email or otherwise
transmit to or via the Service. In using the Service or receiving e-mail
messages from members through the Service, you should not assume that such
messages have been reviewed by FXPIPCAPITAL, that such Communications contain
correct information, or that the persons posting such Communications have
accurately identified themselves and/or their affiliation with any third party.
FXPIPCAPITAL neither endorses nor is responsible for any opinion, advice,
information or statements made in the Communications by third parties. You
understand that by using the Service, you may be exposed to Communications that
are offensive, indecent, or objectionable. Under no circumstances will FXPIPCAPITAL
be liable in any way for any Communication, including, but not limited to,
liability for any errors or omissions in any Communication, or for any loss or
damage of any kind incurred as a result of the use of any Communication posted,
e-mailed, or otherwise transmitted via the Service. The opinions expressed in
the Communications reflect solely the opinions of the individuals who submitted
such opinions, and may not reflect the opinions of FXPIPCAPITAL.
* (5) Personal Safety
When using the Service, please be certain
that anything you say does not compromise your personal safety. Do not provide
your name, phone number, postal or e-mail address, your password, or any other
personally identifying information to people you do not know. Do not continue
any conversation online that makes you feel uncomfortable. Please note that FXPIPCAPITAL
has no control over, and shall have no liability for any damages resulting
from, the use (including without limitation republication) or misuse by any
third party of information voluntarily made public through any Communication or
any other part of the Service. If you choose to make any of your personally
identifiable or other information publicly available on the Service, you do so
at your own risk.
* (6) Postings
Portions of the Service may provide you
and other users an opportunity to submit, post, display, transmit and/or
exchange information, comments, ideas, opinions, photographs, images, video,
creative works or other information, messages, transmissions or material to us,
the Service or others ("Post" or "Postings"). Various
sections of the Service may permit registered users to submit comments. FXPIPCAPITAL
staff, in their sole discretion, may review, edit and shorten certain submitted
Postings and/or select certain Postings to display. Postings may include one or
more of the following: your screen name, first name, last name initial and
state. In some instances we may ask registered users how they would like to be
identified in their Posting.
* By making a Posting, you are representing
and warranting 1) that you are at least 18 years old and 2) that your comment
does not violate the rights of any other person or entity. You will not receive
any compensation for your comment or for granting any of these rights. FXPIPCAPITAL
is not obligated to use your comment. For more detail on Postings, see Section
23.
3.How Our Service Works
FXPIPCAPITAL provides users
with access to a rich collection of resources related to financial and business
news, such as FXPIPCAPITAL video programming, financial tools and news analysis
(the "Content"). Some of our Content requires users to be registered
and other Content requires users to pay a fee which could be billed either in
regular increments (e.g. monthly or yearly) or on a pay-per-use basis.
You understand and agree that
the Service may include certain communications from FXPIPCAPITAL, such as
service announcements or administrative messages, and that these communications
are part of the Service and you will not be able to opt out of receiving them.
You understand and agree that the Service is provided "AS-IS" and
that FXPIPCAPITAL assumes no responsibility for the timeliness, deletion,
misdelivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that
access may involve third party fees (such as internet service provider or
airtime charges). In addition, you must provide and are responsible for all
equipment necessary to access the Service.
4. Our Subscription Services
Generally The Service may offer certain
services for which we charge a fee that is billed in regular increments (e.g.
monthly or yearly) in order for registered users to access the service
("Subscription Services")
Free Trials
From time to time, we may
offer our Subscription through a free trial. Free trials are only available to
first time subscribers of the Subscription Service and cannot be combined with
any other offer. Only one free trial may be redeemed per person. You must have
Internet access, valid email address and a valid credit card ("Payment
Method") to redeem a free trial offer. Upon registering for your free
trial, your Payment Method will be authorized for the length of subscription
indicated during the registration process. In some instances, your available
balance or credit limit may reflect the authorization; however, no charges will
be made against the Payment Method unless you do not cancel prior to the end of
your free trial period.
