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TERMS AND CONDITIONS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS
SITE. By continuing to access or use this site, or any service on this site, you
signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. We reserve the
right to amend, remove, or add to these terms and conditions at any time. Such modifications
shall be effective immediately. Accordingly, please continue to review these terms
and conditions of service whenever accessing or using this site. Your use of the
site, or any service on this site, after the posting of modifications to these terms
and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS
OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and
conditions of service, you may not use the site. Any terms and conditions proposed
by you which are in addition to or which conflict with these terms and conditions
of service are expressly rejected by us and shall be of no force or effect.
USER CONSENT TO TERMS AND CONDITIONS OF SERVICE
You represent that you have read and agree to be bound by the terms and conditions
of service ("TOS") for this Web site.
DESCRIPTION OF SERVICE
FOREXCENTER provides users with access to online resources, communication tools,
online forums, shopping services, and branded programming through its network of
properties (the "Service"). The Service is provided As Is and that FOREXCENTER assumes
no responsibility for the timeliness, deletion, mis-delivery, or failure to store
any communications.
MODIFICATION OF SERVICE
FOREXCENTER reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that FOREXCENTER shall not be liable to you or to any third party for
any modification, suspension, or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
Your business dealings with, or participation in promotions of , advertisers 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 advertiser. You agree that FOREXCENTER
shall not be responsible or liable for any loss or damage of any sort incurred as
a result of such dealings or as a result of the presence of such advertisers on
the Service.
LINKS
The Service may provide, or third parties may provide, links to other world wide
web sites or resources. FOREXCENTER has no control over such sites and resources.
You agree and acknowledge that FOREXCENTER is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on or available
from such sites or resources. You further acknowledge and agree that FOREXCENTER
shall not be responsible or liable, directly, or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
FOREXCENTER, nevertheless, shall make reasonable attempt to verify and validate
the appropriateness of sites and resources.
THIRD PARTY COOKIES
In the course of serving advertisements to this site, our third-party advertiser
may place or recognize a unique cookie on your browser.
INTELLECTUAL PROPERTY
This Web site, including but not limited to text, content, photographs, video, audio
and graphics, and goods (the "Service"), is protected by copyrights, trademarks,
service marks, international treaties, and/or other proprietary rights and laws
of the U.S. and other countries. The Service is also protected as a collective work
or compilation under U.S. copyright and other laws and treaties. All individual
articles, columns and other elements making up the Service are also copyrighted
works. You agree to abide by all applicable copyright and other laws, as well as
any additional copyright notices or restrictions contained in the Service. You acknowledge
that the Service has been developed, compiled, prepared, revised, selected, and
arranged by FOREXCENTER and others (including certain other information sources)
through the application of methods and standards of judgment developed and applied
through the expenditure of substantial time, effort, and money and constitutes valuable
intellectual property and trade secrets (in some cases) of FOREXCENTER and such
others. You agree to protect the proprietary rights of FOREXCENTER and all others
having rights in the Service during and after the term of this agreement and to
comply with all reasonable written requests made by FOREXCENTER or its suppliers
of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual,
statutory, and common law rights in the Service. You agree to notify FOREXCENTER
in writing promptly upon becoming aware of any unauthorized access or use of the
Service by any party or of any claim that the Service infringes upon any copyright,
trademark, or other contractual, statutory, or common law rights. All present and
future rights in and to trade secrets, patents, copyrights, trademarks, service
marks, know-how, and other proprietary rights of any type under the laws of any
governmental authority, domestic or foreign, including rights in and to all applications
and registrations relating to the Service (the "Intellectual Property Rights") shall,
as between you and FOREXCENTER, at all times be and remain the sole and exclusive
property of FOREXCENTER. All present and future rights in and title to the Service
(including the right to exploit the Service and any portions of the Service over
any present or future technology) are reserved to FOREXCENTER for its exclusive
use. Except as specifically permitted by the TOS, you may not copy or make any use
of the Service or any portion thereof. Except as specifically permitted herein,
you shall not use FOREXCENTER's Intellectual Property Rights or the Service, or
the names of any individual participant in, or contributor to, the Service, or any
variations or derivatives thereof, for any purpose, without FOREXCENTER's prior
written approval.
