The terms and conditions below make up our Student enrollment agreement. By clicking the “Accept terms and Conditions” box on the the checkout page, you are agreeing to the student enrollment contract found below.
Student Enrollment Agreement:
This Agreement (the “Agreement”) is made effective the day of payment outlined in the emailed receipt upon payment and course registration. (the “Effective Date”), between FX 365 Institute (“FX365i”) and (“Student”), with reference to the following:
- Under the terms of this agreement, FX365i herein grants to Student a license of the FX365i System limited to personal, non-commercial use only. Student shall not, under any circumstances, modify or alter, appropriate, copy, duplicate, scan or image, sell, lease, loan or disclose to non-affiliated third parties, any of the FX365i System, except as authorized in the attached Agreement.
- As consideration for FX365i granting this license to Student, Student covenants and warrants to abide by the terms of this licensing agreement at all times during the term hereof, and to solely and exclusively utilize the FX365i System as permitted by FX365i as set forth from time to time by FX365i including but not limited to paying any and all use, enrollment, tuition or other fees charged to Student by FX365i in exchange for Student’s license to use the FX365i System.
- During the Term of this Agreement, Student shall at all times maintain his or her engagement with FX365i, in good standing. Notification of Student’s failure to maintain good standing will result in the termination of Student’s license pursuant to paragraph 5, below. Student’s obligations to FX365i are set forth in Section 2 which is attached hereto and incorporated as if fully set forth herein.
- Nothing herein or in any other agreement between FX365i and Student shall represent any guarantee, assurance, warranty, or promise to Student of success in Forex trading or any other endeavor by Student. This paragraph will survive the termination of this Agreement.
- FX 365i believes that Student should be aware of the risks associated with Forex trading. Forex trading is highly speculative in nature which can mean currency prices may become extremely volatile. Forex trading is highly leveraged, since low margin deposits normally are required, an extremely high degree of leverage is obtainable in foreign exchange trading. A relatively small market movement will have a proportionately larger impact on the funds Student has deposited. Student may sustain a total loss of Student’s funds. Since the possibility of losing Student’s entire cash balance does exist, speculation in the Forex market should only be conducted with risk capital Student can afford to lose which will not dramatically impact Student’s lifestyle.
- By enrolling in the course, Student accepts that Forex trading is a challenge and with it comes risk. Student also acknowledges that any associate of FX365i will not be held liable for any losses resulting from real trading decisions that Student makes either during the class or after completing the class/es. By signing this agreement, Student provides a waiver indicating his/her agreement to hold harmless FX365i associates and instructors.
- High Risk Investment
- Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Before deciding to trade foreign exchange, Student should carefully consider his/her investment objectives, level of experience, and risk appetite. The possibility exists that Student could sustain a loss of some or all of Student’s initial investment and therefore Student should not invest money that Student cannot afford to lose. Student should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if Student has any doubts.
- FX365I Market Opinions
- Any opinions, news, research, analyses, prices, or other information presented in materials and discussions are provided as general market commentary and does not constitute investment advice. FX365i will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
- Internet Trading Risks
- There are risks associated with utilizing an Internet-based deal execution trading system including, but not limited to, the failure of hardware, software, and Internet connection. Since FX365i does not control signal power, its reception or routing via Internet, configuration of Student’s equipment or reliability of its connection, FX365i cannot be liable for communication failures, distortions or delays when trading via the Internet.
- Limitations on Investment Guidance and Professional Advice
- FX365i does not provide legal, tax or investment advice. Student is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him/her based on Student’s personal investment objectives, financial circumstances and risk tolerance. Student should consult his/her legal or tax professional regarding Student’s specific situation.
- Intellectual Property
- The FX365i System is protected by applicable intellectual property laws. Except as expressly stated herein, Student may not without FX365i’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
- Third Party Content and Research
- The FX365i Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects. Some of this content may be supplied by companies that are not affiliated with any FX365i Entity (“Third Party Content”). FX365i does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
- While FX365i makes every attempt to provide accurate and timely information to serve the needs of its Students, neither FX365i nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and FX365i and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. Student will use Third Party Content only at his/her own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Accuracy of Information
- While FX365i has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. FX365i has taken reasonable measures to ensure the accuracy of the information on the Web site. However, FX365i does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or Student’s inability to access his/her Forex trading website.