At the end of any free trial
period, we will begin billing your Payment Method for the indicated
subscription fees corresponding to your subscription plus any applicable tax
unless you cancel prior to the end of your free trial. You will not receive a
notice from us that your free trial has ended or that your paying subscription
has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL OFFER TO AVOID
CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MEMBER CENTER" LINK AT THE
HOME PAGE OF THE SERVICE FORCANCELLATION INSTRUCTIONS. We will continue to bill
your Payment Method on a regular basis for your subscription plan until you
cancel. You may cancel your subscription at anytime. We reserve the right to
modify, terminate or otherwise amend our offered subscription plans. Unless
otherwise stated differently, month or monthly, or year or yearly refers to
your billing cycle (See "Billing" below).
Subscription fees are subject
to change. In the event of a change in any subscription fee, a notice regarding
the subscription fee change will be posted at the Member Center or you will be
sent an email prior to the effective date of the fee change. It isthe sole
responsibility of the subscribers to check this page from time to time for any
such notices.
Credit Card Billing
By subscribing to a Subscription
Service, you are expressly agreeing that we are permitted to bill you a
periodic (e.g., monthly or yearly) subscription fee, any applicable tax and any
other charges you may incur in connection with your use of the Subscription
Service. As used in these Terms of Service, "billing" shall indicate
a charge against your Payment Method. YOU REPRESENT AND WARRANT THAT YOU HAVE
THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE. The subscription fee
will be billed at the beginning of your subscription and on each periodic
renewal thereafter unless and until you cancel your membership. We will
automatically bill your Payment Method each period on the calendar day
corresponding to the day after your free trial has ended. In the event a
monthly membership began on a day not contained in a given month, we will bill
your Payment Method on the last day of such month. For example, if you became a
paying member on January 31st, your Payment Method would next be billed
onFebruary 28th. If you received a free trial, your Payment Method will be
authorized for the approximate period of service indicated during registration
for the free trial; however, no charges will be made against the Payment Method
unless you do not cancel prior to the end of your free trial period. All fees,
taxes and charges are nonrefundable. There will be no refunds or credits for
partially used periods, unless required by applicable law. We may change the
fees and charges in effect, or add new fees and charges from time to time, but
we will give you advance notice of these changes by posting a notice at the
Member Center or by e-mail. If you want to use a different Payment Method or if
there is a change in your credit card validity or expiration date, you may edit
your Payment Method. If your Payment
Method reaches its expiration date, your continued use of the Subscription
Service constitutes your authorization for us to continue billing that Payment
Method and you remain responsible for any uncollected amounts. If a charge to
your credit card is denied for any reason, FXPIPCAPITAL shall have the right to
terminate or suspend your subscription and your access to the Subscription
Service.
Automatic Renewals
Your subscription to a
Subscription Service will be automatically renewed on a periodic (e.g., monthly
or yearly) basis. We will bill the applicable subscription fee plus any
applicable tax to the Payment Method you provide to us during registration (or
toa different Payment Method if you change your account information). Your
subscription will automatically renew for successive periodic subscriptions,
without prior notice to you, unless and until you cancel your subscription or
we terminate it. You must cancel your subscription before it renews each period
in order to avoid billing of the next period's subscription fees to your
Payment Method.
Cancellation
You may cancel your
subscription to a Subscription Service at anytime, and cancellation will be
effective at the end of the applicable period during which you notify FXPIPCAPITAL
of your cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY
PARTIAL-PERIOD SUBSCRIPTION PERIODS OR UNUSED SERVICES, UNLESS OTHERWISE
REQUIRED BY APPLICABLE LAW. # FXPIPCAPITAL reserves the right to discontinue
any Subscription Service at any time, and to cancel your subscription in
connection with the discontinuation of the Subscription Service; in such event,
FXPIPCAPITAL will provide a pro-rata return of your subscription fee based on
the unused portion of your subscription. We reserve the right to terminate your
account for any reason or no reason. For
subscriptions labeled as “lifetime membership”, FXPIPCAPITAL has the right to
end your subscription at any time.
Lifetime refers to the lifetime that FXPIPCAPITAL continues to run the
service for which you applied. If
FXPIPCAPITAL cancels the portion of the lifetime membership for which you
applied within three months of you subscribing, you are entitled to a full
refund. Requests must be sent to
support@fxpipcapital.com
5. Account Access; Identity
Protection
In order to provide you with
ease of access to your account, FXPIPCAPITAL will place a cookie (a small text
file) on any computer from which you access the Service. Please see our Privacy
Policy for information about cookies. When you revisit the Service, this cookie
will enable us to recognize you as the account holder and provide you with
direct access to your account without requiring you to retype any password or
other user identification. You are responsible for updating and maintaining the
truth and accuracy of the information you provide to us relating to your
account.
