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1. Acceptance and changes
1.1 Binding agreement
These Terms govern your access to and use of fxrecap.com and all associated services, content, features and functionality (the "Services"). By using the Website you confirm that you have read, understood and agree to these Terms and to our Privacy Policy, which forms part of them.
1.2 Right to modify
FX Recap may modify, update or replace these Terms at any time at its sole discretion. When we make material changes we will update the date shown on this page. Continuing to use the Website after revised Terms are posted means you accept them, so please review them from time to time.
1.3 Eligibility
You must be at least 18 years old to use the Website. By using it, you confirm that you are 18 or over and legally able to enter into these Terms. If you use the Website on behalf of an organisation, you confirm that you are authorised to bind it to these Terms.
2. Permitted use and restrictions
2.1 Licence to use
Provided you comply with these Terms, FX Recap grants you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Website for personal, non-commercial purposes. This licence does not allow you to:
- reproduce, distribute, modify or create derivative works from Website content;
- use bots, scrapers, crawlers or other automated systems to access or extract content;
- republish, repost or redistribute content without our written permission;
- remove or alter copyright notices, trademarks or other proprietary markings;
- frame or mirror the Website.
Our free tools may be embedded on other sites only through the official code on our widgets page.
2.2 Prohibited conduct
You agree not to:
- break any applicable local, national or international law or regulation;
- transmit viruses, malware or other malicious code;
- attempt to gain unauthorised access to our systems, networks or any accounts;
- interfere with or disrupt the Website or its servers;
- impersonate any person or organisation, or misrepresent your affiliation;
- harvest email addresses or other contact information of users;
- use the Website for any commercial purpose without our written consent;
- send spam, phishing messages or carry out other fraudulent activity.
2.3 Account security
If you create an account on the Website, you are responsible for keeping your login details confidential and for all activity under your account. Tell us immediately about any unauthorised use or security breach. We may suspend or close accounts that break these Terms.
3. Intellectual property
3.1 Ownership
All content on the Website, including text, graphics, logos, images, videos, software, data compilations and their arrangement ("Content"), belongs to FX Recap or its 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 and 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 them without our prior written permission. Other names and marks on the Website belong to their respective owners.
3.3 Copyright complaints (DMCA)
We respect the intellectual property of others. If you believe content on the Website infringes your copyright, send us a 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, under penalty of perjury, that your notice is accurate.
4. Content and information disclaimers
4.1 No financial advice
All content is for educational and informational purposes only. FX Recap is not a registered investment adviser, broker-dealer or financial planner. Nothing on the Website is personal investment advice, a recommendation or a trading signal, and we do not give financial, legal or tax advice. Do not rely solely on the Website when making financial decisions.
4.2 Accuracy and completeness
We work to keep information accurate, current and complete, but make no representations or warranties about its accuracy, reliability, completeness or timeliness. Information about brokers, platforms, fees, regulation and markets can change quickly and without notice. Verify information independently before relying on it.
4.3 Third-party content and links
The Website links to third-party websites, services and resources that FX Recap does not own or control. We are not responsible for their content, privacy policies or practices, and by using the Website you release FX Recap from any liability arising from your use of them.
4.4 Affiliate relationships
FX Recap may earn affiliate commissions when you open accounts with brokers or buy services through links on the Website. These relationships do not influence our editorial content, reviews or rankings. See our Affiliate Disclosure.
Investment risk warning. Trading forex, CFDs and other leveraged instruments involves substantial risk of loss and is not suitable for all investors. You could lose some or all of your capital; do not invest money you cannot afford to lose. Consider your objectives, experience and risk tolerance before trading. Past performance is not indicative of future results. See our full risk disclosure.
5. Disclaimers and limitation of liability
5.1 "As is" basis
The Website and all content, services and features are provided "as is" and "as available", without warranties of any kind, express or implied. FX Recap disclaims all warranties, including 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, that defects will be corrected, or that it is free of viruses or other harmful components. You use the Website at your own risk.
5.3 Limitation of liability
To the maximum extent permitted by law, FX Recap is not liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or use, arising from or related to your use of the Website, whether in warranty, contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages.
In no event will our total liability to you for all damages, losses and causes of action exceed the greater of the amount you paid to FX Recap, if any, in the 12 months before the claim, or one hundred US dollars ($100).
5.4 Indemnification
You agree to indemnify, defend and hold harmless FX Recap and its officers, directors, employees, agents and affiliates against any claims, liabilities, damages, losses, costs or expenses (including reasonable legal fees) arising from: (a) your use of the Website; (b) your breach of these Terms; (c) your violation of any third-party rights; or (d) any content you submit through the Website.
6. Privacy and data collection
6.1 Privacy Policy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use and protect personal information. By using the Website you consent to that collection and use.
6.2 Cookies and tracking
We use cookies and similar technologies to analyse usage and improve the Website, as described in our Privacy Policy and Cookie Policy. By using the Website you consent to their use.
7. User submissions
7.1 Licence to submissions
If you send us comments, feedback, suggestions, testimonials or other content ("Submissions"), you grant FX Recap a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, publish, translate, distribute and display them in any media.
7.2 Prohibited content
You may not submit content that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of privacy, obscene or offensive, or that infringes intellectual property rights. We may remove any content that breaks these Terms or is otherwise objectionable.
8. Termination and suspension
8.1 Right to terminate
We may suspend or end your access to the Website, with or without notice, for any reason, including breach of these Terms, fraudulent or illegal activity or disruptive behaviour. Your right to use the Website then ends immediately.
8.2 Effect of termination
Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnities and limitations of liability.
9. Governing law and dispute resolution
9.1 Governing law
These Terms, and any dispute or claim arising from or related to them, are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles.
9.2 Arbitration
Any dispute, controversy or claim arising from these Terms or your use of the Website will be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will take place in Delaware, and judgment on the award may be entered in any court with jurisdiction.
9.3 Class action waiver
Any arbitration or legal proceeding will be conducted on an individual basis, not as a class, consolidated or representative action. You waive the right to take part in a class action lawsuit or class-wide arbitration.
10. General provisions
10.1 Entire agreement
These Terms, with our Privacy Policy and any other legal notices published on the Website, are the entire agreement between you and FX Recap about your use of the Website and replace all earlier agreements and understandings.
10.2 Severability
If any provision is found unlawful, void or unenforceable, it will be severed and the remaining provisions will stay in force.
10.3 Waiver
No waiver of any term is a further or continuing waiver of that or any other term, and our failure to enforce a right is not a waiver of it.
10.4 Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.
10.5 Force majeure
FX Recap is not liable for any failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, accidents, network failures, strikes, or shortages of transport, facilities, fuel, energy, labour or materials.
Contact
Questions about these Terms, or reports of violations: [email protected].