- Use of Links
- The FX365i systems may contain links to websites operated by other parties. FX365i does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for Student’s reference only and FX365i excludes all liability and responsibility for the content or operation of these third party websites.
- Exclusion of Warranties
- FX365i DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FX365i’S MATERIALS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FX365I SYSTEM IS MADE AVAILABLE TO STUDENT “AS IS” AND “AS AVAILABLE” AND FX365i DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
- FX365i DOES NOT WARRANT THAT THE FX365i SYSTEM WILL MEET STUDENT’S NEEDS, OR THAT FX365I WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FX365i ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FX365I MATERIALS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY STUDENT THROUGH THE 365i SYSTEM WILL MEET HIS/HER EXPECTATIONS.
- Disclaimer and Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, FX365i WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FX365i SYSTEM AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FX365i HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- EXCEPT AS OTHERWISE REQUIRED BY LAW, FX365i WILL NOT BE LIABLE TO STUDENT OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FX365i DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
- IF STUDENT LIVES IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO STUDENT.
- As a condition of Student’s use of the FX365I System, Student agrees to indemnify and hold FX365i and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from Student’s use of the FX365i System, or from his/her violation of these Terms.
- FX365i reserves the right to terminate Student’s usage of the FX365I Systems broadcasts, and or software at any time, for any reason, with or without cause and without prior notice.
- If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
- Governing Law and Jurisdiction
- Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of California, without regard to principles of conflicts of law, and shall inure to the benefit of FX365i’s successors and assigns, whether by merger, consolidation, or otherwise. Unless a dispute would be governed by an applicable arbitration clause, Student will irrevocably agree to submit to the jurisdiction of the federal and state courts located within the state of California and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent FX365i from bringing any action in the courts of any other jurisdiction.
- FX365i Indicator End User License Agreement
- Forex 365 Institute (“FX365i”), AND EACH OF ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, “FX365i”) IS WILLING TO LICENSE THE SOFTWARE (defined below) TO STUDENT ONLY UPON THE CONDITION THAT STUDENT ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT (“EULA”). THIS EULA IS A LEGAL AGREEMENT BETWEEN STUDENT AND FX365i. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND/OR USING THE INDICATORS. BY USING THE INDICATORS STUDENT ACKNOWLEDGE THAT STUDENT HAS READ THE TERMS OF THE EULA AND AGREE TO THEM. IF STUDENT AGREES TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, STUDENT REPRESENTS THAT HE/SHE HAS THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF STUDENT DOES NOT HAVE SUCH AUTHORITY, OR IF STUDENT DOES NOT WISH TO BE BOUND BY THE TERMS, THEN STUDENT CANNOT USE THE INDICATORS IDENTIFIED BELOW OR ANY OTHER MEDIA ON WHICH THE INDICATORS ARE CONTAINED.
- Indicators. Indicators are defined as downloadable FX365i Forex trading settings and any associated data, media, files, user manuals, signals, messages, alerts and other documentation provided to Student by FX365i or otherwise disseminated by FX365i.
- License. License is defined as a limited, revocable, non-sublicenseable, non-exclusive, non-transferable right to use Indicators, granted to Student.
- Grant of End User License Agreement
- FX365i grants Student the right to install, use, access, display and run the Indicators on any computer or mobile device, where applicable, that Student owns or controls, for personal, non-commercial use, unless Student and FX365i have agreed otherwise in writing, and provided that Student comply with all terms and conditions of this EULA.
- Scope and Limitations
- Student may not rent, lease, lend, sell, redistribute, reuse, retransmit, sublicense or exploit the Indicators including the Indicator text, graphics, video, audio, codes, user interface design or logs. Student may not copy (except as expressly permitted by this EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Indicators, any updates, or any part thereof including but not limited to the Indicator text, graphics, video, audio, codes, user interface design or logs. Any attempt to do so is a violation of the rights of FX365i. The terms of the EULA will govern any upgrades provided by FX365i that replace and/or supplement the original Indicators, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- The Indicators are not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is Student’s responsibility to ascertain the terms of the EULA and comply with any local law or regulation to which Student is subject. Student shall not use or permit anyone to use the Indicators for any unlawful or unauthorized purpose.
