TERMS OF USE

THIS AGREEMENT GOVERNS YOUR USE OF THE FX ELEMENTS WEBSITE. TO LEARN ABOUT USAGE RIGHTS OF OUR CONTENT, PLEASE READ OUR LICENSE AGREEMENT.

This Website is owned and operated by FX Elements LLC (“FX Elements”). Access and use of this Website is provided by FX Elements to you on condition that you accept these Terms of Use, and by accessing or using this Website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Website.

FX Elements may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Website periodically. Your continued access or use of this Website after any such changes are posted will constitute your acceptance of these changes.

Use of the Site


This Website and its contents (the "Content") are intended for customers of FX Elements. You may not use this Website or the Content for any purpose not related to your business with FX Elements. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with FX Elements; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any FX Elements product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website. You may only use this Website for lawful purposes.

Intellectual Property


All materials (including the organization and presentation of such material) on this Website (the “Materials”) are the property of FX Elements and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with FX Elements, such as a License Agreement, any other use of these Materials without FX Elements's written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

You may not at any time, adopt or use, without FX Elements' prior written consent any word or mark which is similar to or likely to be confused with FX Elements' Materials. All other trademarks, product names, and company names or logos used or appearing on the FX Elements Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by FX Elements, unless expressly so stated.

Privacy


FX Elements is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Website Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Please see our Privacy Policy for further details.

Currency of Website


FX Elements updates the information on this Website regularly. However, FX Elements cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. FX Elements may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Websites


This Website may provide links to third party Websites for your convenience only. The inclusion of these links does not imply that FX Elements monitors or endorses these Websites. FX Elements does not accept any responsibility for such Websites. FX Elements shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Websites or linked resources.

Internet software or computer viruses


Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website.

FX Elements shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading of any of the Materials from this Website. FX Elements recommends that you install appropriate anti-virus or other protective software.

Website and Materials Provided "As Is"


THIS WEBSITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FX ELEMENTS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FX ELEMENTS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability


YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL FX ELEMENTS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIFTEEN ($15.00) US DOLLARS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification


You agree to indemnify and hold FX Elements and its officers, directors, employees, agents, successors and assigns, harmless against all claims or liability asserted against FX Elements arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Notice and Procedure for Making Claims of Infringement


FX Elements LLC respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FX Elements with a written communication addressed to our President including substantially the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Website;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
To report alleged copyright infringements, please contact support@fxelements.com.

Email


Feel free to email FX Elements at support@fxelements.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. FX Elements is not liable for any damages related to communications to or from this Website. You agree with respect to any information provided by you to us through this Website or via e-mail that:
- FX Elements has no obligation concerning such information;
- the information is non-confidential;
- FX Elements may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
- the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law

This Website is controlled, operated and administered by FX Elements from within the State of Oklahoma, USA. This Website can be accessed from all states of the United States, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Oklahoma, by accessing this Website, you acknowledge and agree that all matters relating to access to, or use of this Website shall be governed by the laws of the State of Oklahoma and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles).

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the State of Oklahoma and acknowledge that you do so voluntarily.

General

FX Elements’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

Contact

If you have concerns relating to this Website or these Terms of Use, please contact FX Elements at support@fxelements.com.

© 2012 FX Elements LLC. All rights reserved.