TERMS OF USE

The Internet Bullish Marketing Group Pty Ltd. (the “Company”) welcomes you and hopes that you will enjoy its services. The services offered by the Company include, but are not limited to, the FXFocus.net and all information, products or services offered from time to time by the Company in connection with the Website (collectively, the “Services”).

This Terms Of Use of Use (the “Terms Of Use”) is a legal agreement between you and the Company. By using the Company’s Websites or Services, you agree to be bound by this Terms Of Use. If you do not agree to this Terms Of Use, you should discontinue use of the Websites and Services immediately

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The Company reserves the right to modify this Terms Of Use from time to time without notice to you by posting such modification on the Websites. You agree to be bound to any modifications to this Terms Of Use when you use the Websites and Services after any such modification has been posted. It is therefore important that you review this Terms Of Use regularly to ensure that you are updated as to any modifications.

 

Use of Websites, Services and InformationUnless otherwise specified, the Company grants you a non-exclusive, non-transferable, limited right to access, use and display the Websites and the strategies, indicators, news, articles and all other material contained therein (collectively, the "Information"), for your personal, noncommercial use, provided that you comply fully with the provisions of this Terms Of Use.

 

To access the Websites, Services and Information, you must obtain access to the World Wide Web. It is your responsibility to provide the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet and pay for all related fees.

 

You agree that you shall only use the Websites, Services and Information in a manner that complies with all applicable laws in the jurisdictions in which you use the Websites, Services and Information, including but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Websites, Services or Information; (ii) modify, translate, distribute, create derivative works of or exploit the Websites, Services or Information; (iii) copy, add to, alter, delete from, or redistribute the Information; (iv) resell, rent, lease, transfer, or otherwise transfer rights to the Services or Information; and (v) remove any proprietary notices or labels on the Services or Information.

 

You agree that your use of the Websites, Services and Information is entirely at your own risk. The Company and all employees, affiliates and partners operating the Websites are not registered as investment advisers or broker dealers. The Information is provided for informational and educational purposes only. The Company does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information.

 

You agree that the Information is not intended to provide tax, legal or investment advice, which should be obtained from your professional adviser(s) prior to making any investment of the type discussed in the Information. The Information is not intended to solicit or advocate the purchase or sale of any security or investment. Any factual statements are made as of the most recent date indicated and are subject to change without notice. Furthermore, the analysts, employees, affiliates and partners of the Company may hold positions in the securities or markets that are discussed in the Information. As a result, you should not rely solely on the Information in making any investment decision. Rather, you should only use the Information as a starting point and conduct additional independent research in order to form your own opinions regarding investment opportunities.

 

EligibilityBy using the Websites and Services, you represent and warrant that: (i) all registration information that you submit is truthful, accurate and complete; (ii) you will maintain the truthfulness, accuracy and completeness of such information; (iii) you are least eighteen (18) years of age; and (iv) your use of the Websites and Services does not violate any applicable law or regulation. If any of the aforementioned conditions are not satisfied, the Company reserves the right to terminate your use of the Websites and Services without notice.

 

Term This Terms Of Use will remain in full force and effect while you use the Websites and Services. You may terminate your use at any time for any reason. The Company may restrict, suspend or terminate your access to the Websites and Services at any time without notice (refer to section on “Termination”).

FeesAs user or subscriber, you are responsible for any fees or other charges that may be incurred while accessing the Websites and Services.

 

User Conduct


The following is a partial list of the kind of activity that is illegal or prohibited on the Websites and through your use of the Services. The Company reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. While using the Websites and Services, you may not engage in the following activities:

 

(1) upload, post, publish, transmit, reproduce, distribute, display, broadcast, sell or otherwise make available any information, software or other material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of the Company or any other party;

 

(2) upload, post, publish, transmit, distribute or otherwise make available any information that is: (i) unlawful, fraudulent, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, pornographic, invasive of another's privacy; (ii) promotes unlawful activity; (iii) gives rise to civil liability; or (iv) is otherwise objectionable;

 

(3) offer, sell or buy any security or other investment vehicle;

 

(4) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

 

(5) upload, post, publish, transmit, distribute or otherwise make available any unsolicited or unauthorized investment opportunities, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

 

(6) upload, post, publish, transmit, distribute or otherwise make available any material that contains any virus or other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 

(7) use any information, software or other material obtained from or through the Websites and Services for commercial purposes, except as otherwise expressly permitted by the provider of such information, software or other material;

 

(8) impersonate or misrepresent your affiliation with any person or entity;

 

(9) restrict or inhibit others from using and enjoying the Websites and Services;

 

(10) interfere or disrupt networks connected to the Websites; and

 

(11) gain unauthorized access to other computer systems.

