Terms Of Use

AGREEMENT BETWEEN USER AND FX Initiative, LLC

Welcome to FX Initiative, LLC's Web sites, www.FXInitiative.com and www.FXCPE.com (the “Site"). The FX Initiative, LLC Web Site (the “Site") is comprised of various Web pages operated by FX Initiative, LLC. For all purposes hereunder, the term "FX Initiative, LLC" shall include FX Initiative, LLC's assigns, officers, directors, agents, investors, subsidiaries, and employees. These terms of use ("Terms of Use") between FX Initiative, LLC and you set forth the terms and conditions which govern your use of the Site and/or the FX Initiative, LLC services provided thereon. Please read the Terms of Use and the Privacy Policy before using the Site. By continuing browsing the Site you agree with our privacy statement, terms of use, and use of cookies. You are not authorized to continue browsing the Site if you do not agree with our privacy statement, terms of use, and use of cookies.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. If you are using the Site or any of the services on behalf of a company or other legal entity, you agree to be individually bound by this Agreement regardless of any agreement your company may have with us. Should you have any objections to any terms contained herein, please do not use this Site or any of the services thereon or, if applicable, please delete your account. Use of the Site is void where prohibited.

MODIFICATION OF THESE TERMS OF USE

FX Initiative, LLC reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Your use of the Site after changes are posted will constitute your acceptance of the revised Terms of Use.

LINKS TO THIRD PARTY SITES

The Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of FX Initiative, LLC and FX Initiative, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FX Initiative, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. FX Initiative, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FX Initiative, LLC of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to FX Initiative, LLC that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. The Site is for the use of individual users only and any use in connection with any commercial endeavors without the express prior written consent of FX Initiative, LLC is strictly prohibited. FX Initiative, LLC reserves the right to take any and all appropriate legal action. FX Initiative, LLC reserves the right to terminate your use of the Site in its sole discretion at any time and your use of the Site is with the revocable permission of FX Initiative, LLC.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

- Conduct or forward surveys, contests, pyramid schemes or chain letters.

- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

- Restrict or inhibit any other user from using and enjoying the Communication Services.

- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

- Violate any applicable laws or regulations.

FX Initiative, LLC reserves the right to investigate and take legal action against any user who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all inclusive as to activities for which an account may be suspended or terminated.

FX Initiative, LLC has no obligation to monitor the Communication Services. However, FX Initiative, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FX Initiative, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

FX Initiative, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FX Initiative, LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FX Initiative, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FX Initiative, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FX Initiative, LLC spokespersons, and their views do not necessarily reflect those of FX Initiative, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact FX Initiative, LLC immediately upon discovering or suspecting unauthorized use of your account.

ACCOUNT SECURITY

At the time a user creates an account, he/she will be required to create a password for such account. You are responsible for a) maintaining the security of your password, b) all activity occurring on your account, c) logging out of your account at the end of each session, whether on a personal or public device, and d) notifying FX Initiative, LLC of any actual or suspected unauthorized use of your account. Please use enhanced caution whenever accessing your account form a public computer.

NO JOINT VENTURE

FX Initiative, LLC does not serve as an employer of any user using the Site or services and users are in no way legally affiliated with FX Initiative, LLC other than as may be described in these Terms of Use. You agree that neither you, nor FX Initiative, LLC, intends to create an independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship and thus no such relationships are created. FX Initiative, LLC expressly disclaims any liability arising between users of the Site.

MATERIALS PROVIDED TO FX Initiative, LLC OR POSTED AT ANY SITE

FX Initiative, LLC does not claim ownership of the materials you provide to FX Initiative, LLC (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FX Initiative, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. FX Initiative, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FX Initiative, LLC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FX Initiative, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. FX Initiative, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FX Initiative, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FX Initiative, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FX Initiative, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

SERVICE CONTACT : support@fxinitiative.com

TERM

The Terms of Use become effective immediately upon your use of the Site or Services and remain in full force and effect during the duration of your use of the Site including the duration your account is open, regardless of your activity thereon. You may terminate your account at any time. If for some reason you are unable to terminate your account, please contact us at support@fxinitiative.com. You may be asked to provide a reason for your termination. We may terminate your membership at any time and will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. You will not be entitled to any refunds of applicable fees if we terminate your account due to your breach the Terms of Use, Privacy Policy or any other FX Initiative, LLC policy as same may be amended from time to time. All account termination decisions are in FX Initiative, LLC's sole discretion and we are not required to give reason for termination. After termination, the Terms of Use remain enforceable against the user and, when possible and applicable, all terms and conditions of the Terms of Use shall survive termination.

