Terms and Conditions

Terms of Use ("Terms") govern your access or use of the applications, websites, content, products, and services (the "Services," as more fully defined below in Section 2) by Forexomatic, and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Forexomatic").

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Forexomatic.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Forexomatic may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET OUT IN SECTION 6 CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH FOREXOMATIC ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., a particular region webpage on forexomatic.com) or in connection with the applicable Service(s). Supplemental terms are in addition to and are incorporated herein by reference for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

Forexomatic may, in its sole discretion, amend the Terms from time to time. Amendments will be effective upon Forexomatic"s posting of such updated Terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. Unless material changes are made to the arbitration provisions set out below, you agree that modification of these Terms of Use does not create a renewed opportunity to opt out of arbitration.

Risk Warning

Risks Associated with FOREX and trading foreign currencies is a challenging and potentially profitable opportunity for educated and experienced traders. However, before deciding to participate in the FOREX market, you should carefully consider your trading objectives, level of experience and risk. Most importantly, do not invest money you cannot afford to lose.

There is considerable exposure to risk in any off-exchange foreign exchange transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price or liquidity of a currency or currency pair.

Moreover, the leveraged nature of forex trading means that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well as for you. The possibility exists that you could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain your position. If you fail to meet any margin requirement, your position may be liquidated, and you will be responsible for any resulting losses. Traders may lower their exposure to risk by employing risk-reducing strategies such as "stop-loss" or "limit" orders.

There are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. Forexomatic is not responsible for communication failures or delays when trading via the Internet. 

Any opinions, news, research, analyses, prices, or other information contained on this website are provided as general market commentary and do not constitute investment advice. Forexomatic is not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.

Trading foreign exchange on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Trading with high leverage may increase the losses suffered. Please use caution when using leverage in trading or investing. The possibility exists that you could sustain a loss of some or all of your initial account balance and therefore you should not trade money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading and seek advice from an independent financial advisor if you have any doubts. Forexomatic has taken reasonable measures to ensure the accuracy of the information on the website. The content on this website is subject to change at any time without notice.

  1. The Services

Forexomatic is a software company that develops expert advisors that utilize artificial intelligence to trade the forex market based on the settings you provide. The Services comprise software and related services (each, an "Application"), which provide a license for the use of software which enables Users to utilize artificial technology to trade on forex markets. Unless otherwise agreed by Forexomatic in a separate written agreement with you, the Services are made available solely for your personal, non-commercial use.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AN INDEPENDENT THIRD PARTY CONTRACTOR AND ARE NOT EMPLOYED BY FOREXOMATIC OR IT"S AFFILIATES AND THAT YOUR ABILITY TO REFER OR USE OF THE SERVICES AND HAS NO POWER TO BIND FOREXOMATIC TO ANY OBLIGATION AND YOU ARE RESPONSIBLE FOR ALL APPLICABLE INCOME, SALES, SOCIAL SECURITY, UNEMPLOYMENT OR OTHER TAX, LICENSE, OR FEE ARISING OUT OF YOUR ACTIVITIES HEREUNDER.

License

Subject to your compliance with these Terms, Forexomatic grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

(i)            access and use the Applications solely in connection with your use of the Services; and

(ii)          access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Forexomatic and Forexomatic"s licensors.

Restrictions

You may not:

(i)            remove any copyright, trademark or other proprietary notices from any portion of the Services;

(ii)          reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Forexomatic;

(iii)         decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;

(iv)         link to, mirror or frame any portion of the Services;

(v)          cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or

(vi)         attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

Provision of the Services

You acknowledge that portions of the Services may be made available under Forexomatic"s various brands or request options associated artificial intelligence software, including Forex trading software request brands currently referred to as "Forexomatic," "Hamilton or Hami," "Benjamin or Benji" and "Dexter or SteroidDexter" or "Logan" You also acknowledge that the Services may be made available under such brands or request options by or in connection with:

(i)            certain of Forexomatic"s subsidiaries and affiliates.

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Third-Party Services and Content

The Services may be made available or accessed in connection with third-party services and content (including advertising) that Forexomatic does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Forexomatic does not endorse such third-party services and content and in no event shall Forexomatic be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to the terms set forth in the applicable third-party beneficiary"s terms of service.

Ownership

The Services and all rights therein are and shall remain Forexomatic"s property or the property of Forexomatic"s licensors. Neither these Terms nor your use of the Services convey or grant you any rights:

(i)            in or related to the Services except for the limited license granted above; or

(ii)          to use or reference in any manner Forexomatic"s company names, logos, product and service names, trademarks or service marks or those of Forexomatic"s licensors.

  1. Access and Use of the Services

User Accounts

Users and Third-Party Providers must register for and maintain an active personal user account ("Account") and must be at least 18 years of age (or the age of legal majority in your jurisdiction if different than 18) to use the Services or be at least 21 years of age (or the age of legal majority in your jurisdiction if greater than 21) to be a Third-Party Provider of Services.

Account registration requires you to submit to Forexomatic certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Forexomatic. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activities that occur under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Forexomatic in writing

In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.  Further, you agree that you will:

  1. Not authorize third parties to use your Account;
  2. Not allow persons under the age of 18 (or the age of legal majority in your jurisdiction if different than 18) to receive services from Third-Party Providers unless they are accompanied by you;
  3. Not assign or otherwise transfer your Account to any other person or entity;
  4. Comply with all applicable law, statute, rule, permit, ordinance or regulation when accessing or using the Services;
  5. Not access or use the Services for unlawful purposes
  6. Not post or provide information trade results or any inference to trading using forex software without an approved income disclaimer. nor post  in a manner that is false, inaccurate, misleading, defamatory, libelous, abusive, profane, offensive, sexually oriented, threatening, or harassing;
  7. Not transfer or sell your Account, password or identification to another party; or
  8. Not discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation.