You are also responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer or mobile device. Users of public or shared
computers or unprotected mobile devices should log out at the completion of
each visit to the Service. If you find that you're a victim of identity theft
and it involves a FXPIPCAPITAL account, you should notify customer service.
Then, you should report this instance to all your credit card issuers, as well
as your local law enforcement agency. FXPIPCAPITAL reserves the right to place
any account on hold anytime with or without notification to the subscriber in
order to protect itself and its partners from what it believes to be fraudulent
activity. FXPIPCAPITAL is not obligated to credit or discount a membership for
holds placed on the account by either a representative of FXPIPCAPITAL or by
the automated processes of the Service.
6. No Resale of Service
You agree not to reproduce,
duplicate, copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
7. Customer Support
All customer support for the
Service will be conducted solely online and/or via email at support@FXPIPCAPITAL.com.
8. Submissions
FXPIPCAPITAL is pleased to
hear from users and welcomes your comments regarding FXPIPCAPITAL's programs
and services. FXPIPCAPITAL's longstanding company policy does not allow it to
accept or to consider creative ideas, suggestions, or materials other than
those it has specifically requested. We hope that you will understand that the
intent of this policy is to avoid the possibility of future misunderstandings
when projects developed by FXPIPCAPITAL's employees and agents might seem to be
similar to creative works submitted by users. Accordingly, while we value your
feedback, we must ask that you do not send original creative materials. If, at
our request, you send certain specific submissions (for example contest
entries), or without a request from us you send creative suggestions, ideas,
notes or concepts or other materials (collectively, "Comments"), they
shall be deemed, and shall remain, the property of FXPIPCAPITAL, and shall otherwise
be subject to the provisions below. You represent and warrant that you are
authorized to grant all rights in the Comments to FXPIPCAPITAL. Disclosure,
submission, or offer of any Comments shall constitute an assignment to FXPIPCAPITAL
of all worldwide rights, titles, and interests in all copyrights and other
intellectual property rights in such Comments. FXPIPCAPITAL may edit, copy,
publish, distribute, translate, and otherwise use in any medium any Comments
that you forward to FXPIPCAPITAL and will own exclusively all such rights,
titles, and interest and shall not be limited in any way in its use, commercial
or otherwise, of the Comments. FXPIPCAPITAL is and shall be under no obligation
to: (1) maintain any of your or any user's Comments in confidence; (2) to pay
to you or any user any compensation for any Comments; or (3) to respond to any
of your or any other user's Comments.
9. Merchants and Rules for
Sweepstakes, Contests, Raffles and Similar Promotions
In addition to the terms and
conditions of this Agreement, any sweepstakes, contests, raffles or similar
promotions (collectively, "Promotions") made available through the
Service may be governed by specific rules that are separate from this
Agreement. We note that you should review the specific rules for a particular
Promotion to determine whether you are eligible to participate in such
Promotion. By participating in any such Promotion, you will become subject to
any specific rules applicable to such Promotion, which may vary from the terms
and conditions set forth herein. FXPIPCAPITAL urges you to review any specific
rules applicable to a particular Promotion, which will be linked from such
Promotion, and to review our Privacy Policy which, in addition to this
Agreement, governs any information you submit in connection with such
activities. To the extent that the terms and conditions of such rules conflict
with this Agreement, the terms and conditions of such rules shall control. Your
correspondence or business dealings with, or participation in promotions of,
merchants found on or through the Service, including payment and delivery of
related goods or services, and any other terms, conditions, warranties, or
representations associated with such dealings, are solely between you and such
merchant. FXPIPCAPITAL will not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such merchants on the Service.
10. Disclaimer of Warranties
FXPIPCAPITAL HAS PROVIDED
LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES ("THIRD
PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON
THE SERVICE. FXPIPCAPITAL, ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES OR
SUPPLIERS DO NOT OPERATE,OR CONTROL IN ANY RESPECT, ANY INFORMATION, PRODUCTS
OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS
AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE
PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, FXPIPCAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND
NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE
OF DEALING. FXPIPCAPITAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH
MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE,
WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED,OR THAT THE SERVICE,
INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES
THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FXPIPCAPITAL
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS
OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF
THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR
OTHERWISE.
