You understand and agree to ACCEPT this Agreement is, legally, the same as manually signing this Agreement. FOREX ENVY reserves the right, upon notice to you, to change or terminate this Agreement. You agree that your use of FOREX ENVY after notice of change to this Agreement, or if you do not close your work with FOREX ENVY within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.
As an independent and self-directed investor, you acknowledge that you, alone, shall be responsible for determining the suitability of your investment choices and investment strategies, and you understand that FOREX ENVY is an automated trading system. Trades are done automatically and, thus, do not require human intervention. FOREX ENVY Staff shall assume no responsibility for investment choices or determinations. You shall not hold FOREX ENVY or any of its employees or affiliates or the Staff liable for investment decisions. The Staff cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy.
You also recognize that FOREX ENVY does not give legal or tax advice. FOREX ENVY and the Staff are not liable for any damage or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from use of FOREX ENVY. Additionally, you agree that no fiduciary relationship is formed and no fiduciary duty is owed to either party of this Agreement, by virtue of your purchase. You represent that you are of the age of majority as defined by the laws of the state of your home of record in order to enter into this agreement and be bound thereby.
You understand that you should be aware that trading Foreign Exchange carries a high level of risk, and you can lose some or all of your investment. The high degree of leverage that is often obtainable in forex trading, can work against you as well as for you. The use of leverage can lead to large losses as well as large gains. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Do not trade with money you can't afford to lose.
You understand and agree that we will not be liable or responsible for any loss or damage due to any reason. By using FOREX ENVY, you acknowledge that you are familiar with these risks and that you are solely responsible for the outcomes of your decisions. We accept no liability whatsoever for any direct or consequential loss arising from the use of this product. You understand and agree that past results are not necessarily indicative of future performance.
Membership subscription: A 60 day membership to Forex Envy is included from the date of your purchase. In order to keep your membership in good standing after 60 days you will be required to pay an ongoing membership renewal. Forex Envy renewal payments may be sent using Avanage, Paypal or Skrill. Subscription renewals dues are $39 once every 3 months, for a total of $156.00 USD per year. Failure to pay your membership renewal in a timely fashion will result in your membership being frozen which will deactivate the Forex Envy software. You can resume paying renewal fees if your membership has been frozen at any time.
Refund policy: You understand and agree that we do offer a 110% money back guarantee within thirty (30) days of purchase if your account balance has not increased provided you follow all the terms and conditions stated in our refund policy. Our 110% guarantee is strictly contingent on you specifying in your Profile page in the Members Area which Metatrader account and broker you will be applying the 110% offer to within seven (7) days from the date of purchase. This offer is only applicable to accounts exclusively using HV (High Volatility) or NV (Normal Volatility) Long Cycle currency pairs while following our guidelines for proper account setup found in our Getting Started section in the Members Area and Welcome Email. Any account not specified in your Profile page as your 110% Guarantee Metatrader account that experiences losses during or after 30 days of your purchase price will not be eligible for any kind of refund. If the Metatrader account that you specify to apply the 110% Guarantee to does not increase the size of your balance within the first thirty (30) days of purchase you may request a refund. In such case Avangate (www.avangate.com) will refund 100% of your purchase price, the remaining 10% will be refunded by Forex Envy via Paypal or Skrill. Once a refund is issued your membership with FOREX ENVY will be terminated. No refund of any kind will be granted if you do not follow the appropriate account set-up specified in our Getting Started section and Welcome Email.
Proof of Forex Envy's failure to increase your account balance will be required to receive your refund. In the case Forex Envy is unprofitable because of a poor connection between your trading account and your broker resulting in an uptime of less than 95% you will not be eligible for a refund. Our 110% guarantee only applies to trading accounts exclusively running Forex Envy.
If you run any other Expert Advisor or place any manual trades other than trades specified in the “Getting Started” section you will not be eligible for a refund.
FOREX ENVY is for your personal use only. It is strictly forbidden without our expressed written consent to manage non member funds using Forex Envy. This includes but is not limited to managed accounts or signal services. You shall not distribute, copy, reproduce, exchange, modify, clone, sell, or transmit anything related to our software (Forex Envy) or this Site. All materials on www.forexenvy.com, including but not limited to audio, images, software, text, and video clips, are protected by copyright under U.S. copyright law, international conventions, and other copyright laws.
