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1. Introduction
1.1 Your privacy is important to us. This Privacy Policy discloses the privacy practices for www.fx1.net and applies to information collected through this Website. If you do not agree with any terms of this Privacy Policy, please do not use the Website or the Services provided through this Website (individually and collectively the  “Services”). 
1.2 By accessing any part of the Services, you agree to be bound by and have accepted this Privacy Policy and the Website’s Terms of Use in full. 
1.3 We reserve the right, at our sole discretion, to change this Privacy Policy at any time by posting revised terms. It is your responsibility to check periodically for any changes we may make to the Privacy Policy and your continuing to access the Services indicates your acceptance of any current Privacy Policy.

2. Scope
2.1 This Privacy Policy concerns the collection and use of personal and other specific information that is collected through your access to the Services. We are committed to protecting the privacy of users, and accordingly, we do not collect personally identifying information unless it is provided to us voluntarily and knowingly, and do not share any information with anyone outside of our Company other than described herein. You are under no obligation to provide us with any requested information, but without such information we may not be able to take the action requested.

3. Information Collection and Use
3.1 We may collect personally identifying information to give you access to the Services, to allow registration and for you to place orders, to optimize your experience using the Services, and/or to respond to a request. For such use, you may be required to provide your e-mail address and other personally identifying information (such as your name, phone number or date of birth) as we may deem necessary. When you provide any personally identifying information, you acknowledge that you are knowingly and voluntarily providing us the information, and that all provided information is accurate and up-to-date. 
3.2 We may use your IP address and other related information such as browser type, time zone settings, and operating system in order to grant you access to and otherwise administer the Services. 
3.3 We collect certain usage information about our Services, such as the number and frequency of users and/or users' Internet Protocol (IP) addresses, which are automatically logged by our servers and are used by us and/or our partners to analyze user activity at an aggregate level, such as the number of visits and geographic optimization. This data is used only in the aggregate and does not include any personally identifying information. 
3.4  If you registered through your Google account, the Company may user details provided by the Google Authenticator System or any other third party authentication provider for internal advertisement of Company products.
3.5 If you provide us with information other than personally identifying information, including suggestions about the Services, all such information shall be solely owned by us and may be used, reproduced, modified, distributed and disclosed by us in any manner in our sole discretion, without compensation to you. 

4. Information Sharing
4.1 We do not sell, rent or pass on your personally identifiable information to any third party other than as necessary to provide the Services unless we have your consent or as otherwise set forth herein. All third parties that require such information to provide the Services will agree to use any such information based on our instructions and in compliance with this Privacy Policy. 
4.2 We may use a third party to deal with advertisements on the Services. Our advertising partners will serve ads that it believes are most likely to be of interest to you, based on information related to your use of the Services. This information is anonymous in that it does not include your name, street address, email address or telephone number. In order to do this, we or our advertising partner may need to place a cookie on your computer or device.
4.3 We may use a credit card processing company for billing for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.
4.4 We may provide such information to third parties without your consent if we reasonably believe that access, use, preservation or disclosure of such information is necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request; (b) enforce applicable Terms of Use, including investigation of potential violations; (c) detect, prevent, or otherwise address fraud, security or technical issues; or (d) protect against imminent harm to the rights, property or our safety or the safety of our users or the public as required or permitted by law. 

5. Data Security
5.1 We use a variety of security measures including encryption and authentication to protect the loss, misuse and alteration of your personal information under our control. Registered accounts are secured by your created username and password, and we take precautions to insure that account information is kept private. You are solely responsible for the security of your username and password.
5.2 We use reasonable measures to protect information that is stored within our database, and we restrict access to information to those who need access to perform their job functions, such as our technical staff, and they are instructed that the information is to be used only in adherence with the provisions set forth in this Privacy Policy and applicable laws. 
5.3 Please note that we cannot guarantee the security of account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information. 
5.4 E-mails are not necessarily secure when they are transmitted. If your communication is sensitive or includes highly confidential information, you may want to provide it by post. 

