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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