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| 4X GoldKeys Terms |
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Terms of Use
THIS AGREEMENT is entered into by and between Dubo, LLC (DBA 4xGoldKeys.com) (hereinafter, “The Service Provider”) and Subscriber (hereinafter, “You” or “Subscriber”), per the terms and conditions as set forth hereinbelow.
GOVERNMENT COMPLIANCE STATEMENT
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 or in any webinars or on-line trading conferences hosted by The Service Provider. 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.
All information on this website or any e-book or software purchased from this website is for educational purposes only and is not intended to provide financial advice. Any statements about profits or income, express or implied, does not represent a guaranty. Your actual trading may result in losses as no trading system is guaranteed. You accept full responsibilities for your actions, trades, profit or loss, and agree to hold The Service Provider and any authorized distributors of this information harmless in any and all ways.
The use of this system constitutes acceptance of our Terms of Use.
A. RECITATIONS.
IN AGREEING TO SUBSCRIBE TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, YOU ARE AGREEING THAT ALL DECISIONS THAT YOU, AND ANY THIRD PARTY WHO IS MADE PRIVY TO THE INFORMATION PROVIDED UNDER THIS AGREEMENT, MAKE (INCLUDING, BUT NOT BY WAY OF LIMITATION, TO TRADE OR NOT TO TRADE, SET PROFIT STOPS, SET LIMIT ORDERS, SET STOP ORDERS, SET MARGIN AND LEVERAGE FOR YOUR TRADING ACCOUNTS, DETERMINE LOT SIZES TO TRADE, DETERMINE TIMING OF EXITS AND ENTRIES FOR TRADES OR ANY OTHER TRADING DECISION) IN THE FOREX MARKET ARE YOURS AND YOURS ALONE AND THAT YOU TAKE FULL RESPONSIBILITY FOR THOSE DECISIONS AND THAT YOU WILL NOT ATTEMPT TO HOLD THE SERVICE PROVIDER OR ANY EMPLOYEE OR INTEREST HOLDER THEREOF LIABLE FOR THE CONSEQUENCES OF YOUR TRADING DECISIONS AND ACTIVITIES, IRRESPECTIVE OF WHAT USE YOU OR ANY THIRD PARTY MAY OR MAY NOT HAVE MADE OF THE INFORMATION PROVIDED BY THE SERVICE PROVIDER, AND YOU FURTHER ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT THE FOREX MARKET IS A HIGH RISK MARKET SUBJECT TO A VAST NUMBER OF INDETERMINABLE ECONOMIC, POLITICAL AND PSYCHOLOGICAL VARIABLES IN WHICH NO ONE SHOULD TRADE WITH MONEY THAT THEY ARE NOT PREPARED TO LOSE IN ITS ENTIRETY.
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The Service Provider is not a brokerage, financial planner, or investment advisor, and is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever. The Service Provider does not conduct or supervise market trading of third persons including the Subscriber. The Service Provider is not aware of the financial condition, goals, desires or plans of any person, and none of the information provided by The Service Provider is intended to reflect such awareness as to any person or entity. The Service Provider is in the business of providing information as to certain trading actions of an automated Forex trading methodology, an individual trader and/or persons designated by such individual trader (hereinafter “Trader”) (which information shall hereinafter be referred to as the “Information”). The Service Provider does not purport to offer, disclose or divulge any methods or systems upon which any of the trading decisions of such Trader, or anyone else, are based, including but not limited to the actions of such Trader concerning which The Service Provider provides Information pursuant to this Agreement. Moreover, The Service Provider does not purport to convey any advice of any nature by such Trader or anyone else. Simply put, The Service Provider will convey to subscribers Information that such the automated Forex trading methodology and/or Trader has taken certain actions based on a proprietary algorithm. It is up to each individual subscriber who receives such information whether or not to use such information, or, subject to the conditions set forth herein below, how to use such information. Neither The Service Provider nor such Trader intend for the provision of such Information to constitute investment advice, nor to constitute even a suggestion that any subscriber or any other person or entity would profit, financially or otherwise, from emulating the actions of such Trader or using the Information in any way, nor to constitute a suggestion that any subscriber or any other person or entity do anything at all. Further, The Service Provider makes no representations, warranties or guaranties concerning the Information to be provided pursuant to this Agreement, including but not limited to that such Information is fit for any particular purpose, or any purpose at all. Such Information is not intended to constitute investment advice, and Subscriber and/or any other person or entity who may become privy to the Information or the aforesaid actions of such Trader are expressly warned and cautioned from making any assumptions or presumptions at all concerning such Information, including but not limited to that such Information represents the use or application of logic, the use or application of any scientific methods or principles, the use or application of any mathematical methods or principles, or that the actions of such Trader are actions which are financially sound, logical, or supported by any scientific or mathematical principle whatsoever. If any subscriber or any other person or entity who may become privy to the aforesaid Information concerning the actions of such Trader takes any actions or make any decisions based upon the disclosure of such Information, it is with knowledge of the above express warnings and cautions of The Service Provider.
