EULA - End User License Agreement
Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Dont trade with money you cant afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
No representation is being made that any account will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between hypothetical performance results and the actual results subsequently achieved by any particular trading program. Hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading.
All information on this website or purchased from this website is for educational purposes only and is not intended to provide financial advise. Any statements about profits or income, expressed or implied, does not represent a guarantee. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold www.currencycyborg.com and any authorized distributors of this information harmless in any and all ways.
1.2 TERMS AND CONDITIONS
You understand and agree to accept this Agreement is, legally, the same as manually signing this Agreement. CurrencyCyborg© reserves the right, upon notice to you, to change or terminate this Agreement. You agree that your use of CurrencyCyborg© after notice of change to this Agreement, or if you do not close your work with Currency Cyborg within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.
As an independent and self-directed investor, you acknowledge that you, alone, shall be responsible for determining the suitability of your investment choices and investment strategies, and you understand that CurrencyCyborg© is an automated trading system. The CurrencyCyborg© Team (Staff) provides technical assistance and support for CurrencyCyborg© subscribers. Trades are done automatically and, thus, do not require human intervention. www.currencycyborg.com Staff shall assume no responsibility for investment choices or determinations. You shall not hold CurrencyCyborg© or any of its employees or affiliates or the Staff liable for investment decisions. The Staff cannot advise you nor comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that CurrencyCyborg© does not give legal or tax advice. CurrencyCyborg© and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of CurrencyCyborg©. Additionally, you agree that no fiduciary relationship is formed and no fiduciary duty is owed to either party of this Agreement, by virtue of your subscription. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this agreement and be bound thereby.
The CurrencyCyborg is for your personal use only. You shall not distribute, exchange, modify, sell, or transmit anything from this Site. CurrencyCyborg© grants you a non-exclusive, non-transferable, limited subscription to use the CurrencyCyborg© service, as long as you comply with these Terms & Conditions of Use.
All materials on CurrencyCyborg©, including but not limited to audio, images, software, text, and video clips, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on CurrencyCyborg©, limiting the use of the materials. Any unauthorized use of the materials on CurrencyCyborg© may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
CurrencyCyborg© reserves the right to refuse any Subscription at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your Subscription. CurrencyCyborg© further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the the CurrencyCyborg© Web site.
Subscription Charges - All Subscription charges are non-refundable, purchase and or subscriptions are final.
CurrencyCyborg© makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web sites content or its compliance with such local laws. You understand that the CurrencyCyborg©-site is the only means of accessing your Currency Cyborg Subscription. You agree that CurrencyCyborg© shall not be liable for any losses or damages you incur as a result of the unavailability of The CurrencyCyborg© Web site from foreign countries.
This Agreement will be effective only upon our approval of your Subscription. CurrencyCyborg© reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any CurrencyCyborg© Subscription. CurrencyCyborg© further reserves the right to reject a Subscription Application for any reason.
CurrencyCyborg© may terminate any or all services rendered under this Agreement at any time and for any reason. The Subscription holder may close his or her Subscription at any time. Upon termination, you will remain liable for any deficiencies or debit balances in the Subscription. You agree to reimburse CurrencyCyborg© for any collection costs relating to any unsecured debit balance in your Subscription, including attorneys fees, court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in concert with others, involving, among other things, use of counterfeit checks, checks drawn on closed or non-existent Subscriptions, checks stolen from third parties, unauthorized electronic funds transfers from bank Subscriptions belonging to others, attempted electronic transfers from non-existent Subscriptions or similar illegal or improper conduct involving Subscription funding or withdrawals, and including situations in which you have allowed third parties to use your Subscription in any such manner, CurrencyCyborg© shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $500.000 fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate CurrencyCyborg© for the time and effort of CurrencyCyborgs employees in rectifying said conduct.
You agree that CurrencyCyborg© will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorized access or operator errors.
You agree that CurrencyCyborg© will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for other reasons.
Additionally, you understand that the CurrencyCyborg© Website is the primary means of processing your CurrencyCyborg Subscription and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your Subscription could be delayed. In the event of a significant outage, CurrencyCyborg© would not be liable for any losses or damages you might suffer as a result of such delays.
CurrencyCyborg© reserves the right to record telephone calls to monitor the quality of service you receive or for other purposes www.CurrencyCyborg.com deems appropriate for its protection or for the protection of its customers.