6. Cookies and Web Beacons
6.1 Like many companies, we use "cookie" and/or "web beacon" technology. Cookies may give us such information as your log in details and when you have accessed the Services before. Web Beacons are tags that can monitor the behavior of a user accessing the Services.
6.2 Cookies are used during your connection with the Services to allow you free access to the Services and to use the Services without repeatedly requiring you to re-enter your user name and password. The cookies do not provide us with any way to contact you. 
6.3 While all browsers are different, you may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set. However, you may have to enable cookies from in order to use and access some of the Services.
6.4 Information recorded through web beacons is used to report anonymous individual and/or aggregate information about our users. 

7. Your Access to and Control Over Information
7.1 You may opt out of any future contacts by contacting us via the email address or phone number given on our website or set forth below.
7.2    You also can request to see what data we have about you, if any; change/correct any data we have about you; ask us to delete any data we have about you; or express any concern you have about our use of your data.

8. Miscellaneous
8.1 This Privacy Policy constitutes the entire agreement between you and us with respect to the privacy policy related to the Services. 
8.2 This Privacy Policy shall be governed by and construed in accordance with the laws of the State of Florida applicable therein, without regard to conflict of laws. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Florida in Miami-Dade County in connection with any action arising out of or related to this Privacy Policy. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenience in any such action.
8.3 If any court having competent jurisdiction holds any provision of this Privacy Policy invalid or unenforceable in any respect, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of this Privacy Policy shall continue in full force and effect. 
8.4 No waiver of any provision of this Privacy Policy shall be deemed a further or continuing waiver of such provision or any other provision of this Privacy Policy.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (954) 416 3300 or via email at support@fx1.net.

1. Introduction
1.1 Fx1 Inc. (the “Company”) offers use of www.fx1.net and the information and services available on this Website (individually and collectively the “Services”) on your acceptance of this Terms of Use, our Privacy Policy, and other notices and agreements posted on this Website. 
1.2 Your use of the Services indicates your acknowledgment and agreement with this Terms of Use, our Privacy Policy, and other notices and agreements posted on this Website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use the Services. 
1.3 The Company shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Services following changes to these Terms of Use shall constitute your acceptance of all such changes. 
1.4 THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICES OR ANY FEATURE AT ANY TIME AND IN ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE, WHENEVER THE COMPANY DEEMS THAT YOUR USE IS IN ANY MANNER INAPPROPRIATE OR IN VIOLATION OF APPLICABLE LAWS AND REGULATIONS OR THESE TERMS OF USE.

2. Access to Services
2.1 The Company makes no claims that the Services may be lawfully accessed in any specific country, state, or province. Access to the Services may not be legal by certain persons or in certain countries, states, or provinces or may require government authorization or registration. 
2.2 When you access the Services you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. 

3. Use of Website
3.1 The Company authorizes you to view and access a single copy of the content available on or from www.fx1.net solely for your own use. 
3.2 Users wishing to use the Services may have complete the on-line registration process or access the Services through the Google Authenticator System using their Google name and password.

4. Your Conduct 
4.1 This Website may be used only for lawful purposes.  The Company specifically prohibits any use of the Website, and all users agree not to use the Website, for any purposes other than designated by the Company.
4.2 You are prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 
4.3 You shall not provide any information that is false, defamatory, libelous, hateful, threatening, harassing, racially or ethnically offensive, or encourages anything that would be considered a criminal offense, give rise to civil liability, violate any law or regulation, including but not limited to laws or regulations relating to intellectual property rights, or harm or threaten the safety of any person.
4.4 Inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 
 
5. User Information 
5.1 You are solely responsible for the information that you input or upload to the Website.  The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with these Terms of Use and other Company policies. 
5.2 If you register for the Website, you will be asked to provide the Company with certain information including, without limitation, a valid email address. You warrant and represent that all such information is current and accurate will be kept up-to-date. 
5.3 Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties.  

6. Registration, Username and Password
6.1 When you register for the Services you will be asked to provide certain information including, without limitation, a valid email address. You warrant and represent that all such information is current and accurate and that you have the responsibility to keep all such information up-dated and confidential. 
6.2 You are responsible for maintaining the confidentiality of your username and password, and are responsible for all uses of your username and password, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your username or password.
6.3 You are responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data provided to the Company.