If You seek, desire or require investment advice, seek the advice of a qualified investment advisor.
If You seek, desire or require financial planning, seek the advice of a qualified financial planner.
If You seek, desire or require brokerage services, seek the advice and service of a qualified and licensed broker.
B. COVENANTS, PROMISES, REPRESENTATIONS, STIPULATIONS AND WAIVERS BY SUBSCRIBER:
In material consideration of the disclosure of the Information as to certain actions of automated Forex trading methodology and/or Trader as to his own account to Subscriber by The Service Provider, Subscriber makes the following Covenants, Promises, Representations, Recitals, Stipulations and Waivers:
1. Subscriber covenants, promises, stipulates, acknowledges and agrees that he will not disclose, reveal, give or otherwise impart any part or portion of the Information to any person or entity, including, but not limited to, Subscriber’s family, friends or brokers. Subscriber stipulates, acknowledges and agrees that none of the rights granted Subscriber pursuant to this Agreement, including but not limited to the right to receive the Information, may be assigned by Subscriber to any person or entity. Unless otherwise terminated by The Service Provider, all rights granted to Subscriber pursuant to this Agreement, including but not limited to the right to use the Information for any purpose, shall terminate on the death or incompetence of Subscriber. So as to protect the intellectual property, trade secrets and other interests of The Service Provider and to provide The Service Provider with all legal and equitable remedies to the maximum extent available in the event of a breach of this term of this Agreement by Subscriber, whether intentional, inadvertent, or otherwise, Subscriber stipulates to the issuance in favor of The Service Provider or its agent or assignee of a temporary restraining order, preliminary injunction, and permanent injunction against Subscriber or any person or entity acting on Subscriber’s behalf, at Subscriber’s instruction or with Subscriber’s authority, by any court of competent jurisdiction, enjoining all conduct in breach or in derogation of this term of this Agreement. Subscriber stipulates that such injunctive relief may be obtained, at the election of The Service Provider or its agent or assignee by ex parte application, without notice to Subscriber, and in this regard, Subscriber expressly waives to the maximum extent possible all Federal, State and Local statutes, ordinances, case decisions, rules or regulations requiring such notice.
2. Subscriber stipulates, acknowledges and agrees that none of the Information provided to Subscriber pursuant to this Agreement is, or under any circumstances will become, the property of Subscriber, or that such Information or any portion thereof may be assigned, disclosed or otherwise disseminated by Subscriber to any person or entity by any means whatsoever.
3. Subscriber stipulates, acknowledges and agrees that all parts of the Information to be disclosed to Subscriber pursuant to this Agreement are conveyed to Subscriber “as is,” and without warranties, representations or guaranties by The Service Provider of any nature, including, but not limited to, warranty of merchantability or of fitness for a particular purpose.
4. Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that The Service Provider is not a brokerage, financial planner, or investment advisor, is not in the business of providing investment advice, financial advice, or advice of any nature whatsoever, and does not conduct or supervise market trading of third persons including the Subscriber.
5. Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that this Agreement does not constitute an agreement by The Service Provider or anyone acting on its behalf to provide, either generally or specifically, investment advice, financial advice, or advice of any nature whatsoever.
6. Subscriber represents, stipulates, acknowledges and agrees that Subscriber has neither disclosed nor discussed with The Service Provider or anyone acting on its behalf any aspect of the financial condition, goals, desires or plans of Subscriber or of any other person or entity, and that neither Subscriber nor The Service Provider have done anything to make The Service Provider or anyone acting on its behalf aware, even in a general manner, of the financial condition, goals, desires or plans of Subscriber or of any other person or entity.