You shall not use the materials, except as specified herein. You agree to follow the instructions on www.forexenvy.com, limiting the use of the materials. Any unauthorized use of the materials on www.forexenvy.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. FOREX ENVY reserves the right to refuse any Purchase at its sole discretion. You agree to pay the applicable charges and taxes that may apply at the time services are rendered to your purchase.
FOREX ENVY further reserves the right to change its charges any time by posting a modified schedule of Pricing and Rates on the FOREX ENVY web site. FOREX ENVY makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the Web site's content or its compliance with such local laws. You understand that the FOREX ENVY site is the only means of accessing the FOREX ENVY Expert Advisor. You agree that FOREX ENVY shall not be liable for any losses or damages you incur as a result of the unavailability of the FOREX ENVY Web site from foreign countries.
FOREX ENVY may terminate any or all services rendered under this Agreement at any time and for any reason. You agree to reimburse FOREX ENVY for any collection costs relating to any unsecured debit balance in your purchase, including attorney's fees, court costs, arbitration expenses, and interest. In cases of fraud or theft by you, acting alone or in concert with others, including situations in which you have allowed third parties to use your purchase of the FOREX ENVY Expert Advisor in any such manner, FOREX ENVY shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a $1,000 fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate FOREX ENVY for the time and effort of FOREX ENVY employees in rectifying said conduct.
You agree that FOREX ENVY will not be liable to you or to third parties for losses incurred directly or indirectly by causes reasonably beyond its control, including but not limited to, government restrictions, natural disasters, severe weather conditions, wars, strikes, terrorist attacks, exchange or market rulings, interruptions of data processing services or communications, disruptions in orderly trading on any market or exchange, unauthorized access or operator errors.
You agree that FOREX ENVY will not be liable to you for any losses or damages incurred by you (including lost profits, trading losses and similar damages) during periods of market volatility, peak demand, systems upgrades, maintenance or for other reasons. Additionally, you understand that the FOREX ENVY Web site is the primary means of processing your FOREX ENVY purchase and that, in the event of an interruption of communications systems or other hardware or software malfunction, access to view your purchase could be delayed. In the event of a significant outage, FOREX ENVY would not be liable for any losses or damages you might suffer as a result of such delays.
All communications sent by FOREX ENVY by any means will be deemed to have been received by you. You agree to advise us promptly of any changes to your e-mail and/or mailing address. You agree to advise FOREX ENVY promptly of any errors or omissions in any transaction or in the handling of your Purchase. Failure to provide prompt notice of any errors will be deemed to constitute acceptance of the accuracy of all information sent to you. This Agreement will pass to the benefit of any FOREX ENVY successors, assigns and agents.
FOREX ENVY may assign its rights and duties under this Agreement to any of its successors, subsidiaries or affiliates without giving you notice, or to any other entity on prior written notice to you. In addition, you agree that this Agreement and all terms hereof, will be binding on your heirs executors, administrators and personal representatives and any assigns permitted by Forex Envy. To the extent permitted by law, FOREX ENVY shall not be liable for any expenses, losses, damages, liabilities, demands, charges and claims of any kind or nature whatsoever (including without limitation any legal expenses and costs and expenses relating to investigating or defending any demands, charges and claims) ("Losses") by or with respect to the Purchase, except to the extent that such Losses are actual Losses proven with reasonable certainty, are not speculative, are proven to have been fairly within the contemplation of the parties as of the date hereof, and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from FOREX ENVY's gross negligence or willful misconduct and without limiting the generality of the foregoing, FOREX ENVY will not be liable for any indirect, special, incidental or consequential damages or other losses (regardless of whether such damages or other losses were reasonably foreseeable).
FOREX ENVY shall have no liability for and you agree to reimburse, indemnify and hold FOREX ENVY, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling FOREX ENVY harmless from all expenses (including legal expenses and reasonable attorney's fees), Losses or damages that result from: (a) you or your agents' misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) FOREX ENVY's following you or your agent's directions or failing to follow your or their unlawful or unreasonable directions, (c) any of your actions or the actions of your previous advisers or Custodian, (d) the failure by any person not controlled by FOREX ENVY to perform any obligations to you, and (e) your failure to provide accurate information on your FOREX ENVY Purchase Application or to update that information as required.