Terms & Conditions

 

FOREX ROOT | WEB SITE TERMS OF USE

This website and the services of Forex Root. (“forexroot.com “) available via this website (the “Site“) are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.

Forex Root reserves the right to make changes at any time to the Site or these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Trademarks and Copyrights

Forex Root, forexroot.com’s logo, AT THE MOMENT OF CHANGE and other marks displayed on our Site are the proprietary service marks or trademarks of Forex Root or third parties. Forex Root’s marks may not be used in connection with any product or service that is not Forex Root’s in any manner that is likely to cause confusion among consumers, or to disparage or discredit Forex Root. All other trademarks and service marks not owned by Forex Root that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Forex Root. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the owner thereof.

All content on this Site, including, but not limited to, works of authorship, publications, presentations, pricing data, trade data, aggregated trade information, performance information, blogs, posts, user comments, design, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site are the property of Forex Root or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of Forex Root or any other person.

Use of the Site

The Site may include information regarding Forex Root and its services, financial trading information, pricing data, trade data, aggregated trade information, performance information, blogs, posts, chat rooms, user comments, publications and presentations proprietary to Forex Root, and links to third party websites. You may download, view, copy and print information, materials and any other aspect of this Site to which you are provided access (i) solely for your personal, informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.

You agree not to upload on or transmit to or via the Site any information which: (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right of any third party; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; (v) by its disclosure violates any agreement or other obligation to which you are bound; (vi) constitutes false or misleading market information; or (vii) otherwise violates any applicable treaty, law or regulation.

You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the account or computer system of any other Site user. You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site. You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of Forex Root. In addition, you agree not to link to any page of the Site other than the home page located at forexroot.com.

Unauthorized Use of the Site

Forex Root reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; any action that imposes an unreasonable load on the Site; or any link to any page of the Site other than the home page. Forex Root’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or Forex Root’s legal rights.

Access Method

You acknowledge you are fully responsible for all activities that occur through the use of any password, user ID or other access methods (each, an “Access Method“) you may be granted as a registered user of Forex Root, whether or not such use is authorized by you. You agree not to access or attempt to access any password-protected portions of the Site without an authorized Access Method or through any means other than by utilizing your authorized Access Method on the appropriate web page or web tools. It is your sole responsibility to monitor and control use of these Access Methods for all purposes. You accept all responsibility for the security of your Access Method, and utilization of the Site via the Access Methods. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Methods. Do not disclose your Access Methods to anyone not authorized to act on your behalf. Forex Root cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Privacy

The terms of the Forex Root Privacy Policy are hereby incorporated as part of these Terms of Use.

Accuracy and Integrity of Information

Although Forex Root attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Forex Root so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Submissions

If you are a registered user of Forex Root, you acknowledge that you are responsible for the information and material that you submit or transmit through the Site, and that you, and not Forex Root, will have full responsibility for each of your Submissions (as defined below), including its legality, reliability, appropriateness, originality and copyright. Except where otherwise expressly provided by Forex Root, all comments, feedback, postings, portfolio and trading information, performance results or other information posted by you on the Site or submitted to Forex Root through or in association with the Site (collectively, “Submissions“) shall be considered non-confidential and Forex Root ’s property. By submitting such Submissions to Forex Root, you agree that you assign to Forex Root, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Submissions, and that Forex Root shall be free to use such Submissions in any manner or media whatsoever, on an unrestricted basis and without any attribution or royalties or other compensation to you.

Additionally, you represent and warrant that: (i) you own all right title and interest in any Submissions provided by you, and (ii) the posting of your Submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any individual or make derogatory remarks regarding, defame or otherwise criticize any broker or entity. You shall be solely liable for any damage resulting from any infringement or other violation of the copyrights, trademarks, or other proprietary rights of any individual or entity, and for any other harm or losses resulting from any Submissions.

You may not post comments, biographies, or third party links that in any way negate the risks of Forex trading or are in any way contrary to the Forex Root Risk Warning (https://www.forexroot.com/risk-warning). All unsubstantiated performance claims will be removed from community comments, biographies, and any future content areas.

Forex Root actively monitors postings to the Site. In our efforts to promote good citizenship within the Forex Root community, if Forex Root becomes aware of inappropriate use of the Site, Forex Root shall be entitled to respond in any way that we deem appropriate in our sole discretion. Forex Root may warn posters of content that we, in our sole discretion, deem inappropriate in tone or content. You acknowledge that Forex Root may report to government authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Forex Root may cooperate with government authorities in any investigation of alleged illegal activity.

Forex Root may remove any Submission that Forex Root determines, in its sole discretion, violates the terms of this Agreement or is otherwise deemed by Forex Root to be inappropriate for posting.

Forex Root Does Not Endorse Comments of Users.

Forex Root does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements of third parties displayed on or transmitted via the Site. Any information or material placed on the Site by third parties reflect the views, and are the responsibility of, those who post such information or material, and do not necessarily represent the views of Forex Root.

