Terms of Use

FWTrader.com Terms of Use

1. Acceptance of Terms

These Terms of Use (the “TOU”) govern Your use of the Services (as defined below) we provide to you (referred to herein as “You” or “Your”) through http://FWTrader.com  (including any related sub-domains).  Please read these TOU carefully. By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Service, and we do not consent to provide You with access to the Service. In addition, when using a particular Service, You and FWTrader.com and affiliates (“FWTrader,” “we,” “our,” or “us”) shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.

FWTrader provides its users with access via FWTrader.com to:

• Free content including blogs written by employees, independent entities affiliated with FWTrader, content licensed by FWTrader, and content created by our users (“User-Generated Content”); and
• Premium content written by employees, independent entities affiliated with FWTrader, content licensed by FWTrader, paid for by You through subscription (the “Premium Service”).
• Free software written by employees, independent entities affiliated with FWTrader, and software contributed by FWTrader members.
• Software that may be licensed by paying a fee to the rights owner (“Developer”) of that software in transactions which may or may not be facilitated by FWTrader.

The Premium Service and the Free Service are collectively referred to herein as a “Service” or the “Services” subject to and in compliance with the terms and conditions set forth herein.

2. Changes to the TOU and Our Services

We reserve the right at any time to:

• Change the terms and conditions of the TOU;
• Change all or any portion of the Service, eliminating or discontinuing any content or feature of the Services (including but not limited to adding or removing particular Outside Contributors or our employees who create our Premium Services, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement); or
• Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).

Any changes we make to the TOU will be effective immediately after we post the modified TOU on FWTrader. In the event that You have the TOU cached on your browser, the TOU that applies to You is the most recent version of the TOU that appears on a non-cached browser. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently.

3. Important Disclaimer Regarding the Information We Provide

FWTrader is a publisher. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators of our Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand opinions found in content on the service may differ from other content on the service with regard to securities mentioned.  In addition, certain FWTrader affiliates and employees and independent content contributors may, from time to time, have long and short positions in, or buy or sell the investments, securities, or derivatives thereof, of companies mentioned in the Services and may take positions inconsistent with the views expressed.

You further understand that FWTrader and its employees, independent contractors, affiliates, Outside Contributors and creators of the Services may not and will not advise You personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. Past results are not necessarily indicative of future performance.

You understand that performance data is supplied by sources believed to be reliable, that the calculations therein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:

• performance results for the portfolio do not reflect actual trading commissions that You may incur;
• performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results;
• the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until 15 minutes after an email alert has been issued from an FWTrader server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time the alert was sent; and
• the prices of investments in the portfolio at the point in time You begin subscribing to the Premium Service may be higher than such prices at the time such investments were chosen for inclusion in the portfolio.

4. Registration and Privacy

In order to gain access to portions of the Service, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form and (b) maintain and promptly update Your registration data to keep it true, accurate, current and complete.

Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy.

As a member, You also have certain other obligations relating to Your account:

• You may not transfer to or resell Your use of or access to the Services to any third party;
• You are responsible for all activities that occur under Your account;
• You are responsible for maintaining the confidentiality of Your user name, member name and password; and
• You agree to notify us at support@fwtrader.com if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.

5. Subscription Cancellation for Premium Service

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

During the free-trial portion of Your subscription, if any, You may cancel Your subscription to the Premium Service at any time

Please note: Upon the expiration of Your free trial, You will be billed the applicable subscription fee and Your paid subscription will commence. If You are a monthly subscriber, You will not receive a refund or reimbursement of Your subscription fee after Your free trial period has ended.

Please also read the Subscription Renewal provisions, below.

6. Subscription Renewal for Premium Service

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

Your subscription will continue for the monthly or annual period You select during registration (the “Term”), and renew automatically at the end of the Term, unless You take action to not renew Your subscription . All recurring subscriptions are billed through PayPal and you must cancel the recurring payment from your PayPal account to cancel your subscription.  If You do not cancel your subscription as described above, the then-applicable monthly or annual fee for Your subscription will be billed automatically by PayPal.

Please note: You will not receive a refund or reimbursement of Your subscription fee after Your subscription has renewed.