7. Use of Website Services
7.1 The Services are offered only to assist in the development of trading platforms and each user is solely responsible for deciding whether the Services are suitable for their own purposes. The Company offers no express or implied guarantees or warranties regarding the benefits or effectiveness of any Services or that you will find the Services satisfactory, complete, of benefit, or suitable for your own circumstances. You use the Services at your own risk.
7.2 Under no circumstances is the Company providing trading advice or consultation, nor is the Company acting as a broker or trader or making any trading recommendations. You are solely responsible for seeking professional trading or broker advice and consultation if you deem such advice necessary.
7.3 You are responsible for testing the Services and all strategies before actual use and for determining whether any bugs exist in the Services or Software.
7.4 Pursuant to a Master Professional Services Agreement the Company may offer consulting services to certain Users. Unless a User enters into the Master Professional Services Agreement, the Company is not acting under this Agreement as a consultant with regard to any oral or written communication between the Company and User, and all disclaimers and limitations of liability set forth herein are applicable. 

8. Services Software License
AS PART OF THE SERVICE OFFERING YOU WILL BE DOWNLOADING OR HAVING ONLINE ACCESS TO SOFTWARE ON A REMOTE SERVER. IN EACH CIRCUMSTANCE YOU AGREE TO THIS LICENSE TO USE THE SOFTWARE. YOU ARE ACCEPTING THE SOFTWARE “AS IS” AND AGREEING TO BE BOUND BY THE LICENSE AS SET FORTH HEREIN. IF YOU DO NOT ACCEPT THESE LICENSE TERMS DO NOT DOWNLOAD OR ACCESS THE SOFTWARE.
8.1 The Company grants a personal, limited, nonexclusive and nontransferable license that allows you to use the Software, all portions thereof, all documentation, and all updates (individually and collectively the “Software”) through the Services provided by Company only for the purposes of developing a financial trading platform.
8.2 You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial or non-commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not copy, reproduce, transmit, rent, lease, resell, sublicense, assign, distribute or otherwise transfer the Software or this license. 
8.3 This License provides you with limited rights to use the Software.  The Company retains all ownership, right, title and interest in and to the Software, including but not limited to trade secrets, know-how, methodologies and processes, and in all copies and reserves all rights not specifically granted in this License, including but not limited to domestic and international copyrights.
8.4 The Company logos, product names, manuals, documentation, and other support materials are either patented, copyrighted, trademarked, constitute valuable trade secrets or are otherwise proprietary to the Company. You shall not remove or obscure the Company copyright, trademark or other proprietary notices from the Software.
8.5 You agree that the Software, including the specific design and structure, constitute proprietary information, trade secrets and/or copyrighted material of the Company. You agree not to disclose, provide, or otherwise make available such proprietary information, trade secrets or copyrighted material in any form to any third party without the prior written consent of the Company. You agree to implement reasonable security measures to protect such trade secrets and copyrighted material. 
8.6 For purposes herein, “Confidential Information” shall include the Software and all information or material associated with the Software that has or could have commercial value or other utility in the business in which the Company is engaged, whether or not specifically designated as “Confidential”, and whether communicated orally or in writing. 