YOU ASSUME ALL RISK OF ERRORS
AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF
INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND
SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU
ACKNOWLEDGE AND AGREE THAT YOURUSE OF THE SERVICE, AND ANY INFORMATION SENT OR
RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY
UNAUTHORIZED PARTIES. DATA PROVIDED ON THE SERVICE MAY BE DELAYED AS SPECIFIED
BY FINANCIAL EXCHANGES INFORMATION PROVIDERS. FXPIPCAPITALFURNISHES THE
INFORMATION AVAILABLE ON THE SERVICE WITHOUT RESPONSIBILITY FOR ACCURACY AND
YOU AGREE THAT ERRORS CONTAINED IN SUCH INFORMATION SHALL NOT BE MADE THE BASIS
FOR ANY CLAIM, DEMAND OR CAUSE OF ACTION. FXPIPCAPITAL AND ITS VENDORS BELIEVE
THEIR DATA ANDTEXT SERVICES TO BE RELIABLE, BUT ACCURACY IS NOT WARRANTED OR
GUARANTEED.
YOU ASSUME RESPONSIBILITY FOR
THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR
COMPUTER SYSTEM OR OTHER PROPERTY.
11. Limitation of Liability
IN NO EVENT SHALL FXPIPCAPITAL,
ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE OR WITH THE DELAY OR
INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, FXPIPCAPITAL'S REMOVAL
OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FXPIPCAPITAL, ITS
PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY
ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT,DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE
CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FXPIPCAPITAL,ITS PARENT, SUBSIDIARY
COMPANIES, AFFILIATES, SUPPLIERS AND/OR THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
12. Indemnification
You agree to defend,
indemnify and hold harmless FXPIPCAPITAL, its parent or subsidiary companies,
its affiliates and their respective directors, officers, employees and agents
from and against any and all claims, actions, suits or proceedings, as well as
any and all losses, liabilities, damages, costs and expenses (including
reasonable attorneys fees) arising out of or accruing from (a) any material
posted or otherwise provided by you that infringes any copyright, trademark,
trade secret, trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity or privacy,
(b) any misrepresentation made by you in connection with your use of the
Service; (c) any non-compliance by you with the terms and conditions of this
Agreement; and (d) claims brought by persons or entities other than the parties
to this Agreement arising from or related to your access and use of the
Service, including the information obtained through the Service.
13. Termination
FXPIPCAPITAL may, in its sole
discretion, terminate your password, account (or any part thereof) or use of
the Service, or remove and discard any Communication transmitted by you, or
information stored, sent, or received via the Service without prior notice and
forany reason, including, but not limited to: (i) concurrent access of the
Service with identical user identification numbers, (ii) permitting another
person or entity to use your user identification number to access the Service,
(iii) any other access or use of the Service except as expressly provided in
this Agreement, (iv) any violation of the terms and conditions of this
Agreement or the rules and regulations relating to the use of, the Materials
and/or Content contained in, or accessed through, the Service,(v) tampering
with or alteration of any of the Materials and/or Content contained in, or
accessed through, the Service, or (vi) failure to use the Service or portion
thereof on a regular basis. Termination, suspension, or cancellation of this
Agreement oryour access rights shall not affect any right or relief to which FXPIPCAPITAL
may be entitled, at law or in equity. Upon termination of this Agreement, all
rights granted to you will automatically terminate and immediately revert to FXPIPCAPITAL
and its licensors.
14. Trademarks
FXPIPCAPITAL, the FXPIPCAPITAL
logo, and the FXPIPCAPITAL bull are trademarks of FX Pip Capital LLC and all
other trademarks, service marks and trade names used on the Service are the
property of their respective owners, and all of the above trademarks may not be
copied, downloaded or otherwise exploited without the permission of FXPIPCAPITAL
or the owner of such trademark, service mark or trade name, except as
explicitly permitted in Section 1 above.
15. Minors
If you have agreed to allow
your minor child, or a child for whom you are legal guardian (a
"Minor"), to use the Service, you agree that you shall be solely
responsible for: (a) the online conduct of such Minor; (b) monitoring such
Minor's access to and use of the Service; and (c) the consequences of any use
of the Service by such Minor. Children under the age of 13 may not register for
any Service hereunder. At various places on the Service, we may ask whether
users are under the age of 18 or 13. FXPIPCAPITAL relies on our users to be
truthful in responding to these questions. If a user does not identify his/her
proper age, we will have no way of verifying actual age with respect to our
privacy policy.