You agree to pay all fees and charges incurred in connection with Your user name, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You will have 60 days from the date of charge to notify us concerning any discrepancies in Your credit card statement or any invoice; after that time, all charges will be deemed correct and no refunds will be given. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all attorneys’ and collection agency fees.

7. FWTrader’s Proprietary Rights

The Services and the content distributed through the Service, with the exception of any User-Generated Content (as defined below), is the property of FWTrader and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Service, solely for Your personal, noncommercial use. You acknowledge that You do not acquire any ownership rights by using the Service. If You are interested in reprinting, republishing or distributing content from FWTrader, please contact us. If you choose to submit content for publication through the Service, such as guest commentary or guest opinions, such content shall be exclusive to FWTrader.com, Inc., deemed to be property of FWTrader., and by submitting such content you irrevocably assign any and all rights to such content to FWTrader.

Because we host User-Generated Content as a part of portions of the Services and therefore redistribute User-Generated Content You give us, we need to obtain certain rights in those materials. By posting, sending or transmitting to us User-Generated Content, You grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such User-Generated Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User-Generated Content. None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

8. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.

In addition, in connection with Your use of the Service, You agree not to:

• Restrict or inhibit any other visitor from using the Service, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
• Use the Services for any unlawful purpose;
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites or any products made available therein;
• “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our websites; or
• Harvest or collect information about users of the Services without their express consent.

You also agree that at all times You will:

• Comply with all applicable laws, rules and regulations in connection with Your use of the Services and the content made available therein;
• Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
• Waive any and all rights against FWTrader and hold FWTrader harmless in connection with any claims relating to any action taken by FWTrader as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; and
• Maintain and promptly update Your registration data to keep it true, accurate, current and complete.

9. User-Generated Content

Certain areas of FWTrader may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of FWTrader are the sole responsibility of the person from whom such content originated. You acknowledge that You, and not FWTrader, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via Services thereof. FWTrader does not control the User-Generated Content and as such, does not guarantee the accuracy, integrity or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.

In order to comment, users must register with a valid email address and select a user name, member name and password. Please see “Registration and Privacy” above for our TOU regarding registering.

The following is an incomplete list of illegal and prohibited uses of Services. FWTrader may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.

You agree not to use FWTrader services to:

• Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment You post.
• Express or imply that any statements You make are endorsed by us, without our prior written consent;
• Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
• Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
• Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity.
• Post any content which, either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization
• Post any advertising, promotional materials, so called “chain letters”, “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
• Offer to sell or buy any product or service or use the services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
• Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
• Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security. Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market and/or
• Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

You may post only content owned by You, content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.

FWTrader  expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of FWTrader, You hereby grant, transfer and assign FWTrader., our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpertual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. FWTrader does not and cannot review all of the User-Generated Content posted by users on the services and is not responsible for such content. You shall remain solely responsible for all material. Although FWTrader reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.

FWTrader. retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, FWTrader has the right to delete any User-Generated Content that FWTrader believes, in its sole discretion, does or may violate the TOU.

You expressly agree that under no circumstances is FWTrader responsible, nor will FWTrader be liable for, any User-Generated Content or for any loss or damage of any kind, that arises or results from such User-Generated Content posted on any of its websites, or any comment deleted by FWTrader or its agents from any of its websites. This includes not only the comments posted, but also any external websites or resources, content, advertising, products, services or any other materials or information on or available from any person, firm or entity other than FWTrader, posted on any of its websites.

10. Disclaimer of Warranties

The Service, and any content obtained or accessed through the Service, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, FWTrader,  its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy or completeness of any information available through the Service.

FWTrader and its affiliates, suppliers, agents and sponsors do not warrant that Your use of the Services will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Services or the server(s) on which the Services are hosted are free of viruses or other harmful components. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Service, and all charges related thereto. You assume total responsibility and risk for Your use of the Services and Your reliance thereon. No opinion, advice, or statement of FWTrader or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that FWTrader shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

A possibility exists that content available through the Services could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the content available through the Services by third parties. Although we attempt to ensure the integrity of our websites and Services, we make no guarantees as to the completeness or correctness of any content available through the Service. In the event that such a situation arises, please contact us at support@fwtrader.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our websites, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.

