Terms of Services
Online Services
Agreement
This Online Services Agreement
(this "Agreement") applies to (i) the PFG website and trading
platform (the "Website") and (ii) the
electronic content contained on the Website, as well as
any features or content we may add in the future (the
"Services"). This Agreement serves as the
terms and conditions for the Website ("Terms and
Conditions"). In continuing to access or use the
Website, you agree to follow the Terms and Conditions of
this Agreement as they may apply to you. Customers of
PFG are also required to sign one or more separate
agreements ("Customer Agreements"). In the
event of any conflict between this Agreement and the
Customer Agreements, the conflicting terms of the
Customer Agreement shall control.
Scope and Effect of this
Agreement
The services provided herein are
operated by PFG, either alone or in conjunction with
its affiliates, agents and partners. To access any of
the Services, and as a condition to visiting and using
our Website generally, you must agree, without
modification, to the terms and conditions of this
Agreement. We may also ask you to follow additional
rules, guidelines or other conditions that govern the
use of a particular Service at the time you register for
or use that Service. This Agreement incorporates by
reference the rules and guidelines of any Service for
which you have registered.
Revisions and Relation
to Other Agreements or Disclosures
PFG may revise this Agreement at
any time, and you agree to be bound by future revisions.
This Agreement will always be available for your review
at the Terms and Conditions link at the bottom of the
pfgforex.com home page. In addition, PFG will advise
current registered users by e-mail of material changes
to the Terms and Conditions. PFG may offer other
services from time to time that are governed by
different or additional terms and conditions. The
Services are subject to any disclosures or disclaimers
found within the Services. PFG reserves the right to
modify or discontinue, temporarily or permanently, a
PFG Service (or any part thereof) with or without
notice. You agree that PFG will not be liable to you
or to any third party for any modification, suspension
or discontinuance of a Service.
Registration Information
and Requirements
When you register for a Service,
we may ask you to give us certain identifying
information ("Registration"). You agree to
provide true, accurate, current and complete information
about yourself. You also agree not to impersonate any
person or entity, misrepresent any affiliation with
another person, entity or association, use false headers
or otherwise conceal your identity from PFG for any
purpose. We agree to treat with care the information you
entrust to us, in accordance with the disclosures we
give during the Registration process and in our Privacy
Policy.
For your protection and the
protection of our other customers and Website users, we
ask you not to share your Registration information
(including passwords, usernames, and screen names) with
another person for the purpose of facilitating their
access and unauthorized use of the Service. You alone
are responsible for all messages posted, statements
made, or acts or omissions that occur within the Website
through the use of your Registration information. If you
believe that someone has used your Registration
information to access any Service without your
authorization, please call our Customer Service
Department immediately at 772-873-9674.
Limited License
PFG grants you a non-exclusive,
non-transferable and limited personal license to access
and use the Website. This license is conditioned on your
continued compliance with the terms and conditions in
this Agreement. You agree not to resell or permit access
to the Website to others and not to copy any materials
appearing on the Website for resale to others. You
further agree not to delete any copyright notices or
other indications of protected intellectual property
rights from materials that you print or download from
the Website. You shall not obtain any intellectual
property rights in or any right or license to use such
materials or the Website other than as set out herein.
Communications
Unless otherwise indicated for a
particular Service, any communications or material of
any kind that you e-mail, post or otherwise transmit
through the Services, including data, questions,
comments, or suggestions (your
"Communications") will be treated as
non-confidential and nonproprietary. You hereby grant a
license to PFG to reproduce, disclose, transmit,
publish, broadcast, or post your Communications either
on the Website or elsewhere with no liability or
obligation to you. PFG is free to use any ideas,
concepts, know-how, or techniques contained in your
Communications for any purpose including, but not
limited to, developing and marketing products using such
information.
PFG, its affiliates and agents
are entitled, but not obligated, to review or retain
your Communications. We may monitor your Communications
to evaluate the quality of service you receive, your
compliance with this Agreement, the security of the
Website, or for other reasons. You agree that PFGs
monitoring activities will not entitle you to any cause
of action or other right with respect to the manner in
which PFG monitors your Communications and enforces or
fails to enforce the Rules and Guidelines of any PFG
Service and the terms of this Agreement. In no event
will PFG be liable for any costs, damages, expenses or
any other liabilities incurred by you as a result of
PFG's monitoring activities.
Use of Services
The following requirements apply
to your use of any Service:
You will not
use any electronic communication feature of a Service
for any purpose that is unlawful, tortuous, abusive,
intrusive on another's privacy, harassing, libelous,
defamatory, embarrassing, obscene, threatening or
hateful.