FXPIPCAPITAL is concerned
about the safety and privacy of all its users, particularly children. For this
reason, parents or guardians who wish to allow their children access to the
Site should assist them in selecting appropriate Content and supervise their
access to the Site. Please remember that the Site is designed to appeal to a
broad audience. Accordingly, as your child's legal guardian, it is your
responsibility, not the responsibility of FXPIPCAPITAL, to determine whether
any portion of the Site, or any site linked from the Site, is appropriate for
your child. FXPIPCAPITAL invites parents and guardians to visit the web site of
the Internet Watch Foundation at http://www.iwf.org.uk/ for information and
advice on protecting their children when they are online. Parents and
guardians, please note that parental control protections (such as computer
hardware, software or filtering services) are available that may assist you in
limiting access to material that is harmful to minors.
16. Child Online Protection
Act Notification
Pursuant to 47 U.S.C. Section
230(d) as amended, FXPIPCAPITAL hereby notifies you that parental control
protections (such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access to material that
is harmful to minors. Information identifying current providers of such
protections is available at the America Links Up web
sitehttp://www.netparents.org/parentstips/browsers.html
17. Infringement Policy
FXPIPCAPITAL, pursuant to 17
U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright
Act (the "Act"), reserves the right, but not the obligation, to
terminate your license to use the Service if it determines in its sole and
absolute discretion that you are involved in infringing activity, including
alleged acts of first-time or repeat infringement, regardless of whether the
material or activity is ultimately determined to be infringing. FXPIPCAPITAL
accommodates and does not interfere with standard technical measures used by
copyright owners to protect their materials. In addition, pursuant to 17 U.S.C.
Section 512(c), FXPIPCAPITAL has implemented procedures for receiving written
notification of claimed infringements and for processing such claims in
accordance with the Act. All claims of infringement must be submitted to FXPIPCAPITAL
in a written complaint that complies with the requirements below and is
delivered to our designated agent to receive notification of claimed
infringement: support@fxpipcapital.com
In addition, any written
notice regarding any defamatory or infringing activity, whether of a copyright,
patent, trademark or other proprietary right must include the following
information:
A. A physical or electronic
signature of a person authorized to act on behalf of (1) the owner of an
exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the
copyrighted work claimed to have been infringed, or, if multiple copyrighted
works at a single online site are covered by a single notification, a
representative list of such works at that site. Similarly, for materials that
are defamatory or infringe patent, trademark, or other proprietary rights of a
third party, please submit a list of such materials.
C. Identification of the
material that is claimed to be infringing, to be the subject of infringing
activity, or that is claimed to be defamatory and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material.
D. Information reasonably
sufficient to permit us to contact you, such as your address, telephone number,
and/or electronic mail address.
E. A statement that you have
a good faith belief that use of the material in the manner complained of is not
authorized by the copyright or other proprietary right owner, its agent, or the
law.
F. A statement that the
information in the notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
18. FXPIPCAPITAL's
Proprietary Rights
You acknowledge and agree
that the Service, the Materials, the Content and any necessary software used in
connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that content contained in
sponsor advertisements or information presented to you through the Service or by
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by FXPIPCAPITAL
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service or the Software, in whole or in
part. FXPIPCAPITAL grants you a personal, non-transferableand non-exclusive
right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security
interest in or otherwise transfer any right in the Software. You agree not to
(a) modify the Software in any manner or form, or (b) use modified versions of
the Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the Service by any
means other than through the interface that is provided by FXPIPCAPITAL for use
in accessing the Service.
19. Special Admonitions for
International Use
Recognizing the global nature
of the Internet, you agree to comply with all local rules regarding online conduct
and acceptable content. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
20. Modification to the Terms
of Service
FXPIPCAPITAL reserves the
right, in its sole discretion, to amend this Agreement, and to modify, add or
discontinue any aspect, content, or feature of the Service without notice. The
Service may provide notices of changes to this Agreement or other matters by
displaying notices or links to notices to you generally on the Service. Please
review this Agreement from time to time so that you will be apprised of any
changes. Continued use of the Service by you shall constitute your binding
acceptance of any such amendments, modifications, additions or deletions.