8.7 Exclusions from Confidential Information. Receiving Party’s obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; or (c) is disclosed by Receiving Party with Disclosing Party’s prior written approval.
8.8 You shall hold and maintain the Confidential Information in strictest confidence and shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. You shall not, without prior written approval of the Company, use for your own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit any Confidential Information. Upon termination of these Terms of Use, you shall destroy all Confidential Information in your possession or remove all Confidential Information from your computer systems.
8.9 NOTWITHSTANDING OTHER LIMITED WARRANTIES SET FORTH HEREIN, THE COMPANY ONLY WARRANTS THAT THE SOFTWARE SUBSTANTIALLY CONFORMS TO ITS PUBLISHED SPECIFICATIONS AND IN NO EVENT DOES THE COMPANY WARRANT THAT THE SOFTWARE IS ERROR FREE OR THAT YOU WILL BE ABLE TO USE OR OPERATE THE SOFTWARE WITHOUT PROBLEMS OR INTERRUPTIONS.  YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF THE COMPANY UNDER THIS LIMITED WARRANTY WILL BE, AT THE COMPANY’S SOLE AND EXCLUSIVE OPTION, TO REPAIR THE SOFTWARE IF REPORTED TO THE COMPANY IMMEDIATELY UPON DISCOVERY OF ANY NONCONFORMITY. THIS WARRANTY DOES NOT APPLY IF THE SOFTWARE (A) HAS BEEN ALTERED BY YOU, (B) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY THE COMPANY, (C) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT, OR (D) IS USED IN ULTRA HAZARDOUS ACTIVITIES. 
8.10 THE SOFTWARE IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, CONDITIONS OR REPRESENTATIONS (OTHER THAN SPECIFIED ABOVE) OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
8.11 THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU FOR THE SERVICES, IF ANY. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 
8.12 The Company shall have the right, in its sole discretion and with reasonable notice posted on the Website and/or sent to your email address, to revise, update, or otherwise modify the Software, including but not limited to the amount of storage space you have on the Software at any time, and the number of times (and the maximum duration for which) you may access the Software in a given period of time. Your continued use of the Software or Services will constitute your acceptance of and agreement to such changes.
8.13 This License and your rights hereunder shall automatically terminate at the time of termination of your use of the Services, if you fail to comply with any provision of this License, if you use the Software for any illegal purpose, or if you make false claims about Software. Upon such termination, or termination according to the terms of this Agreement, you shall cease all use of the Software. Upon termination, you must delete the Software from your computer and destroy all copies of the Software and other materials related to the Software in your possession or under your control.
8.14 You will be notified about new versions and/or updates of the Software. Under such circumstances you may be obligated to update the Software or lose your access to the Software at Company’s sole discretion.
8.15 You acknowledge that this Software may be subject to the U.S. Export Administration Regulations. If applicable, you shall comply with these regulations and you will not export or re-export this Software, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the US government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. 
8.16 Technical support is provided only in Company’s sole discretion.

