Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND
CONDITIONS ARE SUBJECT TO CHANGE. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE
TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE. IF YOU DO NOT AGREE
WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
Unauthorized use of FXDD's Website and systems including but not limited to unauthorized entry into FXDD's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that FXDD may disclose and transfer any information
that you provide through this Website to (i) any company within the Tradition
group, its affiliates agents or information providers; (ii) to any other
person or entity with your consent; or (iii) if we have a right or duty
to disclose or are permitted or compelled to so disclose such information
by law. You consent to the transmission, transfer or processing of such
information to, or through, any country in the world, as we deem necessary
or appropriate (including to countries outside the EEA), and by using
and providing information through this Website you agree to such transfers.
Use of this Website may be monitored, tracked and recorded. Anyone using
this Website expressly consents to such monitoring, tracking and recording.
Copyright Notices
The works of authorship contained in the www.fxdd.com website (the "Website"), including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by FXDirectDealer, LLC (“FXDD”). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without FXDD 's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of FXDD proprietary rights provided that you may download information and print out hard copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in Information, as downloaded.
Trademark Notices
The hexagon symbol in the FXDD logo is a trademark of Tradition. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.
Web Content and Materials
The information on this Website is for information purposes only. It
is believed to be reliable, but FXDD does not warrant its completeness,
timeliness or accuracy. The information on the Website is not intended
as an offer or solicitation of any security or any financial instrument.
The information and materials contained in this Website - and the terms
and conditions of the access to and use of such information and materials
- are subject to change without notice. Products and services described,
as well as associated fees, charges, interest rates, and balance requirements
may differ among geographic locations. Not all products and services
are offered at all locations.
You agree that (i) you will not engage in any activities related to
the Website that are contrary to applicable law, regulation or the terms
of any agreements you have with FXDD and (ii) in circumstances where
locations of the Website require identification for access, you will
establish commercially reasonable security procedures and controls to
limit access to your password or other identifying information to authorized
individuals.
FXDD or its suppliers may discontinue or make changes in the information,
products, or services described herein at any time without prior notice
to you and without any liability to you. Any dated information is published
as of its date only, and FXDD does not undertake any obligation or responsibility
to update or amend any such information. FXDD reserves the right to terminate
any or all Website information, offerings or transmissions without prior
notice to the user. Furthermore, by offering this Website and information,
products, or services via the Website, no distribution or solicitation
is made by FXDD to any person to use the Website or such information,
products, or services in jurisdictions where the provision of the Website
and such information, products, services is prohibited by law.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed,
limited or slowed due to, among other things:
- hardware failure, including among other things failures of computers
(including your own computer), servers, networks, telecommunication
lines and connections, and other electronic and mechanical equipment;
- software
failure, including among other things, bugs, errors, viruses, configuration
problems, incompatibility of systems, utilities or applications,
the operation of firewalls or screening programs, unreadable codes,
or irregularities within particular documents or other content;
- overload
of system capacities;
- damage caused by severe weather, earthquakes,
wars, insurrection, riots, civil commotion, act of God, accident,
fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption
(whether partial or total) of power supplies or other utility of
service;
- strike or other stoppage (whether partial or total) of labor;
- governmental
or regulatory restrictions, exchange rulings, court or tribunal orders
or other human
intervention; or
- any other cause (whether similar or dissimilar to
any of the foregoing) whatsoever beyond the control of FXDD.
If access to this Website is unavailable, delayed or limited, or if
this Website does not operate quickly and efficiently, you may be
unable to transmit your instructions for transactions and other matters,
or such instructions may not be promptly executed or you may be unable
to retrieve information on a timely basis. If your operations are
dependent on such communications with FXDD, and such communications
are disrupted or delayed, you may suffer losses.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS
OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED
ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE." FXDD
AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS
REGARDING THE WEBSITE. FXDD AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL
WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR
FITNESS FOR A PARTICULAR PURPOSE. FXDD AND THIRD PARTY DATA PROVIDERS
DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION
AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY
FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE,
FXDD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY
IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE,
ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE
USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS
EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FXDD AND ITS AFFILIATES'
CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING
HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING FXDD RESPONSIBILITIES
AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL FXDD BE LIABLE FOR ANY LOST PROFITS, LOST
OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE,
OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE
WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FXDD HAS BEEN APPRISED
OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY, OR OTHERWISE.
Links to Other Sites
Links to non- FXDD Websites are provided solely as pointers to information on topics that may be useful to users of the FXDD Websites, and FXDD has no control over the content on such non- FXDD Websites. If you choose to link to a Website not controlled by FXDD, FXDD makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does FXDD warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. FXDD does not guarantee the authenticity of documents on the Internet. Links to non- FXDD sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.
Legal Entity Disclosure
FXDD and FXDirectDealer, LLC are the marketing names for FXDD.
Governing Law
In the event any of the terms or provisions of these Terms and Conditions
shall be held to be unenforceable, the remaining terms and provisions
shall be unimpaired and the unenforceable term or provision shall be
replaced by such enforceable term or provision as comes closest to the
intention underlying the unenforceable term or provision. These Terms
and Conditions shall be subject to any other agreements you have entered
into with FXDD.
The user's access to and use of the Website, and the terms of this disclaimer
are governed by the laws of the State of New York.
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