Under no circumstances shall FWTrader be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

11. Software

Customers who purchase software licenses from FWTrader are granted by Developer a limited, non-exclusive, non-transferable license to use Software for Customer’s personal use only. This license does not convey to Customer any interest in or to the software, but only a limited right of use. The Software shall be utilized by Customer only in accordance with this agreement and shall not be copied into any other software (including any source code, object code or algorithms), modified or disclosed in any form by any media to any other person or party.

Customer acknowledges that the Software is not a trading system that gives specific buy and sell signals and that it is an indicator that provides the results of specific mathematical calculations and other logical operations described in documentation supplied with the software. Customer acknowledges that it is the Customer’s sole responsibility to determine his or her own specific trade entries and exits which may vary from those of other traders due to individual differences in trading style, financial market experience, trading expertise, financial objectives, risk tolerance, risk capital, and account size.

Developer will provide the customer with software for one trading system purchased by Customer and documentation supplied as a written document, video presentation, or both.

Customer will be responsible for obtaining a trading system and data feed necessary for using the indicator.

Neither Developer nor FWTrader shall not be liable for, and neither Customer nor any person on behalf of customer shall hold or seek to hold Developer or FWTRader liable for, any technical problems, system failures and malfunctions, equipment malfunctions, software failures and malfunctions, and other similar computer problems or defects. The Software is provided “as is,” and Developer and FWTrader disclaim, and Customer hereby expressly waives, all warranties, express or implied, including any warranties or guarantees with respect to the Software, including without limitation, Warranties of merchantability or fitness for a particular purpose. Neither Developer nor FWTrader shall be liable to Customer or any third part for any loss, cost, damage, or other injury, (including, but not limited to consequential, exemplary, special, indirect, incidental or punitive damages related to loss of data, loss of use of any equipment or goods, network downtime costs, or for loss of profit or revenues arising there from) whether in contract or tort arising out of or caused in whole or in part by Customer’s use of or reliance on the Software or its content even if Vendor is advised of the possibility of such damage. If some jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such jurisdictions, the joint liability of Developer and FWTrader.com shall be limited in accordance with this Agreement to the extent permitted by law.

Customer understands and acknowledges that there is substantial risk in trading securities, commodities, futures, options and other instruments with or without the licensed software, and that past results are not necessarily indicative of future results or performance.

Neither Developer nor FWTrader makes any representations concerning the suitability of the Software for use by Customer. Customer should determine for himself or herself whether, and to what extent, the use of the Software is suitable for Customer.

Customer will hold harmless and indemnify both Developer and FWTrader from and against any and all losses, costs, damages, liabilities, including reasonable attorneys’ fees, resulting directly or indirectly from the use of the Software by Customer of Customer’s agents, including any claims brought against Vendor that arise out of or relate to the use of the FibGrid indicator by Customer’s agents.

12. Limitation of Liability

NEITHER FWTRADER NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY SERVICE USED OR PURCHASED THROUGH FWTRADER WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

13. Indemnification

You agree to indemnify, defend and hold harmless  FWTrader, our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

14. Termination

FWTrader reserves the right to restrict, suspend or terminate Your use of and registration on any of its websites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. FWTrader reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of FWTrader, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund of any portion of the subscription fee paid by You.

You may terminate Your user account, user name, member name any associated email address and access to the Services by submitting such termination request to us.

15. Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.

If You believe in good faith that materials displayed on FWTrader  infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, FWTrader. 18 Winthrop Terrace, Wayland, MA 01778  email: support@fwtrader.com  withh the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.

16. Repeat Infringement

We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. Each user agrees that if his or her account is terminated under this policy, the user will not attempt to establish a new account or otherwise post content under any name, real or assumed, and further agrees that if the user violates this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, the user shall indemnify and hold us harmless for any and all liability that we may incur therefor.

17. Miscellaneous

The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. Those who choose to access the s from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.

The TOU, together with all FWTrader policies referred to herein, constitutes the entire agreement between You and FWTrader relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and FWTrader are governed by and construed in accordance with the laws of the State of Massachusetts, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TOU.