 

Content Posting & Signal Terms Of Use


The Company provides publishing and community services (“Signal Services”) through its Websites. The Signal Services provide users with the ability to post information and participate in forex decisions and web-based discussions. Some of the Signal Services are free of charge while others may incur a fee or be subject to other requirements (fees or requirements for any service will be explained and require acceptance from you before you can access such service). In order to use the Signal Services, you must agree to the following Terms Of Use:

 

(1) You are solely responsible for the content that you post on or through the Signal Services, any material or information that you transmit to other users and for your interactions with other users;

 

(2) The Company does not endorse and has no control over the content posted on or through the Signal Services. The content is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of Company. The Company is not responsible or liable for any threatening, libelous, obscene, harassing or offensive material contained therein, infringement of third party intellectual property rights or any tortious conduct arising therefrom, or crime facilitated thereby;

 

(3) The Company assumes no responsibility for monitoring the Signal Services for inappropriate content or conduct. If at any time the Company chooses, in its sole discretion, to monitor the Signal Services, the Company nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content;

 

(4) The Company may delete any content that, in its sole judgment, violates this Terms Of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person;

 

(5) The Company is not responsible or liable for damages or loss arising from the deletion or loss of content;

 

(6) The Company makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content or any material or information that you transmit to other users;

 

(7) The Company may disclose any information if necessary or appropriate to satisfy any law, regulation or other governmental request in order to operate the Signal Services lawfully and protect itself and its users; and

 

(8) Once you have registered on the Signal Services, you will receive an account and password. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify the Company immediately of any unauthorized use of your account or any other breach of security.

 

Information Submitted to The Company


By submitting any information to the Company or displaying, publishing, or posting any content on or through the Websites, you hereby grant to the Company a limited license to use, modify, adapt, publicly display, reproduce, and distribute any such information or content. The Company shall not be obligated to maintain the confidentiality of such information or content, unless expressly agreed to by the Company or required by applicable law.

 

Copyright and Trademarks


The content included on the Websites, advertisements, e-mails and other communications produced or distributed by the Company contain copyrighted material, including but not limited to text, software, reports, videos, sounds, graphics, logos, icons, and images. Such copyrighted material is the exclusive property of the Company and other respective owners that have granted the Company the right and license to use such property and is protected by international copyright laws. All trademarks, service marks, and trade names are proprietary to the Company or other respective owners that have granted the Company the right and license to use such marks.

 

By granting you access to the Websites, the Company does not grant you any license or authorization to use the copyrighted material, trademarks and other proprietary information contained therein. Except as otherwise expressly permitted under applicable law, you may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the Websites without the express permission of the Company and other respective owners of the intellectual property. If you infringe or otherwise violate the rights of the Company and other respective owners with respect to the intellectual property accessible on the Websites, you may be liable under copyright, trademark and other intellectual property laws of your country.

 

Disclaimer of Warranties


THE PRODUCTS, OFFERINGS, CONTENT AND OTHER INFORMATION ON THE WEBSITES AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, SECURITY OR ACCURACY.

 

THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE WEBSITES OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITES OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITES OR SERVICES WILL BE CORRECTED; AND (vi) THE WEBSITES AND SERVERS THAT MAKE THE WEBSITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) THE USE OR INABILITY TO USE THE WEBSITES, SERVICES OR INFORMATION; (ii) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITES OR ANY THIRD-PARTY LINKS (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (vi) ANY ERROR, OMISSION, DELETION, DEFECT, DELAY, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR OTHER MATTER RELATING TO THE WEBSITES AND SERVICES.

 

YOU ACKNOWLEDGE AND ACCEPT THAT THERE IS A HIGH DEGREE OF RISK INVOLVED IN TRADING SECURITIES AND INVESTING IN CURRENCIES. THE PAST RESULTS OF ANY INDIVIDUAL TRADER PUBLISHED ON THE WEBSITES ARE NOT INDICATIVE OF FUTURE RETURNS BY THAT TRADER AND ARE NOT INDICATIVE OF FUTURE RETURNS WHICH MAY BE REALIZED BY YOU. YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY GAIN OR LOSS, INCLUDING FINANCIAL, EMOTIONAL OR OTHERWISE, RESULTING FROM YOUR USE OF THE INFORMATION OBTAINED FROM THE WEBSITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR YOUR TRADING AND INVESTMENT RESULTS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE CASES, THE RESPECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW IN SUCH JURISDICTIONS.

 

Indemnification


You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your use of the Websites, Services or Information; (ii) your connection or access to the Websites; (iii) any information, message, software or other material you submit, post, transmit or otherwise make available through the Websites; (iv) your violation of this Terms Of Use; or (v) your violation of any laws or rights of another.

 

Non-Commercial Use


The Websites are for the personal use of individual users only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Websites, including but not limited to collecting usernames and/or email addresses of users and subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

 

Content Provided by Third Parties


Third parties may provide stock quotes, charts, news, market updates, portfolio tracking, historical and other information on the Websites. Such third party information may be subject to market fluctuations and delays, including but not limited to delayed stock data, and should be used for general informational purposes only. Neither the Company nor any of its third party information providers shall be liable for any errors or delays in information or for any actions taken in reliance on the information.