21. Third Party Applications,
Websites and Advertisers
Your access to or use of the
Service may require your use of a media player or other application that is not
provided by FXPIPCAPITAL. Your use of such media player or other application
will be governed by the license agreement accompanying the same, and you
agreeto comply with all of the terms and conditions of such license agreement.
PLEASE NOTE THAT FXPIPCAPITAL IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF SUCH
THIRD PARTY APPLICATIONS.
If the Service provides links
or pointers to other websites, you should not infer or assume that FXPIPCAPITAL
operates, controls, or is otherwise connected with these websites. When you
click on a link within the Service, we will not warn you that you have leftFXPIPCAPITAL.com
and are subject to the terms and conditions (including privacy policies) of the
destination website. In some cases, it may be less obvious than others that you
have left FXPIPCAPITAL.com and reached another website. Please be careful to
read the terms of use and privacy policy of any website before you provide any
confidential information or engage in any transactions. You should not rely on
this Agreement for another website. FXPIPCAPITAL is not responsible for the
content or practices of any website other than the Service, even if it links to
the Service and even if the website is operated by a company affiliated or
otherwise connected with FXPIPCAPITAL. By using the Service, you acknowledge
and agree that FXPIPCAPITAL is not responsible or liable to you for any content
or other materials hosted and served from any website other than the Service.
FXPIPCAPITAL takes no
responsibility for advertisements or any third party material Posted on the
Service, nor does it take any responsibility for the products or services
provided by advertisers. Any dealings you have with advertisers found while
using the Service are between you and the advertiser, and you agree that FXPIPCAPITAL
is not liable for any loss or claim that you may have against an advertiser.
22. Export Control
Although the Service is
accessible worldwide, not all products or services discussed or referenced in,
or made available through, the Service are available to all persons or in all
geographic locations or jurisdictions. In addition, restrictions may apply to
use of products or services obtained in one jurisdiction in other
jurisdictions. Those who choose to access the Service do so on their own
initiative and at their own risk, and are responsible for compliance with their
local laws, if and to the extent such local laws are applicable. FXPIPCAPITAL,
its parent, subsidiary companies, affiliates, suppliers and agents, reserve the
right to limit the availability of the Service and/or the provision of any
product or service to any person, geographic area or jurisdiction we or they so
desire, at any time and in our or their sole discretion.
Material from the Service is
further subject to United States export controls. No Material from the Service
may be downloaded or otherwise exported or re-exported (A) into (or to a
national or resident of) any country to which the U.S. has embargoed goods, or
(B) to anyone on the U.S. Treasury Department list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the
Service, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list.
23. Rules for Message Boards,
Forums, Chat Rooms, Comments & Other User-Supplied Material
Portions of the Service may
provide you and other users an opportunity to submit, post, display, transmit
and/or exchange information, ideas, opinions, photographs, images, video,
creative works or other information, messages, transmissions or material to us,
the Service or others ("Post" or "Postings"). Postings do
not reflect the views of FXPIPCAPITAL, its parent or subsidiary companies, its
affiliates or their respective officers, directors, employees or agents, and FXPIPCAPITAL
does not have any obligation to monitor, edit or screen any Postings, but may
do so in its sole discretion. Notwithstanding anything else in this Agreement, FXPIPCAPITAL
should not be seen as endorsing any Post in any way. FXPIPCAPITAL, its parent
company, and their respective officers, directors, employees, subsidiaries
and/or affiliates shall not be liable for any Posting that is in violation of
this Agreement.
You acknowledge that anything
you submit to the Service by way of any Posting is routed through FXPIPCAPITAL's
servers and the Internet and that, therefore, you have no expectation of
privacy with regard to any such submission. You acknowledge that the Postingand
features on the Service are postings for public and not private communications.
Please keep in mind that whenever you give out personal information online, for
example, via message boards, forums, chat rooms or comments (collectively,
"Forums"), that information can be collected and used by people you
don't know. We cannot guarantee the security of any information you disclose
online; you make such disclosures at your own risk. As set forth in this
Agreement, users of Forums must follow acceptable standards of behavior when
posting messages online. Users under the age of 18 may not submit Postings to
any Forums.