RESTRICTIONS ON USE
YOU MAY NOT USE THE SERVICE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT
WITH THE TOS. YOU AGREE TO USE THE SERVICE SOLELY FOR YOUR OWN NONCOMMERCIAL USE
AND BENEFIT, AND NOT FOR RESALE OR OTHER TRANSFER OR DISPOSITION TO, OR USE BY OR
FOR THE BENEFIT OF, ANY OTHER PERSON OR ENTITY. YOU AGREE NOT TO USE, TRANSFER,
DISTRIBUTE, OR DISPOSE OF ANY INFORMATION CONTAINED IN THE SERVICE IN ANY MANNER
THAT COULD COMPETE WITH THE BUSINESS OF FOREXCENTER. YOU MAY NOT COPY, REPRODUCE,
RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY,
PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY
EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE
SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED
THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION
INCLUDED IN THE SERVICE MAY NOT BE RECIRCULATED, REDISTRIBUTED, OR PUBLISHED BY
YOU WITHOUT FOREXCENTER' S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S
CONTENT WOULD BE A VIOLATION OF FOREXCENTER'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS.
ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT
OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO
BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR
WRITTEN CONSENT OF FOREXCENTER. THE SERVICE AND THE INFORMATION CONTAINED THEREIN
MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED
(IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY
OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICE. YOU
MAY NOT USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED
BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF FOREXCENTER'S TRADEMARKS,
TRADE NAMES, OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH
NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH FOREXCENTER'S
CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF
THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED
THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF FOREXCENTER'S
TRADEMARKS, TRADE NAMES, OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE
SERVICE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS OF SERVICE
SET FORTH ON THE SERVICE.
LICENSE
(i) You acquire absolutely no rights or licenses in or to the Service and materials
contained within the Service other than the limited right to utilize the Service
in accordance with the TOS. Should you choose to download content from the Service,
you must do so in accordance with the TOS. Such download is licensed to you by FOREXCENTER
ONLY for your own personal, noncommercial use in accordance with the TOS and does
not transfer any other rights to you.
(ii) If you submit material to this site or to FOREXCENTER or its representative,
unless FOREXCENTER indicates otherwise, you grant FOREXCENTER, its affiliates, and
representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub-licensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, copy, and display such content throughout the
world in any form, media, or technology now known or hereafter developed. You also
permit any other user to access, store, or reproduce such material for that user's
personal use. You grant FOREXCENTER and its affiliates, representatives, and sub-licensees
the right to use the name that you submit in connection with such content. You represent
and warrant that you own or otherwise control all of the rights to the material
that you submit; that the material you submit is truthful and accurate; that use
of the material you supply does not violate this TOS and will not cause injury to
any person or entity; and that you will indemnify FOREXCENTER and its affiliates
for all claims resulting from material you supply. FOREXCENTER takes no responsibility
and assumes no liability for any material submitted by you or any third party.
FEES ANDD PAYMENTS
FOREXCENTER reserves the right at any time to charge fees for access to portions
of the Service or the Service as a whole. If at any time FOREXCENTER requires a
fee for portions of the Service or the Service as a whole, FOREXCENTER will require
you to register and create an account. In no event will you be charged for access
to portions of the Service or to the Service as a whole unless FOREXCENTER obtains
your prior agreement to pay such charges. You shall pay all fees and charges incurred
through your account at the rates in effect for the billing period in which such
fees and charges are incurred, including but not limited to charges for any products
or services offered for sale through the Service by FOREXCENTER or by any other
vendor or service provider. All fees and charges shall be billed to you, and you
shall be solely responsible for their payment. You shall pay all applicable taxes
relating to the use of the Service through your account, and the purchase of any
other products or services. Certain portions of the Service or the Service as a
whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time
to time in FOREXCENTER's sole discretion. The Prepaid Fee, and all taxes and other
fees related thereto will be paid by you in advance. In no event will you receive
any portions of the Service or the Service as a whole if a Prepaid Fee is required
unless FOREXCENTER receives all fees and charges payable by you, including the Prepaid
Fee.
REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process necessary to obtain access
to certain portions of the Service, including those portions that require a fee
or payment for access, you will select a username and a password. You will provide
FOREXCENTER with certain registration information, all of which must be accurate,
truthful, and updated. You shall not: (i) select a username already used by another
person; (ii) use a username in which another person has rights without such person's
authorization; or (iii) use a username or password that FOREXCENTER, in its sole
discretion, deems offensive or inappropriate. FOREXCENTER reserves the right to
deny creation of your account based on FOREXCENTER's inability to verify the authenticity
of your registration information. You shall be solely responsible for maintaining
the confidentiality of your password. You shall immediately notify FOREXCENTER by
submitting FEEDBACK of any known or suspected unauthorized use(s) of your account,
or any known or suspected breach of security, including loss, theft, or unauthorized
disclosure of your password or credit card information. You are fully responsible
for all usage and activity on your FOREXCENTER account, including, but not limited
to, use of the account by any third party authorized by you to use your username
and password. The use of your account by any individual under age eighteen (18)
is strictly prohibited. If the computer system on which you accessed the Service
is sold or transferred to another party, you warrant and represent that you will
delete all cookies and software files obtained by or through use of the Service.
FOREXCENTER reserves the right to terminate your account, in its sole discretion,
at any time without notice. You may terminate your account at any time by submitting
feedback. Upon termination, you will receive an automated confirmation via e-mail
that the request was received, and your account will be terminated within five (5)
business days. You are responsible for all charges incurred up to the time the account
is terminated. Notwithstanding anything else herein, FOREXCENTER reserves the right
to pursue any and all claims against any user of your account. You agree to maintain
only one account with the Service at any time and you certify that you currently
have no other account(s) with the Service.
DISCLAIMER AND LIMITATION OF LIABILITY
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE
THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED
TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE,"
AND THAT FOREXCENTER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE,
OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
(ii) FOREXCENTER does not warrant that the Service is compatible with your equipment
or that the Service, or e-mail sent by FOREXCENTER or its representative, is free
of errors or viruses, worms or "Trojan horses," or any other harmful, invasive,
or corrupted files, and is not liable for any damage you may suffer as a result
of such destructive features. You agree that FOREXCENTER, its Suppliers and its
third-party agents shall have no responsibility or liability for: (i) any injury
or damages, whether caused by the negligence of FOREXCENTER, its employees, subcontractors,
agents, Suppliers, or otherwise arising in connection with the Service and shall
not be liable for any lost profits, losses, punitive, incidental or consequential
damages, or any claim against FOREXCENTER by any other party; or (ii) any fault,
inaccuracy, omission, delay, or any other failure in the Service caused by your
computer equipment or arising from your use of the Service on such equipment. The
content of other Web sites, services, goods, or advertisements that may be linked
to the Service is not maintained or controlled by FOREXCENTER. FOREXCENTER is therefore
not responsible for the availability, content, or accuracy of other Web sites, services,
or goods that may be linked to, or advertised on, the Service. FOREXCENTER does
not: (a) make any warranty, express or implied, with respect to the use of the links
provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness
or adequacy of any other Web sites, services, goods, or advertisements that may
be linked to the Service; or (c) make any endorsement, express or implied, of any
other Web sites, services, goods, or advertisements that may be linked to the Service.
FOREXCENTER is also not responsible for the reliability or continued availability
of the telephone lines, wireless services, communications media, and equipment you
use to access the Service. You understand that FOREXCENTER and/or third-party contributors
to the Service may choose at any time to inhibit or prohibit their content from
being accessed under the TOS.
