PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE. Unauthorized use of FXDD TRADING S.A.C. (“FXDD”)'s Website and systems including but not limited to unauthorized entry into FXDD's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited. You acknowledge that FXDD may disclose and transfer any information that you provide through this Website to (i) any company within the group, its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate (including to countries outside the EEA), and by using and providing information through this Website you agree to such transfers. Use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

 

Copyright Notices

 

The works of authorship contained in the fxdd.com website (the "Website"), including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by FXDD. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without FXDD 's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of FXDD proprietary rights provided that you may download information and print out hard copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in Information, as downloaded.

 

Trademark Notices

 

The Progression Bars in the FXDD logo is a trademark of FXDirectDealer, LLC. Other featured words or symbols, used to identify the source of goods and services, may be the trademarks of their respective owners.

 

Web Content and Materials

 

The information on this Website is for information purposes only. It is believed to be reliable, but FXDD does not warrant its completeness, timeliness or accuracy. The information on the Website is not intended as an offer or solicitation of any security or any financial instrument. The information and materials contained in this Website - and the terms and conditions of the access to and use of such information and materials - are subject to change without notice. Products and services described, as well as associated fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all products and services are offered at all locations. You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you have with FXDD and (ii) in circumstances where locations of the Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. FXDD or its suppliers may discontinue or make changes in the information, products, or services described herein at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and FXDD does not undertake any obligation or responsibility to update or amend any such information. FXDD reserves the right to terminate any or all Website information, offerings or transmissions without prior notice to the user. Furthermore, by offering this Website and information, products, or services via the Website, no distribution or solicitation is made by FXDD to any person to use the Website or such information, products, or services in jurisdictions where the provision of the Website and such information, products, services is prohibited by law.

 

Potential Disruption of Service

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Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;overload of system capacities;damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;interruption (whether partial or total) of power supplies or other utility of service;strike or other stoppage (whether partial or total) of labor;governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of FXDD.

If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with FXDD, and such communications are disrupted or delayed, you may suffer losses.

 

LIMITATION OF LIABILITY

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BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE." FXDD AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. FXDD AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE. FXDD AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, FXDD AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND FXDD AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING FXDD RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL FXDD BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER FXDD HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

 

Links to Other Sites

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Links to non- FXDD Websites are provided solely as pointers to information on topics that may be useful to users of the FXDD Websites, and FXDD has no control over the content on such non- FXDD Websites. If you choose to link to a Website not controlled by FXDD, FXDD makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor does FXDD warrant that such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. FXDD does not guarantee the authenticity of documents on the Internet. Links to non- FXDD sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

 

Legal Entity Disclosure

 

FXDD and FXDD Trading are the marketing names for FXDD TRADING S.A.C. FXDD TRADING S.A.C. outsources certain backoffice services to third party providers.

 

Governing Law

 

In the event any of the terms or provisions of these Terms and Conditions shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms and Conditions shall be subject to any other agreements you have entered into with FXDD. The user's access to and use of the Website, and the terms of this disclaimer are governed by the laws and jurisdictions outlined in the agreements you have entered into with FXDD.

 

Miscellaneous

 

If there hasn't been any trades executed in your account within any given quarter (i.e., every 90 days), your account will be subject to a dormant account administrative fee (the “Fee”). The inactivity fees are based on the following schedule: for accounts inactive for less than 1 year - $40, for accounts inactive between 1 to 2 years - $50, for accounts inactive between 2 to 3 years - $60, for accounts inactive over 3 years - $70. If your account is assessed the Fee and your account balance is reduced to zero (0), your account will automatically be archived.

 

Pursuant to Provision 16(a), Charges, FXDD will permit one (1) free redemption per calendar month. After the first redemption per month, each additional redemption will result in a $40 charge to your account.

 

FXDD reserves the right to reverse all illicit proceeds (including trading gains, rebate and earned bonus) as a result of toxic flow /predatory trading. FXDD reserves the sole right in determining whether client’s trading is classified as toxic flow or predatory trading.

 

In order to open a Demo account or live account with FXDD, you must disclose private information about yourself. By providing completing the DEMO or live account application, you freely consent to FXDD processing and disclosing your Personal Information in accordance with the relevant laws and regulations. This information may also be used by FXDD to inform you about its services. Moreover, information about you may also be collected by any correspondence made with us by phone, e-mail or otherwise; including information which you enter when you register to use our site, subscribe to our service or any other activities carried out on our website or any connected applications.