Software Agreement Acceptance of Terms
FxSpyder LLC (“FxSpyder”) provides its services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without advanced notice. You are encouraged; therefore, to periodically review the most current version of the TOS at any time located on the FxSpyder.com web site.
When using FxSpyder’s trading platform services, you and FxSpyder shall be subject to any posted guidelines or rules applicable to such services which may be revised from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
DESCRIPTION OF SERVICES
FxSpyder, a software development and Service company, offers an independent, multi-purpose trading platform that accommodates spot and fixed options foreign exchange trading through participating foreign exchange dealer merchants as well as their Introducing brokers and facilitates the transmission, receipt, and independent, third party verification of trading signals.
You are responsible for obtaining access to FxSpyder’s services and that access may involve third party fees, e.g., Internet access and airtime charges. You also acknowledge that you must provide and are responsible for the proper function of all of the hardware required to take advantage of FxSpyder’s services, e.g., computer and modem.
Since FxSpyder does not control signal power, its reception or routing via Internet, configuration of the individual trader’s equipment or reliability of its connection, FxSpyder shall not, therefore, be held liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, caused, directly or indirectly, by any breakdown or failure of any transmission or communication system or computer facility or trading software, whether belonging to FxSpyder, the individual trader, any market, or any settlement or clearing system when you, the individual trader, trades online (via Internet).
As a registered FxSpyder user, you understand and agree that FxSpyder’s services may include the issuance of periodic newsletters and administrative announcements, that these communications are considered part of FxSpyder’s services and that you will not be able to opt out of receiving them while you are an active user.
As a software company, FxSpyder is not, nor does it function as, an Introducing Broker for any participating dealer merchant. Neither does it recommend the services of any particular dealer merchant. The FxSpyder trading platform is supported by the nominal ¼ pip lease fee debited from your FxSpyder account on a trade-by-trade basis. Participating dealer merchants may at their sole discretion credit or rebate an equivalent amount to the account or adjust spreads to offset this expense.
FxSpyder’s liability does not extend to the reliability of the participating dealer’s Application Program Interface (API). FxSpyder, therefore, assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to fxspyder.com or through the FxSpyder trading platform.
References to corporations, their services and products, are provided "as is" without warranty of any kind, either express or implied. In no event shall FxSpyder be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information.
FxSpyder expressly disclaims all warranties of every kind, express and/or implied, as to the leased products (including the information, data and software contained therein), the results obtained by their use, as to the performance thereof and every other matter, including, but not limited to, warranties of merchantability and fitness for a particular purpose.
FxSpyder does not guarantee the adequacy, accuracy, timeliness or completeness of third party services, products or any component thereof. FxSpyder shall not be subject to any damages or liability for any errors, omissions or delays therein. The trading platform and all its components thereof are provided on an “as is” basis.
FxSpyder’s website, fxspyder.com, could include technical or other inaccuracies or typographical errors. Changes are periodically added to the information herein; these changes will be incorporated in new editions of fxspyder.com as well as its trading platform. FxSpyder reserves the right to make improvements and/or changes in the product(s) and services it offers at any time.
This website can be accessed from other countries around the world and may contain references to FxSpyder products and services that have not been announced in your country. These references do not imply that FxSpyder intends to announce such products, services or programs in your country.
Due to market conditions or other circumstances participating dealer merchants may be unable to close out a position at the level specified by individual traders and you agree FxSpyder will bear no liability for their failure or inability to do so.
SIGNAL TRANSMISSION, DELIVERY AND VERIFICATION
FxSpyder’s independent signal transmission, receipt, and verification services are free. If you provide trading advice through FxSpyder and you sell your advisories to subscribers, you retain the entire fee unless otherwise orchestrated.
Using FxSpyder’s signal service platform module, signal providers may transmit and subscribers may receive timely market advisories via an embedded desktop popup window. Signals can be delivered in either demo or live trading mode.
Subscribers are advised that signals provided in demo mode may be misleading. Unlike live trading, executions in demo mode are immediate and liquidity is virtually unlimited and these conditions seldom exist in the world of live trading. Signals provided in demo mode, therefore, are seldom reflective of the results signal providers and subscribers will realize trading a live account.
Delays in order execution are of paramount importance. Trading advisories received via FxSpyder’s proprietary module can be quickly executed with a single click of your mouse. Conversely, the mechanics of executing trading advisories using a separate platform may induce unnecessary and costly delays.
While FxSpyder’s signal services platform component records and publishes signal provider trading results and facilitates the transmission and receipt of trading advisories, the company is not party to any agreement between signal providers and subscribers. It does not, therefore, assume any responsibility for any loss incurred by any subscriber acting upon the advice provided by an enroller provider neither will the company get directly involved in resolving subscriber complaints.
FxSpyder does not claim ownership of the trading advisories you submit. However, with respect to those advisories, you grant FxSpyder a non-exclusive, royalty free license to display such information. Once you publish a trading signal through FxSpyder, FxSpyder shall be allowed to make this information available within its Web site or through any other means, in perpetuity.