(iii) You acknowledge that: (i) the Service is provided for information purposes
only and is not intended for trading purposes; (ii) the Service includes information
taken from stock and other exchanges from around the world, including the New York
Stock Exchange, American Stock Exchange, NASDAQ and other sources; (iii) FOREXCENTER
does not guarantee the sequence, accuracy, completeness, or timeliness of the Service;
(iv) the provision of certain parts of the Service is subject to the terms and conditions
of other agreements to which FOREXCENTER is a party; (v) none of the information
contained on this site constitutes a solicitation, offer, opinion, or recommendation
by FOREXCENTER to buy or sell any security, or to provide legal, tax, accounting,
or investment advice or services regarding the profitability or suitability of any
security or investment; and (vi) the information provided on this site is not intended
for use by, or distribution to, any person or entity in any jurisdiction or country
where such use or distribution would be contrary to law or regulation. Accordingly,
anything to the contrary herein set forth notwithstanding, FOREXCENTER, its officers
and employees, general partner, affiliates, subsidiaries, successors and assigns,
Suppliers and its third-party agents shall not, directly or indirectly, be liable,
in any way, to you or any other person for any: (a) inaccuracies or errors in or
omissions from the Service including, but not limited to, quotes and financial data;
(b) delays, errors, or interruptions in the transmission or delivery of the Service;
or (c) loss or damage arising there from or occasioned thereby, or by any reason
of nonperformance.
(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FOREXCENTER,
ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF FOREXCENTER
HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE
OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION
OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS
OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FOREXCENTER'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY,
FOR ACCESSING THIS SITE.
YOUR AUTHORITY TO AGREE TO THIS TOS
You represent, warrant and covenant that: (i) you have the power and authority to
enter into this agreement; and (ii) you are at least eighteen (18) years old.
INDEMNIFICATION
You agree, at your own expense, to indemnify, defend and hold harmless FOREXCENTER
and its employees, representatives, Suppliers, affiliates, and agents, against any
claim, suit, action, or other proceeding brought against FOREXCENTER, its employees,
representatives, Suppliers, affiliates, and agents, by a third party, to the extent
that such claim, suit, action, or other proceeding brought against FOREXCENTER,
its employees, representatives, Suppliers, affiliates, and agents is based on or
arises in connection with the Service, or any links on the Service, including, but
not limited to: (i) your use or someone using your computer's use of the Service;
(ii) your use or someone using your account, where applicable; (iii) a violation
of the TOS by you or anyone using your computer (or account, where applicable);
(iv) a claim that any use of the Service by you or someone using your computer (or
account, where applicable) infringes any Intellectual Property Right of any third
party, or any right of personality or publicity, is libelous or defamatory, or otherwise
results in injury or damage to any third party; (v) any deletions, additions, insertions
or alterations to, or any unauthorized use of, the Service by you or someone using
your computer (or account, where applicable); (vi) any misrepresentation or breach
of representation or warranty made by you contained herein; or (vii) any breach
of any covenant or agreement to be performed by you hereunder. You agree to pay
any and all costs, damages, and expenses, including, but not limited to, reasonable
attorneys' fees and costs awarded against or otherwise incurred by or in connection
with or arising from any such claim, suit, action, or proceeding attributable to
any such claim. FOREXCENTER reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will fully cooperate with FOREXCENTER in asserting any
available defense. You acknowledge and agree to pay FOREXCENTER's reasonable attorney
fees incurred in connection with any and all lawsuits brought against you by FOREXCENTER
under the TOS and any other terms and conditions of service on this site, including
without limitation, lawsuits arising from your failure to indemnify FOREXCENTER
pursuant to the TOS. You agree to indemnify and hold FOREXCENTER, and its officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand made by any party due to or arising out of content you submit, post to, or
transmit through the Service, your use of the Service or your connection to the
Service.
TERMS OF SERVICE, ENTIRE AGREEMENT
The Terms of Service constitute the entire agreement between you and FOREXCENTER
and govern the use of the Service. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content or
third-party software. The Terms of Service and the relationship between you and
FOREXCENTER shall be governed by the laws of Switzerland. The failure of FOREXCENTER
to exercise or enforce any right or provision of the Terms of Service shall not
constitute a waiver of such right or provision.
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