If a Posting originates from
you or your account, you hereby agree not to post any materials that (1)
interfere with anyone else's use of the Service; (2) are abusive, illegal,
defamatory, libelous, indecent, obscene, offensive, or threatening in any way;
(3) encourage anyone to break the law; (4) violate anyone's copyright,
trademark or other property right; (5) interfere with the privacy of any other
user; (6) contain a virus or any other harmful component; or (7) contain false
or misleading statements of fact or descriptions of the origin of the material
or the communication. You agree to comply with any additional terms which are
referred to on the Service or any subsite within the Service.
The Forums provided on the
Service are for the purpose of exchanging views and information about
television programming. FXPIPCAPITAL reserves the right to terminate the
account or suspend the posting privileges of anyone who Posts materials for any
reason whatsoever, in its sole discretion. You are prohibited from posting or
transmitting any defamatory, libelous, obscene, pornographic, profane,
threatening, or unlawful material or any material that constitutes or
encourages conduct that would be considered a criminal offense or give rise to
civil liability, or otherwise violate any law. Although FXPIPCAPITAL may from
time to time monitor or review Forums, bulletin boards, discussions, postings,
transmissions, and the like on the Service, FXPIPCAPITAL is under no obligation
to do so and assumes no liability or responsibility arising from the contents
of any such communications or for any defamation, error, inaccuracy, libel,
obscenity, or profanity contained in any such communication. FXPIPCAPITAL may
change, edit, or remove any user material or conversations that are illegal,
indecent, obscene, or offensive, or that violate FXPIPCAPITAL's policies in any
way. Further, FXPIPCAPITAL reserves the right to remove or edit content from
any Forum at any time and for any reason although we have no duty to do so. FXPIPCAPITAL
will fully cooperate with any law enforcement authorities or court order
requesting or directing FXPIPCAPITAL to disclose the identity of anyone posting
such materials. Posting is for noncommercial purposes only and you may not Post
in any manner which does or is intended to promote or generate revenue for any
business enterprise or commercial activity.
If you submit a posting to
the Forums on the Service, you hereby agree to the following: By submitting a
Posting, you grant FXPIPCAPITAL.com a non-exclusive perpetual worldwide license
to such Posting, and that FXPIPCAPITAL shall have the right to use all or any
portion of such Posting in all media now known or hereafter devised, worldwide,
in perpetuity, as determined by FXPIPCAPITAL in its sole discretion. You
represent and warrant that you are at least 18 years old. You agree at all
times to abide by the Forums' Rules, and acknowledge that failure to do so may
lead to the suspension of your ability to post to the Forums. You should also
specifically review Sections 10, 11 and 24.
24. No Investment Advice.
If you intend to use the
Service or receive or request any news, messages, alerts or other information
from the Service concerning companies, stock quotes, investments or securities,
please read the above Sections 10 and 11 again. They are particularly important
for you. The Service is provided for informational purposes only. You
understand and hereby agree that the Service and FXPIPCAPITAL do not recommend
any security, financial product or instrument, nor does any mention of a
particular security on the Service constitute a recommendation to buy, sell, or
hold that or any other security, financial product or investment discussed
herein. You also understand and acknowledge that neither the Service nor FXPIPCAPITAL
provide tax, legal or investment advice. You further understand and hereby
agree that the Service and FXPIPCAPITAL do not offer or provide any investment
advice or opinion regarding the nature, potential, value, suitability or
profitability of any particular security, portfolio of securities, transaction,
investment strategy or other matter. You hereby agree that any investment
decisions you make will be based solely on your evaluation of your financial
circumstances, investment objectives, risk tolerance, financial condition, and
liquidity needs. FXPIPCAPITAL shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted via the
Service, and shall not be responsible or liable for any trading or investment
decisions made based on such information. Any information provided on the
Service may have been previously disseminated and does not reflect the opinions
of FXPIPCAPITAL or our parent company or affiliates.
25. Miscellaneous
You acknowledge and agree
that the warranty disclaimers and liability and remedy limitations in this
Agreement are material terms of this Agreement and that they have been taken
into account in the decision by FXPIPCAPITAL to provide the Service hereunder.
You may not assign any of your rights, obligations or privileges hereunder
without the prior, written consent of FXPIPCAPITAL. Any assignment of the
foregoing other than as provided for in this section shall be null and void, ab
initio. If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
Agreement, shall be enforced to the fullest extent allowed by law as to effect
the intention of the parties, an
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