INTERACTIONS WITH OTHER MEMBERS

Users are prohibited from using the Site to share or receive any content that is inappropriate or offensive to other users, as determined by FX Initiative, LLC in our sole discretion. You hereby agree not to: i) in any way distribute or disseminate profane, offensive, obscene, infringing or unlawful material or information; ii) use the Site in violation of any local, state, national or international law; iii) slander, abuse, threaten, harass or otherwise violate any legal rights of others; iv) upload any files to the Site that violate the legal rights (including intellectual property, privacy, publicity rights) of any third party or contain any viruses or may damage the Site, Services or any user's computer in any way; v) download any file that you know, or reasonably should know, cannot be legally distributed or disseminated through the Site; vi) advertise, sell, or offer to sell any goods or services on the Site for any purpose which is not relevant to the Services offered by FX Initiative, LLC including conducting or forwarding any surveys, contests, etc.; vii) impersonate another user or allow another individual to use your account in any way; viii) "spam" (post the same note, message, or information repeatedly); or ix) in any way prevent other users from using and enjoying and/or benefitting from the Site. We are not responsible for the misuse or misappropriation of any content or information you post in any publicly viewable forum such as your profile or reviews.

BILLING AND PAYMENT POLICY

If you elect to utilize any services requiring payment ("Paid Services"), either on a one-time or subscription basis, you are obligated to pay for such Paid Services unless specifically notified otherwise. If you purchase Paid Services, you agree to allow FX Initiative, LLC to store your payment card information and to pay the applicable fees (including collection costs and interest for any overdue accounts) and all related taxes as they come due through the end of any applicable subscription period. You further agree to provide current, complete, accurate and updated payment information. If we do not receive payment for any Paid Services, you will be personally liable and responsible for paying all amounts due upon demand and, should you fail to do so, FX Initiative, LLC may terminate or suspend your account. You may cancel the Paid Services at any time by changing your Account Settings or terminating your account; however, you will not be eligible for a refund for any Paid Services that are terminated prior to the end of the commitment period. All Paid Services are subject to the Terms of Use and the Privacy Policy

RELEASE

In the event that you become involved in a dispute with one or more other users, you hereby release FX Initiative, LLC from all claims, demands, or damages of every kind, whether known or unknown, suspected and unsuspected, disclosed and undisclosed, in any way connected with such disputes.

FX Initiative, LLC LIABILITY

Users agree not to hold FX Initiative, LLC liable for any services delivered which originated through the Site or were otherwise provided by a user. Further, users release FX Initiative, LLC from all claims, demands, and all actual or consequential damages of every kind, whether known or unknown, disclosed or undisclosed, arising out of or in any way connected with such disputes.

INDEMNIFICATION

By agreeing to the Terms of Use, you agree to indemnify, defend, and hold harmless FX Initiative, LLC from and against all claims, loss, expense or demand of liability (including attorneys' fees) and costs incurred by us in connection with any claim by a third party arising out of a) your failure to comply with the Terms of Use in any way, b) your submission of materials or content on the Site, or c) any activity in which you engage on or through the Site. You further agree that you will reasonably cooperate in the defense of any such claims.

