FX Recap Terms of Use

1.1 Binding Agreement

These Terms of Use govern your access to and use of fxrecap.com and all associated services, content, features, and functionality (collectively, the “Services”). By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

1.2 Right to Modify

FX Recap reserves the right to modify, update, or replace these Terms of Use at any time at our sole discretion. When we make material changes, we will update the “Last Updated” date at the top of these terms. Your continued use of the Website following the posting of revised terms constitutes your acceptance of those changes. We encourage you to review these terms periodically.

1.3 Eligibility

You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms of Use. If you are using the Website on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

2.1 License to Use

Subject to your compliance with these Terms of Use, FX Recap grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:

• Reproduce, distribute, modify, or create derivative works from Website content
• Use automated systems (bots, scrapers, crawlers) to access or extract content
• Republish, repost, or redistribute content without explicit written permission
• Remove or alter copyright notices, trademarks, or proprietary markings
• Frame, mirror, or create derivative works from the Website

2.2 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international law or regulation
• Transmitting viruses, malware, or other malicious code
• Attempting to gain unauthorized access to our systems, networks, or user accounts
• Interfering with or disrupting the Website’s operation or servers
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation
• Harvesting or collecting email addresses or other contact information of users
• Using the Website for any commercial purpose without our express written consent
• Engaging in spamming, phishing, or other fraudulent activities

2.3 Account Security

If you create an account on the Website, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate accounts that violate these Terms of Use.

3.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, videos, software, data compilations, and the compilation thereof (collectively, “Content”), is the property of FX Recap or our content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

3.2 Trademarks

The FX Recap name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FX Recap or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

3.3 DMCA Compliance

We respect the intellectual property rights of others. If you believe that any content on the Website infringes your copyright, please contact us with a detailed notice including: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief, and (e) a statement of accuracy under penalty of perjury.

4.1 No Financial Advice

FX Recap is not a registered investment advisor, broker-dealer, or financial planner. The information, analysis, reviews, and educational content provided on this Website are for informational and educational purposes only and should not be construed as personalized investment advice or recommendations. We do not provide financial, legal, or tax advice.

4.2 Accuracy and Completeness

While we strive to provide accurate, current, and complete information, we make no representations or warranties regarding the accuracy, reliability, completeness, or timeliness of any content on the Website. Information about brokers, trading platforms, fees, regulations, and market conditions can change rapidly and without notice. You should independently verify any information before relying on it.

4.3 Third-Party Content and Links

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by FX Recap. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly release FX Recap from any liability arising from your use of third-party websites or services.

4.4 Affiliate Relationships

FX Recap may earn affiliate commissions when you open accounts with brokers or purchase services through links on our Website. These affiliate relationships do not influence our editorial content, reviews, or rankings. See our Affiliate Disclosure for complete details about how we maintain editorial independence.

5.1 “As Is” Disclaimer

THE WEBSITE AND ALL CONTENT, SERVICES, AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FX RECAP DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

5.2 No Guarantee of Availability

We do not warrant that the Website will be available, uninterrupted, secure, or error-free. We do not warrant that defects will be corrected or that the Website is free of viruses or other harmful components. You assume all risk associated with your use of the Website.

5.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FX RECAP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO FX RECAP, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

5.4 Indemnification

You agree to indemnify, defend, and hold harmless FX Recap and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Website, (b) your violation of these Terms of Use, (c) your violation of any third-party rights, or (d) any content you submit or transmit through the Website.

6.1 Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using the Website, you consent to our collection and use of personal data as outlined in our Privacy Policy.

6.2 Cookies and Tracking

We use cookies, web beacons, and similar tracking technologies to enhance your experience, analyze usage patterns, and deliver personalized content. By using the Website, you consent to our use of these technologies as described in our Privacy Policy and Cookie Policy.

7.1 Submissions

If you submit comments, feedback, suggestions, testimonials, or other content to the Website (collectively, “Submissions”), you grant FX Recap a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, translate, distribute, and display such Submissions in any media.

7.2 Prohibited Content

You may not submit content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, tortious, obscene, offensive, profane, or that infringes upon intellectual property rights. We reserve the right to remove any content that violates these terms or is otherwise objectionable.

8.1 Right to Terminate

We reserve the right to suspend or terminate your access to the Website, with or without notice, for any reason, including but not limited to violation of these Terms of Use, fraudulent or illegal activity, or disruptive behavior. Upon termination, your right to use the Website will immediately cease.

8.2 Effect of Termination

All provisions of these Terms of Use that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

9.1 Governing Law

These Terms of Use and any dispute or claim arising out of or related to them shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law principles.

9.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms of Use or your use of the Website shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

9.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as a class action, consolidated action, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.

10.1 Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on the Website, constitute the entire agreement between you and FX Recap regarding your use of the Website and supersede all prior agreements and understandings.

10.2 Severability

If any provision of these Terms of Use is found to be unlawful, void, or unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of the remaining provisions.

10.3 Waiver

No waiver of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms of Use or your rights hereunder without our prior written consent. We may assign our rights and obligations under these terms without restriction.

10.5 Force Majeure

FX Recap shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.