Your purchase and usage of the FTA product serves as your acknowledgement and representation that you have read and understood these TERMS OF USE and that you agree to be bound by such TERMS OF USE ("Agreement"). You understand and agree to accept that this agreement is legally, the same as manually signing this agreement. FTA reserves the right upon notice to you, to change or terminate this agreement. You agree that your use of FTA after notice of change to this agreement, or if you do not close your work with FTA 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 the FTA software is an automated trading system. Trades are conducted automatically on your behalf and therefore do not require human intervention. FTA developers shall assume no responsibility for investment choices or determinations. You shall not hold FTA or any of its team, employees or affiliates liable for investment decisions. The team cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that FTA does not give any legal or tax advice. The FTA team are not liable for any damages or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from the use of FTA. 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 purchase. 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.
FTA is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this site and the FTA software and manuals. All materials on www.forextradingacademy.in, including but not limited to images, software and text, are protected by copyright laws. You shall not use the materials, except as specified herein. You agree to follow the instructions on www.forextradingacademy.in, limiting the use of the materials. Any unauthorized use of the materials on www.forextradingacademy.inmay violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
FTA reserves the right to refuse any purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase. FTA further reserves the right to change its charges any time by posting a modified schedule of pricing and rates on the FTA website. All charges are refundable during the first 7 days from the date of purchase. Following 7 days from the date of purchase, no refunds will be made. You may need to contact the purchase provider regarding any requests for refunds within 7 days of the date of your purchase.
The FTA team makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the websites content or its compliance with such local laws. You understand that the FTA site is the only means of accessing the FTA automated trading software. You agree that FTA shall not be liable for any losses or damages you incur as a result of the unavailability of the FTA website from foreign countries.
This agreement will be effective only upon our approval of your purchase. FTA reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any FTA purchase. The FTA team further reserves the right to reject a FTA purchase for any reason.
FTA may terminate any or all of the services rendered under this agreement at any time and for any reason. You agree to reimburse FTA for any collection costs relating to any unsecured debit balance in your purchase, including attorney's fees, court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in collaboration with others, including situations in which you have allowed third parties to use your purchase of the FTA automated trading software in any such manner, FTA shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate FTA for the time and effort of the FTA team in rectifying the said conduct.
You agree that your use of the FTA Automated Trading Software will be licensed only to (1) your own personal MetaTrader 4 demo and/or live live trading account. You accept that a license will be processed only once the FTA team have received your license request.
You agree that FTA 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 FTA 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 any other reasons.
Additionally, you understand that the FTA website is the primary means of processing your FTA purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, FTA would not be liable for any losses or damages you might suffer as a result of such delays.
By purchasing FTA and agreeing to these terms of use, you agree to receive all communications from the FTA team via the World Wide Web or e-mail. This will include, but not necessarily be limited to, confirmations of transactions, purchase statements, financial statements, notices of modifications to FTA software or FTA terms of use, and other basic communications. Communications sent to your e-mail address or provided through the web site must be retrieved and read promptly. All communications sent by the FTA team by any means will be deemed to have been received by you. You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise FTA promptly of any errors or omissions in any transaction or in the handling of your purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you.
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 party's 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 unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. The panel of arbitrators may 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 FTA and/or any of its members, officers, directors, employees. 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.
FTA reserves the right to pursue legal action against you through the state and federal courts or other appropriate jurisdiction in the event FTA determines that you have committed fraud or other crimes against FTA and/or third parties involving the funding of, transactions in, or withdrawals from your purchase(s) with FTA. 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 pre-dispute 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.
These terms of use constitute the entire agreement with respect to your access to and use of the FTA website and product. If any provision of these terms of use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
This agreement will pass to the benefit of the FTA team successors, assigns and agents. FTA may assign its rights and duties under this agreement to any of its successors, subsidiaries or affiliates without giving you any prior 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 FTA.
To the extent permitted by law, FTA 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 purchase. FTA 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).
FTA shall have no liability for and you agree to reimburse, indemnify and hold FTA, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling FTA harmless from all expenses (including legal expenses and reasonable attorney's fees), Losses or damages that result from: (a) your or your agents' misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) FTA following your or your agent's 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 FTA to perform any obligations to you, and (e) your failure to provide accurate information on your FTA purchase application or to update that information as required.