Apart from the signals transmitted by a provider, FxSpyder does not control the content delivered to subscribers delivered by signal providers via other means. As a subscriber, you must understand that you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will FxSpyder be liable for errors or omissions in any content delivered by any means other than the FxSpyder signal component.
You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold FxSpyder, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the signals you transmit.
If you offer signals via FxSpyder, you agree that your trading performance will be published and that FxSpyder may at its sole discretion rate your performance in any way it deems fit. You agree, therefore, to hold harmless FxSpyder and its affiliates with regard to these posted results and/or ratings.
If you subscribe to a provider’s trading advisories, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose those signals without the written authorization of the signal provider.
You agree that FxSpyder has no responsibility or liability for the deletion or failure to store signal data. You acknowledge that FxSpyder reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that FxSpyder reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
In consideration of your use of FxSpyder’s services, you agree to: (a) provide true, accurate, current and complete information about yourself using our registration form and (b) maintain and promptly update that information to ensure that it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, out of date or incomplete, or FxSpyder has reasonable grounds to suspect that any of the information you have provided is untrue, inaccurate, out of date or incomplete, FxSpyder reserves the right to suspend or terminate your account and refuse any and all current or future use of our services.
With the exception to the information required to open a trading account, FxSpyder does not wish to receive confidential or proprietary information from you or about you. Any non-personal information or materials sent to FxSpyder will be deemed NOT to be confidential. Therefore, by sending FxSpyder any non-personal information or material, you grant FxSpyder an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FxSpyder is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
USER ACCOUNT, USERNAME, PASSWORD AND SECURITY
Once you have completed our online registration form, you will receive a username, password and account number. You are responsible for maintaining the confidentiality of that information and are fully responsible for all activities related to your assigned account. Should you suspect that your account information has been compromised, you agree to (a) immediately notify FxSpyder of any suspected unauthorized use and (b) ensure that you exit from your account at the end of each session. FxSpyder cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
MODIFICATIONS TO SERVICE
FxSpyder reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its services (or any part thereof) with or without notice. You agree that FxSpyder shall not be liable to you or to any third party for any modification, suspension or discontinuance of one or more of its services.
You agree that FxSpyder may, under certain circumstances and without prior notice, immediately terminate your FxSpyder account and access to its services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
FxSpyder may provide links to other World Wide Web sites or resources. Because FxSpyder has no control over such sites and resources, you acknowledge and agree that FxSpyder is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FxSpyder shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
FXSPYDER 'S PROPRIETARY RIGHTS
You acknowledge and agree that FxSpyder’s services and any necessary software used in connection with those services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through those services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by FxSpyder or enrolled signal providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any of these services or the material published through these services, in whole or in part.
You agree not to access FxSpyder by any means other than through the interface that is provided by FxSpyder for use in accessing its services.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF ONE OR MORE OF FXSPYDER ’S SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FXSPYDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- FXSPYDER MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF ANY SIGNAL SERVICE WILL BE PROFITABLE, (iv) THE QUALITY OF THE SIGNALS PURCHASED WILL MEET YOUR EXPECTATIONS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FXSPYDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FXSPYDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FXSPYDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
TRADING ADVISORY ADMONITION
FxSpyder’s signal services are provided for informational purposes only, and no Content included in the Service is intended to be the sole or primary means of making decisions for trading or investing purposes. FxSpyder shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
FxSpyder is a trademark of FxSpyder, LLC. Without FxSpyder’s prior permission, you agree not to display or use the FxSpyder mark. The trademarks, logos and service marks ("Marks") displayed on Fxspyder.com and its trading platform are the property of FxSpyder or other third parties. You are not permitted to use the Marks without the prior written consent of FxSpyder or such third party which may own those Marks.
FxSpyder respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please alert FxSpyder about this. Any disputes arising out of or related to the FxSpyder website shall be governed by, and construed and enforced in accordance with International Copyright Law.
The TOS constitute an agreement between you and FxSpyder and govern your use of the Service, superseding any prior agreements between you and FxSpyder . You also may be subject to additional terms and conditions that may apply when you use third-party content.
The TOS and the relationship between you and FxSpyder shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and FxSpyder agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Leon, Florida. The failure of FxSpyder to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within 30 days after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
USE OF WEBSITE INFORMATION
Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:
The document may be used solely for personal, non-commercial purposes; The document may not be modified or altered in any way; Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and FxSpyder reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from FxSpyder. Documents specified above do not include the design or layout of the website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
Please report any violations of the TOS to us.
FxSpyder makes available information, materials, and products on this website, subject to the following terms and conditions. By accessing this site, you agree to the terms and conditions as outlined in this legal notice. FxSpyder reserves the right to change these terms and conditions from time to time at its sole discretion.
Except as specifically permitted herein, no portion of the information on Fxspyder.com may be reproduced in any form or by any means without the prior written permission from FxSpyder.
The information on Fxspyder.com is protected by copyright:
© Copyright 2004 - 2017 FxSpyder. All rights reserved.