 

Links


The Websites may provide links to other Internet websites or resources maintained by third parties. The Company and its affiliates do not endorse, operate or control in any respect any information, products, or services on such third-party links. You agree that the Company is not responsible or liable, directly or indirectly, for the availability of such third-party links and for any loss or damage caused by or in connection with the use of or reliance on any content, products or services available on or through any such third-party links.

The Website may provide links to other Internet websites where the trading of securities is possible. You acknowledge and agree that the Company shall not be responsible or liable for any trading activity that may be conducted on such linked sites. Dealings with Advertisers Your correspondence, business dealings with, or participation in promotions of advertisers found on or through the Websites, including payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Company shall not be responsible or liable for any loss or damage incurred by such dealings or caused by the presence of such advertisers on the Websites.

 

Modifications to Websites and Services


The Company reserves the right to modify or discontinue, temporarily or permanently, in part or in whole, the Websites, Services and Information without notice at any time. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Websites, Services and Information.

 

Privacy Policy


You should review the Company’s other policies to better comprehend its practices. Registration data and certain other information about you are subject to the Company’s Privacy Policy. For more information, please review the entire Privacy Policy.

 

Communication


As a part of the Services the Company provides to its users, the Company communicates via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. You have the option to remove yourself from various e-mail communications by following the directions for removal included in the e-mail. However, even though users may request removal from the distribution of certain e-mails, the Company reserves the right to send messages from time to time that it believes would interest its users.

 

Purchases


The Company is taking reasonable and appropriate encryption measures with respect to payment information that you provide on or through the Websites. However, you agree that the Company is not responsible or liable for any loss or damage incurred as a result of making purchases from or through the Websites. You agree that all information you are asked to provide in making such purchases, including credit card and other payment information, are accurate and complete. You agree that prices for products and services may change at any time and that you will pay all charges incurred on your account, credit card or other payment method for the prices in effect when such purchases are made. You also agree to pay any applicable taxes and fees relating to such purchases.

 

Termination


The Company reserves the right to immediately terminate your use of and subscription to the Websites or Services under certain circumstances and without notice. Cause for such termination shall include but not be limited to:

(i) breaches or violations of this Terms Of Use or other policies of the Company by you,

 

(ii) requests by law enforcement or other government agencies,

 

(iii) a request by you,

 

(iv) discontinuance or material modification to the Websites or Services (or any part thereof),

 

(v) unexpected technical or security issues or problems, (vi) extended periods of inactivity,

 

(vii) engagement by you in fraudulent or illegal activities,

 

(viii) nonpayment of any fees owed by you in connection with the Websites and Services, and/or

 

(ix) any conduct by you that the Company finds inappropriate in its sole discretion.

 

You agree that the Company shall not be responsible or liable to you or any third party for termination of the use of the Websites and Services and for the inability to access any information, products, services and third-party links as a result of such termination. The Company shall not be responsible or liable for notifying any third party of the termination of your use or forwarding any unread or unsent e-mails from any account that you may have to you or any third party.

 

Special Admonitions for International Use


Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

 

Entire Agreement


This Terms Of Use, along with the Company’s Privacy Policy, Editorial Policy and Disclaimer, constitutes the entire agreement between you and the Company and governs your use of the Websites and Services, superseding any prior agreements between you and the Company with respect to the Websites and Services. The Company reserves the right to modify this Terms Of Use from time to time without notice to you by posting such modification on the Websites. You agree to be bound to any modifications to this Terms Of Use when you use the Websites and Services after any such modification has been posted. You may also be subject to additional Terms Of Use that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software.

 

Choice of Law and Forum


This Terms Of Use and the relationship between you and the Company shall be governed by the laws of your country without regard to its conflict of law provisions. You and the Company each agrees to submit to the personal and exclusive jurisdiction of the courts located within your country.

 

Waiver and Severability of Terms


The failure of the Company to exercise or enforce any right or provision of this Terms Of Use shall not constitute a waiver of such right or provision. If any provision of this Terms Of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the provision, and that all other provisions of this Terms Of Use remain in full force and effect.

 

Statute of Limitations


You agree that notwithstanding any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Websites and Services or pertaining to this Terms Of Use must be filed within one (1) year after the occurrence of such claim or cause of action or be forever barred.

 

Section Titles


The section titles in this Terms Of Use are for convenience only and have no legal or contractual effect.


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Any opinions, news, research, analyses, prices or other information contained on this website, by FXFocus.net, its employees, partners or contributors, is provided as general market commentary and does not constitute investment advice. FXFocus.net will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

*Performance
Past performance is no indicator of future performance. Long term performance shows the potential volatility of returns over time. The value of investments and the income from them can fall as well as rise and is not guaranteed. You may not get back the amount originally invested. Fluctuations may be particularly marked in the case of a higher volatility model and the value of the investment may fall suddenly and substantially. Model portfolio composition and performance have been based on theoretical tracking of the model portfolio and are gross of fees and do not take tax positions into account. Please note that actual portfolios may not perform in the same manner as the models depicted in this document, depending on your personal Portfolio and any customisations. Rounding in the data may result in minor variations.

CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.

 
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