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 the Forex Cyborg software is an automated trading system. Trades are conducted automatically on your behalf and therefore do not require human intervention. Forex Cyborg developers shall assume no responsibility for investment choices or determinations. You shall not hold Forex Cyborg or any of its team, employees or affiliates liable for investment decisions. The team cannot advise you or comment concerning the nature, risk or suitability of any trade, transaction or investment strategy. You also recognize that Forex Cyborg does not give any legal or tax advice. The Forex Cyborg team are not liable for any damages or loss, including but not limited to, any loss of profit, which may arise indirectly or directly from the use of Forex Cyborg. 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.
Forex Cyborg is for your personal use only. You shall not distribute, copy, reproduce, exchange, modify, sell, or transmit anything from this site and the Forex Cyborg software and manuals. All materials on www.ForexCyborg.com, including but not limited to images, software and text, 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.ForexCyborg.com, limiting the use of the materials. Any unauthorized use of the materials on www. ForexCyborg.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
Forex Cyborg 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 Cyborg further reserves the right to change its charges any time by posting a modified schedule of pricing and rates on the Forex Cyborg website. Charges - All charges are refundable during the first 30 days from the date of purchase. Following 30 days from the date of purchase, no refunds will be made. You may need to contact the purchase provider regarding any requests for refunds within 30 days of the date of your purchase.
The Forex Cyborg team makes no representation or warranty regarding its compliance with local laws in foreign jurisdictions, or regarding the appropriateness of the websites content or its compliance with such local laws. You understand that the Forex Cyborg site is the only means of accessing the Forex Cyborg automated trading software. You agree that Forex Cyborg shall not be liable for any losses or damages you incur as a result of the unavailability of the Forex Cyborg website from foreign countries.
This agreement will be effective only upon our approval of your purchase. Forex Cyborg reserves the right to report to consumer and securities credit reporting agencies any debit balance or negative credit information pertaining to any Forex Cyborg purchase. The Forex Cyborg team further reserves the right to reject a Forex Cyborg purchase for any reason.
Forex Cyborg may terminate any or all of the services rendered under this agreement at any time and for any reason. You agree to reimburse Forex Cyborg 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 collaboration with others, including situations in which you have allowed third parties to use your purchase of the Forex Cyborg automated trading software in any such manner, Forex Cyborg shall assess against you, in addition to all other fees, damages and penalties to which it may be entitled, a fee per forged, faked, fictitious, stolen or otherwise unauthorized item or transfer. This fee shall constitute liquidated damages to compensate Forex Cyborg for the time and effort of the Forex Cyborg team in rectifying the said conduct.
You agree that your use of the Forex Cyborg Automated Trading Software will be licensed only to (1) your own personal MetaTrader 4 demo and/or live live trading account. You accept that a license will be processed only once the Forex Cyborg team have received your license request.
You agree that Forex Cyborg 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 Cyborg 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 any other reasons.
Additionally, you understand that the Forex Cyborg website is the primary means of processing your Forex Cyborg 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 Cyborg would not be liable for any losses or damages you might suffer as a result of such delays.
All parties to this Agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed. Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited. The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
Subject to the limited exceptions described below, you agree to submit to arbitration any dispute between you and Forex Cyborg and/or any of its members, officers, directors, employees. Any arbitration under this agreement will be conducted under the arbitration rules of the financial industry regulatory authority. Arbitration may be initiated by either of us serving written notice on the other. The arbitrators' ruling will be final and judgment on it may be entered in any court of competent jurisdiction.
Forex Cyborg reserves the right to pursue legal action against you through the state and federal courts or other appropriate jurisdiction in the event Forex Cyborg determines that you have committed fraud or other crimes against Forex Cyborg and/or third parties involving the funding of, transactions in, or withdrawals from your purchase(s) with Forex Cyborg. In such cases, you shall be deemed by this agreement to have accepted.
No person shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class action who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified, or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
This agreement will pass to the benefit of the Forex Cyborg team successors, assigns and agents. Forex Cyborg may assign its rights and duties under this agreement to any of its successors, subsidiaries or affiliates without giving you any prior 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 Cyborg.
To the extent permitted by law, Forex Cyborg 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. Forex Cyborg 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 Cyborg shall have no liability for and you agree to reimburse, indemnify and hold Forex Cyborg, its affiliates and their partners, directors, officers and employees and any person controlled by or controlling Forex Cyborg harmless from all expenses (including legal expenses and reasonable attorney's fees), Losses or damages that result from: (a) your or your agents' misrepresentation, act or omission or alleged misrepresentation, act or omission, (b) Forex Cyborg following your 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 Cyborg to perform any obligations to you, and (e) your failure to provide accurate information on your Forex Cyborg purchase application or to update that information as required.
U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.