Terms of Service
1. BINDING NATURE OF TERMS
1.2. The Site and the Services are offered and available to users who are 13 years of age or older. By using the Site or the Services you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or the Services.
2. EFXNEWS DISCLAIMERS AND USER INDEMNITIES
2.1. eFXnews is an independent company, not affiliated with or sponsored by any bank. Articles, data and other content and information available though the Site and the Services are intended for informational purposes only, and must not be considered investment advice. To the extent that some materials suggest investment strategies, they do so in only general terms without reference to the personal factors that should determine any user's investment decisions to buy or sell a specific security or currency. We do not ever give tax or investment advice or advocate the purchase or sale of any security or investment, and investors act on information received from the Site and Services at their own risk. The Services include facts, views, opinions and recommendations of individuals and organizations other than eFXnews. EFXNEWS AND THE PROVIDERS OF INFORMATION INCLUDED ON THE SITE AND THE SERVICES FURNISH THE INFORMATION ON AN AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither eFXnews nor providers of information included in the Services guarantee the accuracy, completeness or timeliness of information included in the Services. You agree that errors or omissions contained in such information shall not form the basis for any claim, demand or cause of action against eFXnews or any of the providers of information included in the Services. eFXnews may link to, or promote, websites or services from other companies or offer you the ability to download software from other companies. eFXnews is not responsible for, and does not control, those websites, services or software. In no event shall eFXnews, its members, employees, officers, directors, agents, or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on any strategy and/or advice included on the Site or in the Services. Certain information and data provided in connection with the Services may be delayed based on requirements of financial exchanges or information providers. FX positions recorded on eFXplus are aggregated from banks’ sell-side research. Bank research does not provide individually tailored investment advice and is prepared without regard to the circumstances and objectives of those who receive it. The securities, instruments, or strategies discussed in bank research may not be suitable for all investors, and certain investors may not be eligible to purchase or participate in some or all of them. Banks may make investment decisions or take proprietary positions that are inconsistent with the recommendations or views in their sell-side research. Past performance is not necessarily a guide to future performance.
2.2. In no event will eFXnews or its licensors, service providers, employees, agents, members, officers, directors, contractors, contributors or users be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site or the Services or any content thereof, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
2.3. You agree to defend, indemnify and hold harmless eFXnews, its licensors and service providers, and its and their respective officers, members, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Site or the Services other than as expressly authorized in these Terms of Service.
3. PERMITTED AND PROHOBITED USES OF CONTENT
3.1. Use of the contents of the Services, including the Site, is permitted for personal, noncommercial use in accordance with these Terms of Service. All materials published on the Services (including, but not limited to news articles, research, images, illustrations, and video clips, also known as the "Content") are owned or controlled by eFXnews or the party credited as the provider of the Content. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service.
3.2. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services in whole or in part for commercial gain.
3.3. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from eFXnews. You may not post any Content to forums, newsgroups, mail lists, electronic bulletin boards, or other web sites, without the prior written consent of eFXnews.
3.4. Users may submit materials for publication on the Site and/or inclusion in the Services. No user submitted content or research will be accepted if its transmission to or use by eFXnews would violate any law, statute, regulation or contract. Users who submit materials grant eFXnews a royalty free, non-exclusive license to publish such materials as part of the Services and to edit, revise and modify such materials as it sees fit.
3.5. You may not use the Services or the Site:
3.5.1. In any manner that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries;
3.5.2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
3.5.3. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
3.5.4. To impersonate or attempt to impersonate eFXnews, an eFXnews employee, another user or any other person or entity;
3.5.5. To engage in any other conduct that restricts or inhibits another’s use or enjoyment of the Services or the Site, or which, as determined by us, may harm eFXnews or its users or expose them to liability.
3.5.6. In any manner that could disable, overburden, damage, or impair the Site or the Services or interfere with any other party's use of the Site or the Services.
3.6. You may not:
3.6.1. Use any robot, spider or other automatic device, process or means to access the Site or the Services for any purpose, including monitoring or copying of material, nor are you permitted to use any manual process to monitor or copy any of the material on the Site or the Services or for any other unauthorized purpose without our prior written consent;
3.6.2. Use any device, software or routine that interferes with the proper working of the Site;
3.6.3. Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful, or participate in any attack on the Site such as a denial-of-service attack or a distributed denial-of-service attack;
3.6.4. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site or the Services or the server on which the Site is stored; or
3.6.5. Otherwise attempt to interfere with the proper working of the Site.
4. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
4.1. We may change, suspend or discontinue the Site and/or any aspect of the Services at any time, including the availability of any Services feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4.3. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or the Services using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
The eFXnews name, the eFXnews logo, the eFXplus product name and all related names, logos, product and service names, designs and slogans are trademarks of eFXnews. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site and the Services are the trademarks of their respective owners.
Please report any possible copyright violation involving material included on the Site or in the Services as soon as you become aware of it by notifying us legal (at) efxnews.com.
7.1. These Terms of Service have been made in and shall be construed and enforced in accordance with Massachusetts law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in the City of Boston, Massachusetts.
7.2. eFXnews is based in the state of Massachusetts in the United States. Access to the Site or the Services may not be legal by certain persons or in certain countries. If you access the Site or the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, and you waive any right to assert any claim whatsoever against us for alleged failure to comply with any law of any territory outside the United States.
7.3. Any cause of action or claim you may have arising out of or relating to these Terms of Service, the Site or the Services must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
7.4. No waiver by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
7.5 If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
7.6 If you have an enquiry or concern about our Terms of Service, you can contact us
by email: info (at) eFXnews.com or by mail: eFXnews | 198 Tremont Street, Suite #407 | Boston MA, 02116 | USA
Last Updated: XX April MMXV