- The information provided to Student in the FX365i System is the exclusive proprietary content of FX365i and where applicable, its third party vendors, licensors and the affiliates thereof. Nothing in this EULA shall provide Student with any proprietary rights in the Indicators or any information provided in the FX365i System.
- As a condition to this License Student understands and agree that to download and/or use the Indicators will expose Student to risks associated with the download and/or use of Indicators that may not be compatible with the computer equipment in use. Student hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. FX365i expressly disclaims any liability with respect to the foregoing, and Student agrees to fully indemnify, defend and hold harmless FX365i from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.
III. Links to Third Party Content
- Student may link to third party content through the use of the FX365i System. The third party sites are not under the control of FX365i and FX365i is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Inclusion of any link does not imply an endorsement by FX365i of the third party site.
- The License granted to Student under this EULA can be terminated by FX365i at any time without notice, with or without cause. FX365i reserves the right to terminate Student’s rights under this License without notice from FX365i if Student fails to comply with any term(s) of this EULA. Upon termination of the License, Student shall cease all use of the Indicators, and destroy all copies, full or partial, of the Indicators.
- Intellectual Property
- Student acknowledges that the Indicators are protected by copyright and other intellectual property laws. Student further acknowledge that all right, title and interest therein are the sole property of FX365i and its third party licensors, where applicable, and that Student receives no rights, title or interests in the Indicators except as expressly set forth herein. Student agrees not to challenge either FX365i’s or any third party licensor’s rights in or otherwise attempt to assert any rights in the Indicators, except those provided under this EULA.
- No Warranty
- FX365i DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE INDICATORS, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE SOFTWARE
IS MADE AVAILABLE TO STUDENT “AS IS” AND “AS AVAILABLE” AND FX365i DOES NOT WARRANT THAT ANY DEFECTS OR INAC
CURACIES WILL BE CORRECTED. FX365i DOES NOT WARRANT THAT THE INDICATORS WILL MEET THE NEEDS OF STUDENT, OR
THAT USE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FX365i ALSO MAKES NO WARRANTY THAT THE RESULTS
OBTAINED FROM THE USE OF THE INDICATORS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL RELATED TO THE INDICATORS WILL MEET EXPECTATIONS OF STUDENT. NO ORAL
OR WRITTEN INFORMATION OR ADVICE GIVEN BY FX365I OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
FX365i AND ITS THIRD PARTY CONTENT PROVIDERS, THIRD PARTY LICENSORS AND ANY AFFILIATES THEREOF DO NOT MAKE
ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE ACCURACY OR TIMELINESS OF ANY AND ALL INFORMATION PROVIDED
VIA THE INDICATORS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON AP
PLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.
VII. Limitation of Liability
- TO THE EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FX365i, ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY AFFILIATES THEREOF BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES (“LOSSES”), ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE INDICATORS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FX365i, ANY THIRD PARTY CONTENT PROVIDER, ANY THIRD PARTY LICENSOR OR ANY AFFILIATES THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, EXCEPT AS OTHERWISE REQUIRED BY LAW, FX365i WILL NOT BE LIABLE TO STUDENT OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FX365I DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY. USE OF ANY THIRD-PARTY SOFTWARE WILL BE GOVERNED BY THE APPLICABLE LICENSE AGREEMENT, IF ANY, WITH SUCH THIRD PARTY. FX365i IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SOFTWARE AND WILL HAVE NO LIABILITY OF ANY KIND FOR LOSSES RESULTING FROM THE USE OF SUCH THIRD-PARTY SOFTWARE WITH FX365i’S INDICATORS. FX365i MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO SUCH THIRD-PARTY SOFTWARE.
VIII. Governing Laws and Jurisdiction
- Unless otherwise agreed, this EULA and it’s enforcement is governed by the laws of the state of California, without regard to principles of conflicts of law, and shall inure to the benefit of FX365i’s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether Student resides or transacts business with FX365i in California or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Student irrevocably agree to submit to the jurisdiction of the federal and state courts located within the state of California and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent FX365i from bringing any action in the courts of any other jurisdiction. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
- Modifications to the EULA
- FX365i reserves the right to change the terms and conditions of the EULA at any time with or without.