Requirements and Conduct of Third-Party Providers

You represent, warrant and agree that:

  1. You will not make any misrepresentation regarding Forexomatic, the Services or your status as a Third-Party Provider;
  2. You will not attempt to defraud Forexomatic or Third-Party Providers in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable payments for the Services in question.
  3. You agree that Forexomatic may use and share any information obtained about you with any of its affiliates and subsidiaries.
  4. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you (1099 tax form).

Referrals and Promotional Codes

Forexomatic may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third-Party Provider"s services, or other features or benefits related to the Services and/or a Third-Party Provider"s services, subject to any additional terms that Forexomatic establishes. You agree that Promo Codes:

(i)            must be used for the intended audience and purpose, and in a lawful manner;

(ii)          may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Forexomatic;

(iii)         may be disabled by Forexomatic at any time for any reason without liability to Forexomatic;

(iv)         may only be used pursuant to the specific terms that Forexomatic establishes for such Promo Code;

(v)          are not valid for cash; and

(vi)         may expire prior to your use. 

Forexomatic reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Forexomatic determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Forexomatic"s Terms.

User Provided Content

Forexomatic may, in Forexomatic"s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Forexomatic through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Forexomatic, you grant Forexomatic a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Forexomatic"s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that:

(i)            you are either the sole and exclusive owner of all User Content or you have all rights, licenses, consents Forexomatic the license to the User Content as set forth above; and

(ii)          neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Forexomatic"s use of the User Content as permitted herein will infringe, misappropriate or violate a third party"s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Forexomatic in its sole discretion, whether or not such material may be protected by law. Forexomatic may, but shall not be obligated to, review, monitor, or remove User Content, at Forexomatic"s sole discretion and at any time and for any reason, without notice to you.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network"s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Forexomatic does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

  1. Charges

You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Forexomatic will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.

All Charges and payments will be enabled by Forexomatic using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method has expired, is invalid, or otherwise not able to be charged, you agree that Forexomatic may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable unless otherwise determined by Forexomatic.

As between you and Forexomatic, Forexomatic reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Forexomatic" sole discretion. Forexomatic will use reasonable efforts to inform you of Charges that may apply, and that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Forexomatic may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider"s behalf. Forexomatic may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third-Party Providers or other third parties.

In certain cases, with respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Forexomatic will collect payment of those charges from you, on the Third-Party Provider"s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services.

5. Disclaimer; Limitation of Liability; Indemnity.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT FOREXOMATIC IN NO WAY GUARANTEES THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF SERVICES. AT NO TIME DOES FOREXOMATIC AGREE TO PROVIDE NOR IS ANY THIRD-PARTY PROVIDER OF SERVICES FOREXOMATIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FOREXOMATIC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

LIMITATION OF LIABILITY

FOREXOMATIC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF FOREXOMATIC, EVEN IF FOREXOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, FOREXOMATIC SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF:

(i)            YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES;

(ii)          ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER; OR

(iii)         ANY NON-PERFORMANCE OF SERVICES OR PARTS OF THESE SERVICES, WHETHER IMPOSED BY THIS AGREEMENT OR NOT, EVEN IF FOREXOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Forexomatic SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FOREXOMATICr" REASONABLE CONTROL.

YOU AGREE THAT FOREXOMATIC HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FOREXOMATIC LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON FOREXOMATIC" CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify, defend and hold Forexomatic and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys" fees), arising out of or in connection with:

(i)            your use of the Services or services or goods obtained through your use of the Services;

(ii)          your breach or violation of any of these Terms;

(iii)         Forexomatic"s use of your User Content; or

(iv)         your violation of the rights of any third-party, including Third-Party Providers.

  1. Arbitration Agreement

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Forexomatic on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Forexomatic, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Forexomatic by someone else.

Agreement to Binding Arbitration Between You and Forexomatic

You and Forexomatic agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Forexomatic, and not in a court of law.

You acknowledge and agree that you and Forexomatic are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Forexomatic otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Forexomatic each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party"s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

Rules and Governing Law

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA"s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.

The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. " 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida.

Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at www.adr.org or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint an Arbitrator in accordance with the AAA Rules.

Location and Procedure

Unless you and Forexomatic otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Forexomatic submitted to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator"s Decision

The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant"s individual claim. An Arbitrator"s decision shall be final and binding on all parties. An Arbitrator"s decision and judgment thereon shall have no precedential or collateral estoppel effect.

Fees

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Forexomatic will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes

Notwithstanding the provisions in this Section 6 above, regarding consent to be bound by amendments to these Terms, if Forexomatic changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Forexomatic written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided by email from the email address associated with your Account to: support@forexomatic.com." In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Forexomatic in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Severability and Survival

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties" ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must, therefore, proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall stay pending the outcome of any individual claims in arbitration.

  1. Other Provisions

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Indiana, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non- Indianians to assert claims under Indiana law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 6 of these Terms, are only intended to specify the use of Indiana law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Indiana to you if you do not otherwise reside in Indiana. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 6 or to any arbitrable disputes as defined therein. Instead, as described in Section 6, the Federal Arbitration Act shall apply to any such disputes. Notice.

Forexomatic may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Forexomatic, with such notice deemed given when received by Forexomatic, at any time by first class mail or pre-paid post to our registered agent for service of process, Forexomatic.

General

You may not assign these Terms without Forexomatic"s prior written approval. Forexomatic may assign these Terms without your consent to

(i)            a subsidiary or affiliate;

(ii)          an acquirer of Forexomatic"s equity, business or assets; or

(iii)         a successor by merger.

Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Forexomatic or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. Forexomatic"s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Forexomatic in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.