2.1 PREDISPUTE ARBITRATION CLAUSE DISCLOSURES :
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY, EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN WHICH A CLAIM IS FILED. ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTYS ABILITY TO HAVE A COURT REVERSE OR MODIFY AN ARBITRATION AWARD IS VERY LIMITED. THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN ARBITRATION THAN IN COURT PROCEEDINGS. THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR AWARD. THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES INDUSTRY. THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT. THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED, AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS AGREEMENT. SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AGREE TO SUBMIT TO ARBITRATION ANY DISPUTE BETWEEN YOU AND CurrencyCyborg© AND/OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS RELATING TO YOUR BROKERAGE SUBSCRIPTION(S). ANY ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED UNDER THE ARBITRATION RULES OF THE FINANCIAL INDUSTRY REGULATORY AUTHORITY. ARBITRATION MAY BE INITIATED BY EITHER OF US SERVING WRITTEN NOTICE ON THE OTHER. THE ARBITRATORS RULING WILL BE FINAL AND JUDGMENT ON IT MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
CurrencyCyborg© RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST YOU THROUGH THE STATE AND FEDERAL COURTS OF ILLINOIS OR OTHER APPROPRIATE JURISDICTION IN THE EVENT CurrencyCyborg© DETERMINES YOU HAVE COMMITTED FRAUD OR OTHER CRIMES AGAINST CurrencyCyborg© AND/OR THIRD PARTIES INVOLVING THE FUNDING OF, TRANSACTIONS IN, OR WITHDRAWALS FROM YOUR SUBSCRIPTION(S) WITH CurrencyCyborg©. IN SUCH CASES, YOU SHALL BE DEEMED BY THIS AGREEMENT TO HAVE ACCEPTED.
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO ARBITRATION, NOR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS ACTION WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS DECERTIFIED, OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.
This Agreement will pass to the benefit of CurrencyCyborg©s successors, assigns and agents. CurrencyCyborg© may assign its rights and duties under this Agreement to any of its successors, subsidiaries or affiliates without giving you notice, or to any other entity on prior written notice to you. In addition, you agree that this Agreement and all terms hereof, will be binding on your heirs executors, administrators and personal representatives and any assigns permitted by CurrencyCyborg©.
To the extent permitted by law, CurrencyCyborg© shall not be liable for any expenses, losses, damages, liabilities, demands, charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relating to investigating or defending any demands, charges and claims) ("Losses") by or with respect to the Subscription, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from CurrencyCyborg©s gross negligence or willful misconduct and without limiting the generality of the foregoing, CurrencyCyborg© will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
CurrencyCyborg© shall have no liability for and you agree to reimburse, indemnify and hold CurrencyCyborg©, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling CurrencyCyborg© harmless from all expenses (including legal expenses and reasonable attorneys fees), Losses or damages that result from: (a) your or your agents misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) CurrencyCyborg© s following your or your agents directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or Custodian, (d) the failure by any person not controlled by CurrencyCyborg© to perform any obligations to you, and (e) your failure to provide accurate information on your www.currencycyborg.com Subscription Application or to update that information as required.
3.1 Waiver, Modifications and Amendments
You agree that CurrencyCyborg© may change the terms of this Agreement by giving you notice of the new terms. You agree that your use of CurrencyCyborg© Service after notice of change to this Agreement, or if you do not close your CurrencyCyborg© Subscription within fifteen (15) calendar days of such notice, means that you accept the changes. Changes required by law, however, will be effective immediately. Except as specifically permitted in this Agreement, no provision of this Agreement will be deemed waived, altered, modified or amended unless agreed to in writing by CurrencyCyborg©. CurrencyCyborg©s failure to insist on strict compliance with this Agreement or any other course of conduct on our party will not be deemed a waiver of CurrencyCyborg© s rights under this Agreement.
The heading of each Section hereof is for descriptive purposes only and shall not be (a) deemed to modify or qualify any of the rights or obligations set forth herein or (b) used to construe or interpret any of the provisions hereunder.
Counterparts This Agreement may be executed in any number of counterparts by you, each of which will constitute an original and all of which, when taken together, will constitute one and the same instrument.
If you have any questions that this agreement does not address, please contact a Client Services representative.