Tinypip Fx Terms and
Conditions.
Please read.
Your subscription or purchase of any Tinypip Fx products serves
as your acknowledgement and representation that you have read
and understand these TERMS OF USE and that you agree to be
bound by such TERMS OF USE ("Agreement").
You understand and agree to accept this Agreement is, legally,
the same as manually signing this Agreement. Tinypip Fx
reserves the right, upon notice to you, to change or terminate
this Agreement. You agree that your use of The Product after
notice of change to this Agreement, or if you do not return any
product to Tinypip Fx within fifteen (15) calendar days of
such notice, shall mean that you accept the changes. Changes
required by law, however, will be effective immediately.
As an independent and self-directed investor, you acknowledge
that you, alone, shall be responsible for determining the
suitability of your investment choices and investment
strategies, and you understand that a robot (EA) is an
automated trading system. Tinypip Fx Team (“Staff’) provides
technical assistance and support for Tinypip Fx subscribers.
Trades are done automatically and, thus, do not require human
intervention. Tinypip Fx Staff shall assume no responsibility
for investment choices or determinations. You shall not hold
Tinypip Fx or any of its employees or affiliates or the Staff
liable for investment decisions. The Staff cannot advise you
nor comment concerning the nature, risk or suitability of any
trade, transaction or investment strategy. You also recognize
that Tinypip Fx does not give legal or tax advice. Tinypip Fx
and the Staff are not liable for any damage or loss, including
but not limited to, any loss of profit, which may arise
indirectly or directly from use of The Product. Additionally,
you agree that no fiduciary relationship is formed and no
fiduciary duty is owed to either party of this Agreement, by
virtue of your subscription. You represent that you are of the
age of majority as defined by the laws of the state of your
home of record in order to enter into this agreement and be
bound thereby.
The Product is for your personal use only. You shall not
distribute, exchange, modify, sell, or transmit anything from
this Site. Tinypip Fx grants you a non-exclusive,
non-transferable, limited subscription to use Tinypip Fx
service and products for one year, as long as you comply with
these Terms & Conditions of Use. All Tinypip Fx's product
are leased on a one year basis unless otherwise stated in the
item description.
All materials on
www.currencymeter.com, including but not limited to
audio, images, software, text, and video clips, are
protected by copyright under U.S. copyright law, international
conventions, and other copyright laws. You shall not use
the materials, except as specified herein. You agree to
follow the instructions on www.currencymeter.com,
limiting the use of the materials. Any unauthorized use
of the materials on www.currencymeter.com may violate
copyright laws, trademark laws, the laws of privacy and
publicity, and civil and criminal statutes.
Tinypip Fx reserves the right to refuse any Subscription at its
sole discretion. You agree to pay the applicable charges and
taxes that may apply at the time services are rendered to your
Subscription. Tinypip Fx further reserves the right to change
its charges any time by posting a modified schedule of Pricing
and Rates on the Tinypip Fx Web site.
Subscription Charges – All monthly
Subscription charges are refundable where the date of request
for cancellation falls within a billing cycle and
the subscription fees will be refunded at a prorated
amount, beginning the business day following the date of
request for cancellation.
Refund – Due to the nature of our
products, we cannot issue refund on purchased that
are delivered and installed in your computer. The
product can only be exchange for the same product if there
is an issue. Tinypip Fx will work with every client to make
sure your product is working in your computer. We will not
issue a refund for claims base on your speculation of
success.
Tinypip Fx makes no representation or warranty regarding its
compliance with local laws in foreign jurisdictions, or
regarding the appropriateness of the Web site's content or its
compliance with such local laws. You understand that the
Tinypip Fx site is the only means of accessing your Tinypip Fx
Subscription. You agree that Tinypip Fx shall not be liable for
any losses or damages you incur as a result of the
unavailability of Tinypip Fx Web site from foreign
countries.
This Agreement will be effective only upon our approval of your
Subscription. Tinypip Fx reserves the right to report to
consumer and securities credit reporting agencies any debit
balance or negative credit information pertaining to any
Tinypip Fx Subscription. Tinypip Fx further reserves the right
to reject a Subscription Application for any reason.
Tinypip Fx may terminate any or all services rendered under
this Agreement at any time and for any reason. The Subscription
holder may close his or her Subscription at any time. Upon
termination, you will remain liable for any deficiencies or
debit balances in the Subscription. You agree to reimburse
Tinypip Fx for any collection costs relating to any unsecured
debit balance in your Subscription, including attorney's fees,
court costs, arbitration expenses, and interest.
In cases of fraud or theft by you, acting alone or in concert
with others, involving, among other things, use of counterfeit
checks, checks drawn on closed or non-existent Subscriptions,
checks stolen from third parties, unauthorized electronic funds
transfers from bank Subscriptions belonging to others,
attempted electronic transfers from non-existent Subscriptions
or similar illegal or improper conduct involving Subscription
funding or withdrawals, and including situations in which you
have allowed third parties to use your Subscription in any such
manner, Tinypip Fx shall assess against you, in addition to all
other fees, damages and penalties to which it may be entitled,
a $500 fee per forged, faked, fictitious, stolen or otherwise
unauthorized item or transfer. This fee shall constitute
liquidated damages to compensate Tinypip Fx for the time and
effort of Tinypip Fx employees in rectifying said conduct.
