These Terms and Conditions were last modified May 2013
DAILYFX is pleased to provide you with information, content, tools, products and services on the DAILYFX Sites (the term "DAILYFX Sites" refers to all DAILYFX websites, as well as to their content, including without limitation, products and services such as Analyst on Demand and DailyFX Plus). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of DAILYFX Sites is subject to these Terms and Conditions.
These Terms and Conditions are a binding agreement between you and DAILYFX. Your access to and use of the DAILYFX Sites constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on the DAILYFX Sites. Your use of DAILYFX Sites is governed by the version of the Terms and Conditions in effect on the date each DAILYFX Site is accessed by you.
DAILYFX may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting a DAILYFX Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of the DAILYFX Sites constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by DAILYFX publishing revised Terms and Conditions on the DAILYFX Sites; DAILYFX will not separately notify you of any changes or modifications.
These Terms and Conditions are in addition to any other agreements between you and DAILYFX, including any customer or account agreements, any other agreements, or subscriptions that govern your use of information, content, tools, products and services available on and through the DAILYFX Sites.
- USE OF DAILYFX SITES
- DISTRIBUTION AND RESPONSIBILITY OF VISITORS
- SUBSCRIPTION SERVICES
- LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
- INTELLECTUAL PROPERTY
- VOID WHERE PROHIBITED
- CONTENT AVAILIBILITY
- THIRD PARTY CONTENT AND RESEARCH
- ACCURACY OF INFORMATION
- PROHIBITED USES
- USE OF LINKS
- EXCLUSION OF WARRANTIES
- DISCLAIMER AND LIMITATION OF LIABILITY
- GOVERNING LAW AND JURISDICTION
USE OF DAILYFX SITES
The DAILYFX Sites are intended only for your personal, non-commercial use, unless you and DAILYFX have agreed otherwise in writing.
DISTRIBUTION AND RESPONSIBILITY OF VISITORS
The information on the DAILYFX Sites is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in DAILYFX Sites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to the DAILYFX Sites to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the DAILYFX Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
If utilizing a Daily FX site under a subscription, user names and passwords shall be issued for personal use only. Any other use, including but not limited to distributing user names and passwords to third parties, is grounds for immediate termination. Subscriptions shall be billed monthly with no prorated refunds issued for early cancellations. Cancelations shall take effect on the next monthly billing cycle.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The DAILYFX Sites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal, tax professional or investment advisor regarding your specific situation.
Incidental information: From time to time DAILYFX may, at our discretion, provide incidental information, general advice and recommendation on our own initiative. However, we shall not be under any obligation to provide on-going general advice in relation to the management of your investment unless otherwise agreed between you and us. Where we do provide general trading recommendations, market commentary, guidance or other information:
- it is provided solely to enable you to make your own investment decisions and does not amount to a personal recommendation or to advice;
- we give no representation, warranty or guarantee as to the accuracy or completeness of such information or as to the legal, tax or accountancy consequences of any Transaction;
- where information is in the form of a document containing a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, you agree that you will not pass it on contrary to that restriction;
- DAILYFX does not provide specific investment advice, DAILYFX will not advise on the merits or otherwise of your trades or transactions;
- the decision to place a trade is yours alone. You (and not DAILYFX) are responsible for the effect a trade might have on any account or open positions;
- such information may not be consistent with our proprietary investments if any, or those of our associates, directors, employees or agents.
The DAILYFX Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without DAILYFX's prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any DAILYFX Site.
If you link from another website to an DAILYFX Site, your website, as well as the link itself, may not, without DAILYFX's prior written permission, suggest that DAILYFX endorses, sponsors or is affiliated with any non-DAILYFX website, entity, service or product, and may not make use of any DAILYFX trademarks or service marks other than those contained within the text of the link.
The DAILYFX Sites, excluding third party content, are original works of authorship published by DAILYFX. DAILYFX has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on the DAILYFX Sites are owned by DAILYFX or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
VOID WHERE PROHIBITED
Although the DAILYFX Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on any DAILYFX Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. DAILYFX reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.
DAILYFX reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.
THIRD PARTY CONTENT AND RESEARCH
The DAILYFX Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.
Some of this content may be supplied by companies that are not affiliated with any DAILYFX Entity ("Third Party Content"). The source of all Third Party Content is clearly and prominently identified on DAILYFX Sites.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.
DAILYFX does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
While DAILYFX makes every attempt to provide accurate and timely information to serve the needs of users, neither DAILYFX nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and DAILYFX and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCURACY OF INFORMATION
While DAILYFX has made every effort to ensure the accuracy of the information on the DAILYFX Sites, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. DAILYFX has taken reasonable measures to ensure the accuracy of the information on the Web site. However, DAILYFX does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.
All content on the DAILYFX Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, do not use DAILYFX Sites in any manner that could damage or overburden any DAILYFX server, or any network connected to any DAILYFX server. Do not use DAILYFX Sites in any manner that would interfere with any other party's use of the DAILYFX Sites.
USE OF LINKS
The DAILYFX website may contain links to websites operated by other parties. DAILYFX does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and DAILYFX excludes all liability and responsibility for the content or operation of these third party websites.
EXCLUSION OF WARRANTIES
DAILYFX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE DAILYFX SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE DAILYFX SITES ARE MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND DAILYFX DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
DAILYFX DOES NOT WARRANT THAT THE DAILYFX SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. DAILYFX ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE DAILYFX SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DAILYFX SITES WILL MEET YOUR EXPECTATIONS.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DAILYFX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE DAILYFX SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF DAILYFX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, DAILYFX WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH DAILYFX DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
As a condition of your use of the DAILYFX Sites, you agree to indemnify and hold DAILYFX and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the DAILYFX Sites, or from your violation of these Terms.
It is your obligation to keep DAILYFX accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any DAILYFX Site is made at your own risk. You authorize DAILYFX to rely and act on, and treat as fully authorized and binding upon you, any instruction given to DAILYFX that DAILYFX believes to have been given by you or on your behalf by any agent or intermediary whom DAILYFX believe in good faith to have been duly authorized by you. You acknowledge and agree that DAILYFX shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.
DAILYFX reserves the right to terminate your usage of the DAILYFX Sites at any time, for any reason, with or without cause and without prior notice.
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of New York, without regard to principles of conflicts of law, and shall inure to the benefit of DAILYFX's successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with DAILYFX in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city and county of New York, NY and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent DAILYFX from bringing any action in the courts of any other jurisdiction.