- _Nothing contained herein shall be construed to create the relationship of employer and employee between the Student and FX365i.
- The parties agree that the term of this Agreement shall be for an initial period of 120 days, which shall be designated as the “preliminary period.” The parties agree that the terms and conditions of enrollment of Student contained in this Agreement shall continue to apply to any subsequently executed Addendum by the parties. Notwithstanding the foregoing, however, the provisions of this Agreement requiring Confidentiality shall survive any termination of this Agreement as provided for hereinafter.
_23. Term and Termination
- Student’s Acknowledgment of FX365i’s Interest in Protecting Information. Student recognizes that FX365i has expended, and will continue to expend, significant sums of money in developing the FX365i System. Student acknowledges that FX365i has certain trade secrets, know-how other Confidential Information to protect, and that unauthorized use of the FX365i System by Student would cause FX365i irreparable injury. Therefore, during the term of this Agreement, Student specifically agrees that he or she shall not compete or engage in the same or similar business as that of FX365i’s, whether directly or indirectly, in the geographic limitations of the United States, provided FX365i is still carrying on its business. This Covenant Not To Compete hereinafter referred as the “Covenant” shall apply to Student acting in an individual capacity or as an agent or employee of any person, firm, corporation, association or other entity, or in any other direct or indirect way that could be construed as being in competition.
- Consideration for Agreement. Student specifically recognizes that the Covenant is an integral part of the consideration for entering into this Agreement and that but for the Covenant, FX365i would not have entered into this Agreement with Student. Student acknowledges that FX365i’s market area extends throughout such geographical areas provided for in the Covenant, and that FX365i has trade secrets, know-how and other Confidential Information to protect in such areas. Student further acknowledges that he or she has carefully considered the time and geographical area limitations of the Covenant, agrees that they are not broader than is necessary to protect FX365i’s interests and are objectively reasonable, and waives any future right which he or she may have to contest them.
- Non-Solicitation. During the term of this Agreement, the Student will not directly or indirectly, either as an employee, employer, consultant, agent, principal, partner, stockholder, corporate officer, director, or any other individual of representative capacity, engage or participate in any business that is in competition in any manner whatsoever, with the business of FX365i. Student shall not, following the termination of this Agreement, either directly or indirectly, make known to any person, firm or corporation any Confidential Information Student became acquainted during his or her affiliation with FX365i.
Covenant to be Given Broadest Interpretation.
In the event a court or arbitration panel having jurisdiction finally determines that,
despite the parties’ explicit agreement to the contrary, and despite Student’ s agreement not to contest the Covenant, the time or
geographical area limitations of the Covenant are unreasonable, such limitations shall be reduced to the largest possible geographical
- Reformation of Covenant. If a court of competent jurisdiction should declare any provision set forth in this document unenforceable, then the parties hereto each acknowledge and agree that the court shall have the express authority to reform such provisions, and to grant to the parties other relief at law or in equity, as may be necessary to protect the parties respective interests.
- Materiality. The parties hereto specifically agree that a breach of the terms of the Confidentiality or Covenant Not To Compete sections of this Agreement shall he regarded as a material breach of the terms of this Agreement. Notwithstanding the foregoing, however, this section shall not be construed to imply a limitation on the materiality of any breach of any other provision of this Agreement.
- Enforceability. With respect to the Covenant Not To Compete of this Agreement, FX365i shall have the following rights and remedies:
- In the event of a breach or anticipatory breach, FX365i shall be entitled to a preliminary restraining order and injunction restraining Student from violating such provisions of this Agreement:
- Specific Enforcement. In the event of a breach or an anticipatory breach. FX365i shall have the right and remedy to have the Confidentiality and/or Covenant Not To Compete sections specifically enforced by any court having jurisdiction, it being acknowledged and agreed that any such breach will cause irreparable injury to FX365i and that money damages will not provide an adequate remedy;
- Damages for Breach. In the event of an actual breach, the right to recover damages for all losses, actual and contingent, and the right to require Student to account for and to pay over to FX365i all profits or other benefit derived or received by Student as a result of any transaction or conduct constituting such a breach. Student hereby agrees to account for and to pay over such benefits to FX365i.