You agree that Tinypip Fx will not be liable to you or to third
parties for losses incurred directly or indirectly by causes
reasonably beyond its control, including but not limited to,
government restrictions, natural disasters, severe weather
conditions, wars, strikes, terrorist attacks, exchange or
market rulings, interruptions of data processing services or
communications, disruptions in orderly trading on any market or
exchange, unauthorized access or operator errors.
You agree that Tinypip Fx will not be liable to you for any
losses or damages incurred by you (including lost profits,
trading losses and similar damages) during periods of market
volatility, peak demand, systems upgrades, maintenance or for
other reasons.
Additionally, you understand that Tinypip Fx Web site is the
primary means of processing your Tinypip Fx Subscription and
that, in the event of an interruption of communications systems
or other hardware or software malfunction, access to view your
Subscription could be delayed. In the event of a significant
outage, Tinypip Fx would not be liable for any losses or
damages you might suffer as a result of such delays.
By opening a Subscription at Tinypip Fx and agreeing to these
TERMS OF USE, you agree to receive all communications from
Tinypip Fx via the World Wide Web or e-mail. This will include,
but not necessarily be limited to, confirmations of
transactions, Subscription statements, financial statements,
notices of modifications to TheTinypip Fx's TERMS OF USE, and
other basic communications. Communications sent to your e-mail
address or provided through the web site must be retrieved and
read promptly. All communications sent by Tinypip Fx by any
means will be deemed to have been received by you. You agree to
advise us promptly of any changes to your e-mail and/or mailing
address. You agree to advise Tinypip Fx promptly of any errors
or omissions in any transaction or in the handling of your
Subscription. Failure to provide prompt notice of any errors
will be deemed to constitute acceptance of the accuracy of all
information sent to you.
Tinypip Fx reserves the right to record telephone calls to
monitor the quality of service you receive or for other
purposes Tinypip Fx deems appropriate for its protection or for
the protection of its customers.
PREDISPUTE ARBITRATION CLAUSE DISCLOSURES:
ALL PARTIES TO THIS AGREEMENT ARE GIVING UP THE RIGHT TO SUE
EACH OTHER IN COURT, INCLUDING THE RIGHT TO A TRIAL BY JURY,
EXCEPT AS PROVIDED BY THE RULES OF THE ARBITRATION FORUM IN
WHICH A CLAIM IS FILED.
ARBITRATION AWARDS ARE GENERALLY FINAL AND BINDING; A PARTY'S
ABILITY TO HAVE A
COURT REVERSE OR
MODIFY AN ARBITRATION AWARD IS VERY LIMITED.
THE ABILITY OF THE PARTIES TO OBTAIN DOCUMENTS, WITNESS
STATEMENTS AND OTHER DISCOVERY IS GENERALLY MORE LIMITED IN
ARBITRATION THAN IN COURT PROCEEDINGS.
THE ARBITRATORS DO NOT HAVE TO EXPLAIN THE REASON(S) FOR THEIR
AWARD.
THE PANEL OF ARBITRATORS WILL TYPICALLY INCLUDE A MINORITY OF
ARBITRATORS WHO WERE OR ARE AFFILIATED WITH THE SECURITIES
INDUSTRY.
THE RULES OF SOME ARBITRATION FORUMS MAY IMPOSE TIME LIMITS FOR
BRINGING A CLAIM IN ARBITRATION. IN SOME CASES, A CLAIM THAT IS
INELIGIBLE FOR ARBITRATION MAY BE BROUGHT IN COURT.
THE RULES OF THE ARBITRATION FORUM IN WHICH THE CLAIM IS FILED,
AND ANY AMENDMENTS THERETO, SHALL BE INCORPORATED INTO THIS
AGREEMENT.
SUBJECT TO THE LIMITED EXCEPTIONS DESCRIBED BELOW, YOU AGREE TO
SUBMIT TO ARBITRATION ANY DISPUTE BETWEEN YOU AND Tinypip Fx
AND/OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR
AGENTS RELATING TO YOUR BROKERAGE SUBSCRIPTION(S). ANY
ARBITRATION UNDER THIS AGREEMENT WILL BE CONDUCTED UNDER THE
ARBITRATION RULES OF THE FINANCIAL INDUSTRY REGULATORY
AUTHORITY. ARBITRATION MAY BE INITIATED BY EITHER OF US SERVING
WRITTEN NOTICE ON THE OTHER. THE ARBITRATORS' RULING WILL BE
FINAL AND JUDGMENT ON IT MAY BE ENTERED IN ANY COURT OF
COMPETENT JURISDICTION.