9. Intellectual Property
9.1 “FX1.NET” and any other Company trademarks and trade names, and any variations thereof, are and shall remain the trademarks and trade names and exclusive property of the Company, and any unauthorized use of such trademarks and trade names is unlawful. 
9.2 The Services (including without limitation all programs, complied binaries, interface layout, interface text, documentation, FX1.NET resources and graphics) is the property of the Company and is protected by copyright, trademark, and other laws of the United States and other countries. 
9.3 You may not sell or modify the Website content or reproduce, display, publicly perform, distribute, or otherwise use the Website content and/or the Services in any way for any purpose. The use of the Website content on any other website or in a networked computer environment for any purpose is prohibited. 

10. Links
10.1 This Website may contain links to other websites and/or advertisements that take a use to another website. The Company is not responsible for the content, Terms of Use, or privacy policies of any such websites. Users are encouraged to be aware of the specific content on the other websites when they leave this Website and to read the applicable Terms of Use and privacy policies.

11. DISCLAIMERS
11.1 THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE AND/OR THE SERVICES WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND/OR THE SERVICES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE AND/OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. 
11.2 THE WEBSITE AND/OR THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11.3 THE TRANSMISSION OF DATA OR INFORMATION (INCLUDING COMMUNICATIONS BY E-MAIL) OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS IS NOT SECURE, AND IS SUBJECT TO POSSIBLE LOSS, INTERCEPTION OR ALTERATION WHILE IN TRANSIT. ACCORDINGLY, THE COMPANY DOES NOT ASSUME ANY LIABILITY FOR ANY DAMAGE YOU MAY EXPERIENCE OR COSTS YOU MAY INCUR AS A RESULT OF ANY TRANSMISSIONS OVER THE INTERNET OR OTHER PUBLICLY ACCESSIBLE NETWORKS, SUCH AS TRANSMISSIONS INVOLVING THE EXCHANGE OF E-MAIL WITH US. WHILE THE COMPANY TAKES COMMERCIALLY REASONABLE EFFORTS TO SAFEGUARD THE PRIVACY OF THE INFORMATION YOU PROVIDE US AND TREAT SUCH INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN NO EVENT WILL THE INFORMATION YOU PROVIDE TO US BE DEEMED TO BE CONFIDENTIAL, CREATE ANY FIDUCIARY OBLIGATIONS TO YOU ON OUR PART, OR RESULT IN ANY LIABILITY TO YOU ON OUR PART IN THE EVENT THAT SUCH INFORMATION IS INADVERTENTLY RELEASED BY US OR ACCESSED BY THIRD PARTIES WITHOUT OUR CONSENT.
11.4 THE COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE AND/OR THE SERVICES, OR THE INFORMATION YOU MAY HAVE ADDED TO THE SOFTWARE, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION.  NOR IS THE COMPANY RESPONSIBLE FOR LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND THE COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL OF THEIR INFORMATION.

12. LIMITATION OF LIABILITY
12.1 IN ADDITION TO ANY LIMITATION OF LIABILITY SET FORTH HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER THE COMPANY OR ANY OF ITS SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE AND/OR THE SERVICES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. 
12.2 THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AMOUNT, IF ANY, PAID FOR THE SERVICES. 

13. DISCLAIMER OF CONSEQUENTIAL DAMAGES
13.1 IN NO EVENT SHALL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND PARTNERS, OR ANY THIRD PARTIES MENTIONED ON OR ARE A PART OF THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

14. YOUR LIABILITY
14.1 IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE OR THE SYSTEMS TRANSMITTING THE WEBSITE TO YOU OR OTHERS YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEES) ARISING FROM THAT DISRUPTION.
 
15. INDEMNITY
15.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FX1.NET, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, ACTION, OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (I) YOUR USE OF THE SERVICES; (II) ANY MATERIAL YOU PROVIDE, (III) ANY SERVICES THAT YOU USE OR (IV) YOUR BREACH OF THE TERMS OF THIS AGREEMENT, THE PRIVACY STATEMENT, AND YOUR REPRESENTATIONS AND WARRANTIES. THE COMPANY SHALL PROVIDE NOTICE TO YOU PROMPTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING AND SHALL ASSIST YOU, AT YOUR EXPENSE, IN DEFENDING ANY SUCH CLAIM, SUIT OR PROCEEDING. THE COMPANY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO IMMEDIATE INDEMNIFICATION BY YOU.

16. Breach of Agreement
16.1 The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination without notice of your registration with, or ability to access, this Website and/or the Services upon any breach by you of these Terms of Use or if the Company is unable to verify or authenticate any information you submit to the Website. 

17. Additional Terms of Use
17.1 The relationship between you and the Company is that of independent contractors, and nothing in this Agreement is intended to create or will be construed as creating a joint ventures, partnership, employer/employee or principal and agent relationship.
17.2 If you are a California resident, you waive California Civil Code d1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
17.3 These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida applicable therein, without regard to conflict of laws and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You irrevocably consent to the exclusive jurisdiction of the courts located in the in the State of Florida in Miami-Dade County in connection with any action arising out of or related to these Term of Use and waive any objection based on lack of personal jurisdiction, place of residence, improper User or forum non-convenience in any such action.
17.4 If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. 
17.5 The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative.
17.6 You consent to the use of electronic means to deliver any notices pursuant to this Agreement and electronic records to store information related to these Terms of Use.
17.7 You may not assign these Terms of Use or any of its rights or obligations hereunder. 
17.8 Except as expressly specified herein, this Agreement shall create rights and obligations only between the Company and each individual user that accepts this Agreement and it does not create any rights for any other parties, including but not limited to creating any rights or any other benefits pursuant to the Contracts (Rights of Third Parties) Act 1999.

Any questions about these Terms of Use may be directed to support@fx.net.

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