7. Subscriber stipulates, acknowledges and agrees that he will take no action with and/or involving the Information to be disclosed pursuant to this Agreement, which is contrary to the laws of the United States, or of the laws of any State or Territory of the United States. Subscriber shall indemnify The Service Provider and hold The Service Provider harmless from any and all claims of every nature whatsoever which may in any way be asserted and/or made against The Service Provider, or of Trader, as a result of the actions of Subscriber, or any person or entity acting on his or her behalf, at his or her instruction, and/or with his or her authority.
8. Subscriber shall pay to The Service Provider a Subscription Fee for the following service:
4xGoldKeys Signals are available on three major currency pairs: EUR/USD, GBP/USD and USD/CHF for both the London and New York sessions. The 4xGoldKeys Signals provide entries, stops and exits. The 4xGoldKeys Signals are web-delivered, and are accessible by logging into the Members area of 4xGoldKeys.com.
A subscription to the 4xGoldKeys Signals includes training on how effectively to trade the Signals through online video and documentation.
The 4xGoldKeys Signals are available for a monthly subscription rate of $350. Subscriptions will automatically be renewed each month and members’ credit cards will be charged. Members wishing to cancel a subscription must send an email request to support@4xGoldKeys. Cancellations require a 10-day advance written notice. There are no refunds.
4xGoldKeys provides specialized training for both novice/beginner and intermediate/advanced traders. Training is provided both in an online format as well as in-person seminars. A schedule of events and pricing are available at 4xGoldKeys.com
Subscriber hereby agrees to the subscription. Subscriber hereby authorizes The Service Provider to submit a charge against Subscriber’s credit card at the discretion of The Service Provider, for Subscriber’s Subscription Fee for the next succeeding billing period.
In the event Subscriber desires for The Service Provider to submit Subscriber’s Subscription Fee charges for the next succeeding month pursuant to this Agreement to a different credit card account, Subscriber shall notify The Service Provider of the same in writing not later than the fifteenth day of the month preceding such desired change. Such writings will be transmitted
by e-mail to support@4xgoldkeys.com.
9. Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that the Information to be provided to Subscriber pursuant to this Agreement is not representative of all of the actions of the aforesaid automated Forex trading methodology and/or Trader, either with respect to his own account or otherwise, and that all Information to be provided to Subscriber by The Service Provider shall be at the sole discretion of The Service Provider. Subscriber represents, stipulates, acknowledges and agrees that Subscriber understands that this Agreement does not obligate The Service Provider or the aforesaid Trader to provide to Subscriber or to any other person information concerning all of the trading actions in which the aforesaid Trader may engage, but only information concerning such trading actions as The Service Provider, in its sole discretion, may determine.
C. COVENANTS AND PROMISES BY THE SERVICE PROVIDER:
Subject to the full and complete performance of all terms and conditions of this Agreement, and in consideration of the promises, covenants, representations, and waivers of Subscriber as set forth in this Agreement, each of which is expressly and irrevocably deemed and agreed to constitute a material term of and consideration for the performance of The Service Provider as described herein, The Service Provider covenants and promises that The Service Provider shall provide to Subscriber, and to no other person or entity, the Information.
D. ADDITIONAL TERMS AND CONDITIONS:
1. This Agreement may be terminated in writing by either party at any time and for any reason. In the event that Subscriber or The Service Provider terminates this Agreement, such termination shall be effective at the end of the billing period in which such written notice of termination is received by Dubo, LLC, and Subscriber shall not be entitled to a refund of any portion of Subscriber’s aforesaid Subscription Fee for that billing period.
2. This Agreement is non-exclusive, and The Service Provider may provide the Information to any other subscribers, or to any other persons or entities, at its sole discretion.
3. No failure by The Service Provider to assert, object to, or act upon any violation, breach or failure of performance of this Agreement by Subscriber shall constitute a waiver of any right whatsoever by The Service Provider, either with respect to such breach or failure of performance, or to any later occurring breach or failure of performance.
4. The parties understand and agree that the agreements, undertakings, acts and other things done or to be done by each party in this Agreement shall run to, inure to the benefit of, and be binding upon their respective agents, attorneys, servants, employees, independent contractors, representatives and successors in interest.