Tinypip Fx RESERVES THE RIGHT TO PURSUE LEGAL ACTION AGAINST
YOU THROUGH THE STATE AND FEDERAL COURTS OF
ILLINOIS
OR OTHER APPROPRIATE JURISDICTION
IN THE EVENT Tinypip Fx DETERMINES YOU HAVE COMMITTED
FRAUD OR OTHER CRIMES AGAINST Tinypip Fx AND/OR THIRD
PARTIES INVOLVING THE FUNDING OF, TRANSACTIONS IN, OR
WITHDRAWALS FROM YOUR SUBSCRIPTION(S) WITH THE Tinypip
Fx. IN SUCH CASES, YOU SHALL BE DEEMED BY THIS AGREEMENT
TO HAVE ACCEPTED.
NO PERSON SHALL BRING A PUTATIVE OR CERTIFIED CLASS ACTION TO
ARBITRATION, NOR SEEK TO ENFORCE ANY PREDISPUTE ARBITRATION
AGREEMENT AGAINST ANY PERSON WHO HAS INITIATED IN COURT A
PUTATIVE CLASS ACTION; OR WHO IS A MEMBER OF A PUTATIVE CLASS
ACTION WHO HAS NOT OPTED OUT OF THE CLASS WITH RESPECT TO ANY
CLAIMS ENCOMPASSED BY THE PUTATIVE CLASS ACTION UNTIL: (I) THE
CLASS CERTIFICATION IS DENIED; OR (II) THE CLASS IS
DECERTIFIED, OR (III) THE CUSTOMER IS EXCLUDED FROM THE CLASS
BY THE COURT. SUCH FORBEARANCE TO ENFORCE AN AGREEMENT TO
ARBITRATE SHALL NOT CONSTITUTE A WAIVER OF ANY RIGHTS UNDER
THIS AGREEMENT EXCEPT TO THE EXTENT STATED HEREIN.
These TERMS OF USE constitute the entire agreement with respect
to your access to and use of the Tinypip Fx Web site. If any
provision of these TERMS OF USE is unlawful, void or
unenforceable, then that provision shall be deemed severable
from the remaining provisions and shall not affect their
validity and enforceability.
This Agreement will pass to the benefit of The Tinypip Fx’s
successors, assigns and agents. Tinypip Fx may assign its
rights and duties under this Agreement to any of its
successors, subsidiaries or affiliates without giving you
notice, or to any other entity on prior written notice to you.
In addition, you agree that this Agreement and all terms
hereof, will be binding on your heirs executors, administrators
and personal representatives and any assigns permitted by The
Tinypip Fx.
To the extent permitted by law, Tinypip Fx shall not be liable
for any expenses, losses, damages, liabilities, demands,
charges and claims of any kind or nature whatsoever (including
without limitation any legal expenses and costs and expenses
relating to investigating or defending any demands, charges and
claims) ("Losses") by or with respect to the Subscription,
except to the extent that such Losses are actual Losses proven
with reasonable certainty, are not speculative, are proven to
have been fairly within the contemplation of the parties as of
the date hereof, and are determined by a court of competent
jurisdiction or an arbitration panel in a final non-appealable
judgment or order to have resulted solely from The Tinypip Fx’s
gross negligence or willful misconduct and without limiting the
generality of the foregoing, Tinypip Fx will not be liable for
any indirect, special, incidental or consequential damages or
other losses (regardless of whether such damages or other
losses were reasonably foreseeable).
Tinypip Fx shall have no liability for and you agree to
reimburse, indemnify and hold Tinypip Fx, its affiliates and
their partners, directors, officers and employees and any
person controlled by or controlling Tinypip Fx harmless from
all expenses (including legal expenses and reasonable
attorney's fees), Losses or damages that result from: (a) your
or your agents' misrepresentation, act or omission or alleged
misrepresentation, act or omission, (b) Tinypip Fx 's following
your or your agent's directions or failing to follow your or
their unlawful or unreasonable directions, (c) any of your
actions or the actions of your previous advisers or Custodian,
(d) the failure by any person not controlled by Tinypip Fx to
perform any obligations to you, and (e) your failure to provide
accurate information on your Tinypip Fx Subscription
Application or to update that information as required.
Waiver, Modifications and Amendments
You agree that TheTinypip Fx may change the terms of this
Agreement by giving you notice of the new terms. You agree that
your use of Tinypip Fx Service after notice of change to this
Agreement, or if you do not close your Tinypip Fx Subscription
within fifteen (15) calendar days of such notice, means that
you accept the changes. Changes required by law, however, will
be effective immediately.
Except as specifically permitted in this Agreement, no
provision of this Agreement will be deemed waived, altered,
modified or amended unless agreed to in writing by The Tinypip
Fx.
The Tinypip Fx's failure to insist on strict compliance with
this Agreement or any other course of conduct on our party will
not be deemed a waiver of Tinypip Fx's rights under this
Agreement.
Headings
The heading of each Section hereof is for descriptive purposes
only and shall not be (a) deemed to modify or qualify any of
the rights or obligations set forth herein or (b) used to
construe or interpret any of the provisions hereunder.
Counterparts
This Agreement may be executed in any number of counterparts by
you, each of which will constitute an original and all of
which, when taken together, will constitute one and the same
instrument.
I, as a subscriber of Tinypip Fx Subscription, have read and
understand these Terms of Use. Furthermore, my continued
subscription shall constitute my consent to these Terms of
Use.
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