No Investment Recommendations or Financial Advice Provided

No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any content on the Site to be a substitute for professional financial advice. If you choose to engage in transactions based on content on the website, then such decision and transactions and any consequences flowing therefrom are your sole responsibility. While individual participants may offer investment advice or opinions, such advice or opinions amount to nothing more than conversational exchanges between persons who may be anonymous or unidentifiable. Forex Root does not provide investment advice directly, indirectly, implicitly, or in any manner whatsoever. You should use any information gathered from here only as a starting point for your own independent research.

The Site should be used for informational purposes only. Forex Root, and its employees and agents are not investment advisers. If you make investment decisions in reliance on information you receive in connection with the Site, you do so at your own risk and Forex Root, its employees, and its agents will not be liable for any losses that you may sustain. You should not make any investment decision without first conducting your own research. You are solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. Any past performance indicated on this Site is not indicative of future results. Anyone investing should be able and prepared to bear a loss of his or her entire investment.

Limitations of Performance Information

Users of the Site may opt to make their portfolio and financial performance information available to other registered users of the Site, and may provide opinions or advice. This information provided by such registered users of the Site are solely the opinions of those users and do not express the opinions of Forex Root. Forex Root does not create or exercise editorial control over any content created or posted by others that may be accessed through the Site. When reviewing the portfolio, financial performance information, opinions or advice of another registered user, you should not assume that the user is unbiased, independent or qualified to provide financial information or advice. When reviewing user performance information on the Site, it is important to understand that historical performance is not a guarantee of future performance.

Financial Information

Upon registering as a user of Forex Root’s services, you may provide to Forex Root your user ID and password for you brokerage account. As such, Forex Root will have access to your financial information through your financial institution. This information is provided solely by your financial institution and not Forex Root. You agree not to hold Forex Root liable for any loss or damage of any sort incurred as a result of such dealings with any services or information provided by your financial institution.

Third Party Advertisements and Links to Third Party Sites

You acknowledge that, at any time, Forex Root may provide links to the websites of third parties. Additionally, the Site may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to the sites of such advertisers. Forex Root is not responsible for the content of such advertisements or any links, or any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by Forex Root of the advertisement or linked site or any content therein. IN NO EVENT WILL FOREX ROOT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, OR ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND ANY PUBLICATIONS, PRESENTATIONS, FINANCIAL TRADING INFORMATION, PRICING DATA, TRADE DATA, PERFORMANCE INFORMATION, BLOGS, POSTINGS, OR OTHER INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOREX ROOT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NEITHER THE SITE, NOR ANY INFORMATION, CONTENT, MATERIALS, OR SERVICES AVAILABLE VIA THE SITE, CONSTITUTES OR IS INTENDED TO CONSTITUTE, OR SHOULD BE CONSTRUED AS, A SOLICITATION OR ANY OFFER TO BUY AN INTEREST IN ANY SECURITY, INVESTMENT ADVICE OR A RECOMMENDATION OR PROMOTION OF ANY FOREX TRANSACTION, FUTURES CONTRACT, SECURITY OR OTHER FINANCIAL PRODUCT, INVESTMENT MANAGER, OR TRADING OR INVESTMENT STRATEGY. IN ADDITION, FOREX ROOT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE. FURTHER, FOREX ROOT MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL FOREX ROOT OR ITS AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF FOREX ROOT OR ITS AFFILIATES (THE “FOREX ROOT PARTIES“) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, ANY INFORMATION POSTED ON THE SITE BY ITS USERS, OR ANY OTHER INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE ON THE SITE (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Forex Root Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys’ fees, disbursements and court costs) arising from or in connection with (i) use of the Site or any content, information, materials or services contained, displayed or available therein by you or any other person accessing the Site under any Access Method assigned to you; (ii) your violation of these Terms of Use; (iii) any Submissions provided by you to Forex Root; or (iv) your violation of any rights of any third party.

Modification or Discontinuance of the Site by Forex Root

At any time, without notice to you, and for any or no reason, Forex Root may modify or discontinue the Site. Forex Root shall in no way be held liable for any consequence which results from Forex Root’s decision to modify or discontinue providing the Site.

Denial of Access

Forex Root may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you, or exercise any other remedy available and remove any user information, if Forex Root believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of Forex Root, or any third party, or violates the law.

Governing Law

The laws of the State of Massachusetts will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Boston, Massachusetts, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Forex Root’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Forex Root agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Forex Root with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Forex Root with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or Forex Root, please contact: customer.support@forexroot.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

Forex Root respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Forex Root the written information specified below. Please note that this procedure is exclusively for notifying Forex Root that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information regarding how we may contact you (i.e. your address, telephone number and e-mail address);
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf. v Forex Root’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached by emailing us or mailing your inquiry to: info@forexroot.com