INTELLECTUAL PROPERTY RIGHTS

FX Initiative, LLC owns and retains all proprietary rights in the Site. All software, text, typefaces, graphics, layouts, content, data, formatting, designs, HTML, graphs, photographs, videos, designs, sounds, images, look and feel, and other content ("Proprietary Material") on the Site, and the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended, is owned by or licensed to FX Initiative, LLC. All Proprietary Rights are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of the Proprietary Rights without FX Initiative, LLC's prior express written permission, unless such use falls under an exception. Users are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. The Site contains materials protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws and any use of such Proprietary Material is expressly prohibited without the prior permission of FX Initiative, LLC or the relevant right holder or as otherwise permitted therein.

RELIANCE ON CONTENT ON SITE.

You agree that FX Initiative, LLC is not responsible for your reliance on any information or content made available through the Site, other than that provided directly by FX Initiative, LLC, and the authors of such information and content are solely responsible for such content. FX Initiative, LLC does not guarantee the accuracy or completeness of any information on the Site or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any party that appears on the Site. You agree that FX Initiative, LLC will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Site.

PRIVACY

Please read our full Privacy Policy which is hereby fully incorporated into the Terms of Use by reference and governs, among other things, the treatment of all information you submit to us. You acknowledge that your submission of any content, material, or information in any form is completely voluntary. By using this Site, you hereby represent and agree that you have reviewed and agree to the Privacy Policy.

COPYRIGHTS

All contents of the FX Initiative, LLC Web Site are: Copyright 2010-2019 by FX Initiative, LLC. All Rights Reserved. and/or its suppliers. All rights reserved. You are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining prior written consent of the owner of such proprietary rights. If you, in good faith, believe that any materials on the Site infringe upon your copyrights, please provide our Copyright Agent with the following: A description of the copyrighted work that you believe has been infringed upon, why you think it has been infringed, and the exact location on the Site or Services where such material is located; A description of where the original or an authorized copy of the copyrighted work exists; An electronic or physical signature of the person who either owns the copyright or has authorization to act on behalf of the owner; Your contact information including your full name, address, telephone number, and e-mail address; A statement from you that you in good faith believe that the disputed use is not authorized by the copyright agent or owner or the law; and An additional statement by you, made under penalty of perjury, that the information in your notice is complete and accurate, and that you are the copyright owner or authorized to act on the owner's behalf.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement. Please send all such information to support@fxinitiative.com.

LIMITATIONS ON USE

We reserve the right to place limitations on your account in order to maintain the performance and availability of the Site and to enforce the Terms of Use. Such limitations may include, without limitation, the number of reviews posted and the number of messages sent through the system. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact us with any concerns you have over the limitations on your use and you agree to abide by any determinations made by the FX Initiative, LLC representative.

NOTIFICATION OF ACTS CONTRARY TO TERMS OF USE

Should you believe that you are entitled or required by law to act contrary to these Terms of Use, you agree to provide FX Initiative, LLC with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these Terms of Use. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.

FX Initiative, LLC'S APPLICATIONS

We may offer services through various applications including applications on smart phones, iPads and similar devices, and interactive plugins distributed on other websites ("Applications"). By using these Applications, you explicitly agree to these Terms of Use and any other agreements required to download the Applications and you agree that various information including, but not limited to, your device on which you utilize to access the Applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to us. If you import any content through any Application, you represent that you have the authority to share such content with your mobile carrier, internet access provider, or other provider. Should you change numbers or deactivate your mobile account, please ensure that you update your account information to reflect such a change and any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of the FX Initiative, LLC Applications on your mobile devices.

NON-SOLICITATION

Users are prohibited from using the Site for the purpose of recruiting for another website or soliciting, advertising to, or contacting users for employment, contracting, or any other purpose for a business not affiliated with FX Initiative, LLC without the express written consent of FX Initiative, LLC. We reserve the right to terminate your account or use of the Site in our sole discretion at any time if you violate this section or any terms stated herein. We further reserve the right to take appropriate legal action including, without limitation, civil, criminal, and injunctive redress.

TERMINATION/ACCESS RESTRICTION

FX Initiative, LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FX Initiative, LLC as a result of this agreement or use of the Site. FX Initiative, LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FX Initiative, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FX Initiative, LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FX Initiative, LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FX Initiative, LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.