- Liquidated Damages. The parties acknowledge that the breach of this Agreement, specifically the Confidentiality and/or Covenant Not To Compete sections, will result in actual damages and losses to FX365i which may be difficult to ascertain. Accordingly, the parties agree that in the event Student breaches this Agreement, Student agrees to pay FX365i the sum of the greater of Ten Thousand Dollars ($10,000. 00) or Ten times the value of lost sales and/or lost revenues resulting from Student’s breach, as liquidated damages for such breach.
Arbitration and Controlling Law.
Without limiting FX365i’s rights under the Enforceability section of this Agreement to obtain
injunctive relief in the event of a breach or anticipatory breach of the Confidentiality and/or Covenant Not To Compete sections, any
controversy, claim, or dispute arising or relating to this Agreement, or the construction, interpretation, breach, termination, and
enforceability or validity thereof, whether based on statute, tort, contract, common law, or otherwise and whether such dispute ex
isted prior to or arises after the date of this Agreement shall be resolved by binding arbitration pursuant to the rules of the American
Arbitration Association before the Judicial Arbitration and Mediation Service/Endispute. The venue for such arbitration shall be in
Oceanside, California. Upon a showing of good cause, the arbitrator shall permit any party to the arbitration to conduct discovery
in accordance with California law, subject to any limitations or restrictions the arbitrator should apply to any such discovery. The
award of the arbitrator may be for an amount of money and/or for specific performance or other equitable relief and shall be final,
binding, and enforceable in any court of competent jurisdiction. Either party is entitled to an application to Superior Court of the
State of California for the County of San Diego to compel arbitration and for an award of such equitable and/or provisional relief as
may be appropriate under the circumstances.
THE STUDENT ACKNOWLEDGES, BY HIS OR HER INITIALS THAT HE OR SHE FULLY UNDERSTANDS THIS ENTIRE ARTICLE.
- Refunds and Money Back Guarantee
Student traders that register for the course are expected to complete the virtual classroom and all course material including but not limited to trading logs, screen shots, weekly stats reporting and FX LIVE attendance as well as work with assigned mentor / instructor. All work must be checked by the administration for compliance to guarantee terms and conditions set forth in the Student Trading agreement. Refunds are handled on a case-by-case basis and there is no guarantee of complete or partial refund unless student has displayed a specific effort set forth to engage the material and apply the practices taught as taught by FX365i Inc.
- General Provisions
- Assignment. Neither this Agreement, nor any of the benefits to accrue hereunder, shall be assigned or transferred, either in whole or in part, without prior written consent of FX365i. Neither party may assign any rights or delegate any duties hereunder without the express prior written consent of the other.
- Amendments. No amendment to this Agreement shall be effective unless it shall be mutually agreed to, in writing, by FX365i and the Student.
- Enforceability. Should any part of this Agreement be found unenforceable, the remainder of the Agreement will remain valid and fully enforceable.
- Notices. Any notices required or permitted to be given hereunder by either party to the other party may only be given by personal delivery with a signed receipt acknowledgment or by registered or certified mail, postage prepaid, with return receipt requested. Notices shall be addressed to the parties at the addresses appearing beneath their respective signatures, but each party may change such party’s address by written notice given in accordance with this section. Mailed notices will be deemed communicated as of the earlier of the date that the notice is received by the party or three (3) business days after the date of mailing.
- Integration and Modification. This Agreement supersedes any and all agreements, either written or verbal, between the parties, with respect to the subject matter contained herein. Student acknowledges that he or she has read and understands the Agreement. This Agreement may be amended only by a writing signed by both parties.
- Severability. In the event any of the provisions or portions thereof, of this Agreement is held unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining provisions or provisions thereof, shall not be affected thereby.
- Headings. Headings in this Agreement are for convenience only, and shall not be used to interpret or construe its provisions.
- Binding effect. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective successors and assigns.
- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.