5. The Service Provider shall not be liable to Subscriber or to any other person or entity for errors in transmission of the Information, or for Subscriber’s non-receipt of the Information for any reason whatsoever. The Service Provider disclaims all liability of any nature to Subscriber and Subscriber knowingly, intelligently and voluntarily accepts such disclaimer of liability in all respects. Further, Subscriber shall, and hereby does, individually and on behalf of Subscriber, his or her descendants, ancestors, dependents, heirs, executors, administrators, assigns, successors, attorneys, and Subscriber’s business entities and their officers, directors and shareholders, knowingly, intelligently and voluntarily fully release and forever discharge The Service Provider, and its members, principals, administrators, assigns, successors, attorneys, employees, and The Service Provider’s business entities, and their officers, directors and shareholders, from any and all manner of action or actions, cause or causes of action in law or in equity or otherwise, suits, debts, liens, contracts, agreements, promises, liabilities, claims, damages, demands, loss, obligations, cost or expenses of any nature whatsoever, known or unknown, fixed or contingent which now exist or which may arise in the future in connection with this Agreement, or through Subscriber’s use or application of the Information or otherwise.
6. IRC Productions, Inc., doing business as “USAForexTrader” is not a party to this Agreement and the parties to this Agreement individually and on behalf of their descendants, ancestors, dependents, heirs, executors, administrators, assigns, successors, attorneys, and their business entities and their officers, directors and shareholders, knowingly, intelligently and voluntarily agree to indemnify and hold harmless IRC Productions, Inc., doing business as “USAForexTrader”, and its members, principals, administrators, assigns, successors, attorneys, employees, and its business entities, and their officers, directors and shareholders, from any and all manner of action or actions, cause or causes of action in law or in equity or otherwise, suits, debts, liens, contracts, agreements, promises, liabilities, claims, damages, demands, loss, obligations, cost or expenses of any nature whatsoever, known or unknown, fixed or contingent which now exist or which may arise in the future in connection with this Agreement, or through Subscriber’s use or application of the Information or otherwise.
7. Nothing about this Agreement shall prohibit, limit, or restrict in any way the right of The Service Provider to utilize and/or to apply any presently existing or new technology which may become available so as to implement the provision of the services provided hereunder by The Service Provider, or any other services, which The Service Provider may hereinafter elect to provide, and the implementation or non-implementation of such technology shall be within the sole discretion of The Service Provider.
8. All agreements, covenants, representations and warranties, express and implied, oral or written, of the parties to this Agreement concerning its subject matter are contained herein. No other agreements, covenants, representations or warranties, express or implied, oral or written, have been made by any party to any other party concerning the subject matter of this Agreement. All prior and contemporaneous conversations, negotiations, possible and alleged agreements, representations, covenants and warranties concerning the subject matter of this Agreement are merged herein. This is an integrated Agreement, wholly embodying and limiting the understandings and agreements of the parties to the exclusion of all other understandings and agreements.
9. Subscriber stipulates, acknowledges and agrees that he or she relied solely upon his or her own judgment, belief and knowledge in entering into this Agreement. Subscriber further represents, stipulates, acknowledges and agrees that, in entering into this Agreement, he or she has not been influenced by any representations or statements concerning any matters made by The Service Provider or any other person, and that Subscriber freely enters into this Agreement.
10. The parties each agree that this Agreement is to be construed and interpreted without regard to the identity of the party drafting it. This Agreement is to be construed according to the laws of the State of Delaware. The parties agree that venue in any litigation arising from this Agreement or the services provided under this Agreement shall be exclusively within Wilmington, State of Delaware.
11. Should any of the provisions of this Agreement be declared or determined by any Court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall not be deemed to be a part of this Agreement.
12. Except as otherwise provided herein or as required by law, after the date of execution of this Agreement, Subscriber shall keep the terms of this Agreement confidential, except as is necessary to carry out effectively the terms of this Agreement.
13. If any action at law or equity, including an action for declaratory relief, is brought to enforce, interpret or construe the provisions of this Agreement or any agreements or instruments contemplated thereunder, the prevailing party shall be entitled to recover actual attorneys’ fees and costs, which may be determined by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.
These Terms of Use were last modified on July 31, 2008.
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