1. Definitions

FXEDU.com is an interactive on-line service owned and operated by FXEDU, LLC, consisting of information services, educational services, content provided by analysts, and message boards. The website, FXEDU, LLC, its members, directors, parent company, subsidiary and affiliates shall be collectively referred to in this TOS as “FXEDU.”

2. General

(A) You represent that you have read and agree to be bound by the TOS. The right to use FXEDU is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account under any screen name(s) or password(s) (“Account”) and for ensuring that all use fully complies with the provisions of the TOS. You shall be responsible for protecting the confidentiality of your password(s).

(B) FXEDU shall have the right at any time to change or discontinue any aspect or feature of FXEDU, including, but not limited to, content, hours of availability, equipment needed for access or use, imposing new conditions, and changing/adding fees or charges for use. FXEDU reserves the right to charge fees and to change these fees at any time, for access to the website or portions of the website, including but not limited to text, educational courses, educational material, content, photographs, video, audio, and goods (the “Service”). Any such fees and charges shall be billed to you, and you shall be solely responsible for their timely payment and any taxes, as applicable. Any above detailed modification to the Service shall become effective immediately upon notice thereof, which may be by posting on the FXEDU platform or by any other electronic means. Any use of FXEDU by you after such modifications shall be deemed to constitute acceptance by you of such modifications.

(C) FXEDU reserves the right to, without notice, limit or terminate your access to any of the Services at any time, without a refund of any fees paid for access to the Service, for any violation of the TOS, illegal conduct, inappropriate behavior, failure to comply with FXEDU’s requests, copyright or trademark violation, or if FXEDU reasonably believes any of the above may occur.

3. Intellectual Property

FXEDU and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. All individual courses, content, articles, and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by FXEDU and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of FXEDU and such others. You agree to protect the proprietary rights of FXEDU and all others having rights in the Service during and after the term of the TOS and to comply with all reasonable written requests made by FXEDU or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others' contractual, statutory, and common law rights in the Service. You agree to notify FXEDU in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and FXEDU, at all times be and remain the sole and exclusive property of FXEDU. Except as specifically permitted by the TOS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without FXEDU’s prior written approval.

4. Equipment

You shall be responsible for obtaining and maintaining all telephone lines, wireless services, communications media, and equipment you use to access and use FXEDU and all charges related thereto.

5. Restrictions on Use

(A) You may not use the service for any illegal purpose or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale, transmission, distribution or use by any other person or entity. You agree not to use, transfer, or distribute any information contained in the Service in any manner that could compete with the business of FXEDU or any of it Suppliers. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the service. You may not circulate, redistribute, or publish the educational material, course work, presentation, and/or analysis included in the Service without FXEDU’s prior written consent. Modifications of the Services’ content would be a violation of the copyrights and other proprietary rights of FXEDU or is affiliates.

(B) You shall use FXEDU for lawful purposes only. You shall not post or transmit through FXEDU any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FXEDU's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in FXEDU's discretion restricts or inhibits any other from using or enjoying FXEDU will not be permitted. You shall not use FXEDU to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with FXEDU.

(C) You shall not upload, post or otherwise make available on FXEDU any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of FXEDU, you automatically grant, or warrant that the owner of such material has expressly granted FXEDU the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user to access, view, store, or reproduce the material for that user's personal use. You hereby grant FXEDU the right to edit, copy, publish and distribute any material made available on FXEDU by you.

7. Disclaimer and Limitation of Liability

(A) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL MATERIAL, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT FXEDU MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NOR DOES FXEDU MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FXEDU, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FXEDU.

(B) You agree that FXEDU and its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of FXEDU, its parent, or their respective affiliates, suppliers, agents, directors, officers, employees, representatives, managing members, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against FXEDU by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other websites, services, goods, or advertisements that may be linked to the Service is not maintained or controlled by FXEDU. FXEDU is therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Service. FXEDU does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Service. FXEDU is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that FXEDU and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TOS.

(C) PRIOR TO THE EXECUTION OF ANY TRADE OR INVESTMENT IN ANY FINANCIAL PRODUCT, YOU ARE ADVISED TO CONSULT WITH YOUR FINANCIAL REPRESENTATIVE TO VERIFY SUITABILITY, PRICING, AND/OR OTHER INFORMATION. FXEDU, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED.

(D) You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes; the Service may include certain information taken from stock exchanges and other sources from around the world; FXEDU does not guarantee the sequence, accuracy, completeness, or timeliness of the Service; none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by FXEDU to buy or sell any financial product, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any financial product or investment; and the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.

(E) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL FXEDU, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF FXEDU HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TOS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL FXEDU'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

8. Authority

You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

9. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless FXEDU, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) use by someone using your Account; (iii) a violation of the TOS by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or Account, where applicable) infringes upon any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or Account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. FXEDU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FXEDU in asserting any available defense. You acknowledge and agree to pay FXEDU's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by FXEDU under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify FXEDU pursuant to the TOS.

10. Termination

You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. You agree that, without notice, FXEDU may terminate the TOS, or suspend your access to the Service, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from FXEDU if you, in FXEDU’s sole discretion, fail to comply with any provision of the TOS. FXEDU shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the TOS by you or FXEDU, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

11. Governing Law

The TOS shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TOS.

12. Copyright Agent

The designated agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is:

FX EDU, LLC
Attention: Compliance Dept.
32 Old Slip, 10th Fl.
NY, NY 10005
orders@fxedu.com

13. No Waiver

You agree that if FXEDU does not exercise or enforce any legal right or remedy which is contained in the TOS (or which FXEDU has the benefit of under any applicable law), this will not be taken to be a formal waiver of FXEDU’s rights. Furthermore, no waiver of any legal right or remedy will be valid unless expressly waived in writing and signed by an authorized representative of FXEDU.

LAST UPDATED: September 24, 2008