TERMS OF USE
Access and use of the Capital Market Services LLC (“CMS Forex”) Trading Power Course and Chartist Corner ("Power Course and Chartist Corner") is subject to compliance by you, the user (“You” or “User”) of the Terms of Use set forth herein. Please read this document carefully before accessing or using the content on the site.
By accessing or using the Content, You agree to the following Terms of Use. If You do not agree to be so bound, You may not access the Content on the site.
The Terms of Use set forth herein may be modified, at the discretion of CMS Forex, at any time, and any such modification shall be effective immediately upon the posting of the modified Terms of Use. Through Your continued access and use of the Content, You agree to periodically review these Terms of Use and to be bound by such future modification. Continued use of the CMS Forex website following any such change means You accept and will abide by the change.
OWNERSHIP OF POWER COURSE CONTENT
Power Course and Chartist Corner contains content which includes without limitation images, illustrations, designs, icons, photographs, video clips, sounds, text, data and other materials (the "Content") that is protected by copyright, trademark, trade dress, and/or other proprietary rights of CMS Forex and third-party content providers (all parties, including CMS Forex are singly and collectively the "Providers"). You agree to comply with any and all restrictions regarding use of the Content.
USE OF MATERIALS
NO CONTENT MAY BE COPIED, REPUBLISHED, UPLOADED, OR OTHERWISE DISTRIBUTED. YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. YOU MAY NOT ALTER OR MODIFY THE CONTENT IN ANY WAY.
NOTWITHSTANDING THE FOREGOING, YOU MAY DOWNLOAD ONE (1) COPY OF THE MATERIALS ON ANY SINGLE COMPUTER SOLELY FOR YOUR PERSONAL, NON-COMMERCIAL USE, SO LONG AS ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES REMAIN INTACT AND ARE PROMINENTLY DISPLAYED.
PASSWORDS
Your account at CMS Forex is password-protected so that only You can access it. CMS Forex strongly recommends that You do not provide your password information to anyone.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
No Warranties:
THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Disclaimer of Liability:
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CMS FOREX AND ITS PROVIDERS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
User's Waiver of Damages:
IN NO EVENT WILL CMS FOREX OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THE CONTENT (INCLUDING ITS PROVIDERS) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THE CONTENT. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE POWER COURSE AND CHARTIST CORNER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CMS FOREX NOR ITS PROVIDERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE POWER COURSE AND CHARTIST CORNER, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
Indemnification:
You agree to defend, indemnify and hold harmless CMS Forex and its Providers, their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of Your use of the Content.
GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of New York, regardless of the place of its physical execution and without regard to conflict of laws principles. Any suit brought hereon shall be brought in the state or federal courts sitting in, New York, the parties hereto waive any claim or defense that such forum is not convenient or proper.
TERMINATION
These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by destroying all copies of webinars and materials obtained from CMS Forex, whether accepted under the Terms of Use hereof or otherwise. These Terms of Use will terminate immediately without notice from CMS Forex if, in the sole discretion of CMS Forex, You fail to comply with any term or condition or provision of a term or condition of these TERMS OF USE. Upon termination by CMS Forex, You must destroy any copy of a seminar or materials obtained from this Site, whether accepted under the Terms of Use hereof or otherwise.