Acceptance of Terms of Use

Please read these terms of use (“Terms”) carefully. These Terms govern your access to and use of the products and services of FXLabsPlus Technologies LLC and/or any subsidiaries, affiliates or related companies of FXLabsPlus Technologies LLC (“FXLabsPlus Technologies LLC.”, “We”, “Us”, “Our”) including, without limitation, any applications of FXLabsPlus Technologies LLC (including the FXGizmo Box, Currency Heatwave, Indices Heatwave and other applications and any related services including notifications (collectively, the “Services”) and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the “Content”). By accessing or using our Services or Content, you agree to be bound by these Terms and conclude a legally binding contract with us. If you do not agree to these Terms, please do not download, access or use our Services.

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify or update these Terms at any time and all changes will become immediately effective upon posting. Your continued access to or use of our Services after such changes have been posted shall bind you to such changes and the amended Terms. It is your sole responsibility to check these Terms regularly for changes. If you do not agree to the amended Terms, please do not continue to access or use our Services.

Registration

You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian, and if you are registering for the Services for and on behalf on an entity, that you are authorized to enter into and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity. Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.

Access to Services

In order to access any Services offered by us, you must register for an account on the FXGizmo Box , Currency Heatwave, Indices Heatwave and other applications (“Account”) subject to the registration criteria herein. Upon registration, you will receive a unique identifier Email which shall be assigned exclusively to your Account in order for you to access and use such Services, where applicable, and it shall be your sole responsibility for safeguarding and maintaining the confidentiality of your unique identifier Email.

Intellectual Property and Limitations on Use

All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of FXLabsPlus Technologies LLC and its applications (as case may be).You may not use the Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the Service unless with our consent. We hereby grant you a personal, limited, worldwide, royalty-free, non assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Services or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Services or Content other than for their intended purposes.

User Conduct

You agree not to, and will not assist, encourage, or enable others to:disrupt, hinder, abuse or interfere with the security and operations of the Services;transmit through the Services any spam, viruses, bugs or other harmful, disruptive, or destructive files;attempt to obtain unauthorized access to any part of the Services which is restricted from general access;use the Services for any purpose that is illegal, unauthorized or beyond the scope of their intended use;impersonate, bully, stalk or harm any person or entity including the other users of the Services or any of our staff or representatives;falsely imply that a product or service is associated with us or our Services; use domain names or web URLs in your emails without our prior written permission; and violate these Terms or any laws, rules and regulations applicable to your access to or use of the Services and the Content. In the event that you violate any of these Terms or otherwise create risk or possible legal exposure for us, we may, at our sole discretion and in addition to our other rights and remedies, terminate your Account with us and stop providing the Services (or any part thereof) to you. You further agree and acknowledge that the Services are always evolving and that the form, nature, features, availability and limits on the use of the Services may change from time to time without prior notice to you.

Privacy

Any personal information that you provide to us through our Services is subject to our Privacy Policy www.fxlabsplus.com/privacy-policy/which is incorporated into these Terms by reference. Our Privacy Policy governs our collection and use of such information in connection with the Services. By accessing and using the Services, you agree to be bound by the terms of our Privacy Policy.

Disclaimer of Warranties and Liability

The Content made available through the Services are provided and made available for general information purposes only. It is not intended as investment or financial advice and must not be relied upon as such. FXLabsPlus Technologies LLC and its applications, its Data Providers are not giving or purporting to give or representing or holding ourselves out as giving personalized financial, investment, tax, legal or other professional advice. You shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions. No such Content provided through the Services is to be construed as an offer, solicitation or recommendation to any person or class of person to buy any of the securities or class of securities referred to in the Services. FXLabsPlus Technologies LLC and its applications accepts no liability for any loss or damage arising out of the use of the Content through the Services. The Content may include inaccuracies or errors and FXLabsPlus Technologies LLC and its applications and its Data Providers reserve the right to periodically make changes to the information or data provided. The Services and Content are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not guarantee, represent or warrant and hereby disclaim all representations, warranties and conditions, whether express or implied, as to the quality, accuracy, correctness, reliability, timeliness, non-infringement, safety or security, title, merchantability or fitness for any particular purpose of the Services or Content.
Insofar as permitted by law, we disclaim all warranties, representations and obligations of any type, express or implied, including any warranty of merchantability or satisfactory quality, any warranty of fitness for a particular purpose, any warranty of continuous services at any particular time, or integrity of data stored or transmitted via the Services, any representation of any kind that this website will be accessible to any particular standard or be free from any bugs, errors or remain unaffected by viruses or other similar features affecting the performance of the Services, and further disclaim any and all liability for negligence and lack of reasonable care. We shall not be liable for any indirect, incidental, special, consequential loss or damage, including but not limited to exemplary or punitive damages, or any loss of business, profits or revenues, whether incurred directly or indirectly, or business interruption, or reputational harm, or any loss of information, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services including any Content; (b) the provision of the Services including any Content; or (c) the conduct, actions or omissions of the users of the Services or any businesses, advertisers or other third parties listed or featured on the Services, even if we have been advised of the possibility of such damages. However, nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services. You understand and agree that your access to or use of our Services is predicated upon your waiver of any right to sue us directly or to participate in a class action suit or class-wide arbitration for any loss or damage resulting from your access to or use of our Services.

Indemnity

Without prejudice to any of our other rights and remedies, you agree to indemnify, defend and hold us harmless from and against all losses, damages, claims, charges, expenses and costs (including legal costs on a full indemnity basis) sustained, incurred or suffered by us in relation to or arising out of (a) your access to or use of the Services including any Content; (b) any breach or violation of any of these Terms by you; and/or (c) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

Termination

We reserve the right, at our sole discretion and without notice, to forthwith terminate, suspend, ban, block or prevent your access to or use of the Services (or any part thereof) at any time for any reason whatsoever. Such right shall be without prejudice to any of our other rights and remedies. You may terminate your Account and discontinue your access to or use of the Services at any time. All provisions of these Terms which by their nature are intended to survive termination shall remain in full force and effect following the termination of these Terms including, without limitation, the provisions relating to ownership rights, disclaimer of warranties and liability, indemnity, governing law and dispute resolution.

General Terms

In case any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these Terms. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to these Terms shall constitute a waiver by us of that or any other right, power or remedy. These Terms constitute the entire agreement and understanding between you and us in connection with the Services and supersede all prior oral or written communications, representations or agreements between you and us in relation to the subject matter of these Terms. Any third party shall not be entitled to enforce any provisions of these Terms which may confer a benefit on that third party.

DISCLAIMER

Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.