You will not upload, post,
reproduce or distribute any information, software or
other material protected by copyright or any other
intellectual property right (as well as rights of
publicity and privacy) without first obtaining the
permission of the owner of such rights.
You will not collect or store
personal data about other users.
You will not use any Service
for any commercial purpose not expressly approved by
PFG in writing. You will not upload, post, e-mail or
otherwise transmit any advertising or promotional
materials, including without limitation, "junk
mail," "surveys," "spam,"
"chain letters," "pyramid
schemes," or any other form of solicitation or
unauthorized communication.
You will not upload, post,
e-mail or otherwise transmit any material that
contains viruses or any other computer code, files or
programs which might interrupt, limit or interfere
with the functionality of any computer software or
hardware or telecommunications equipment.
Market Information
We may make available to you
through one or more Services a broad range of financial
information that we obtain from our agents, vendors, or
partners ("Third Party Providers"). This
includes financial market data, quotes, news, analyst
opinions, and research reports. Collectively, we refer
to this as "Market Information." PFG does
not endorse or approve the Market Information, and we
make it available to you only as a service and
convenience. PFG and our Third Party Providers do not
(1) guarantee the accuracy, timeliness, completeness or
correct sequencing of the Market Information, or (2)
warrant any results from your use or reliance on the
Market Information. Market Information may quickly
become unreliable for various reasons including, for
example, changes in market conditions or economic
circumstances. Neither PFG nor the Third Party
Providers are obligated to update any information or
opinions contained in any Market Information, and we may
discontinue offering Market Information at any time
without notice. You agree that neither PFG nor the
Third Party Providers will be liable in any way for the
termination, interruption, delay, or inaccuracy of any
Market Information. You will not redistribute or
facilitate the redistribution of Market Information, nor
will you provide access to Market Information to anyone
who is not authorized by PFG to receive Market
Information.
Own Risk, Computer
Access, Maintenance of Protection
You agree to use the Website at
your own risk. You shall be responsible for providing
and maintaining the means by which to access the
Website, which may include without limitation a personal
computer, modem and telephone or other access line. You
shall be responsible for all access and service fees
necessary to connect to the Website and assume all
charges incurred in accessing such system. You further
assume all risks associated with the use and storage of
information on your personal computer.
You represent and warrant that (i)
you have implemented and plan to operate and maintain
appropriate protection in relation to the security and
control of computer viruses or other similar harmful or
inappropriate materials, devices, information or data
and (ii) you will not transmit to or in any way whether
directly or indirectly expose PFG or any of PFG's
online service providers to any computer virus or other
similar harmful or inappropriate material or device.
Technical Problems
You understand that while the
Internet and the World Wide Web generally are
dependable, technical problems or other conditions may
delay or prevent you from accessing the Website. PFG
shall not be liable for, and you agree not to hold or
seek to hold PFG or any of its service providers
liable for, any technical problems, system failures and
malfunctions, communication line failures, equipment or
software failures or malfunctions, system access issues,
system capacity issues, high Internet traffic demand,
security breaches and unauthorized access, and other
similar computer problems and defects. PFG does not
represent, warrant or guarantee that you will be able to
access or use the Website at times or locations of your
choosing, or that PFG will have adequate capacity for
the Website as a whole or in any geographic location.
PFG does not represent, warrant or guarantee that the
Website will provide uninterrupted and error free
service. PFG does not make any warranties or
guarantees with respect to the Website and its content,
including without limitation, warranties for
merchantability or fitness for a particular purpose.
Hyperlinks
PFG, may provide a link to other
sites that are controlled or offered by third parties.
The fact that PFG has provided a link to a site is not
an endorsement, authorization, sponsorship, or
affiliation with respect to such site, its owners, or
its providers. There are risks in using any information,
software, or products found on the Internet, and PFG
cautions you to make sure you understand these risks
before retrieving, using, relying upon, or purchasing
anything via the Internet. Links to these websites are
provided solely for your convenience, and you agree that
under no circumstances will you hold PFG liable for
any loss or damage caused by use of or reliance on any
content, goods or services available on other sites.
Trademarks and
Copyrights
All content, trademarks, services
marks, trade names, logos, and icons are proprietary of
PFG or its affiliates or agents and are protected by
United States copyright laws and international treaty
provisions. Nothing contained on the Website should be
construed as granting, by implication, estoppels, or
otherwise, any license or right to use any trademark
without the written permission of Market Educational
Institute or such third party that may own the
trademarks. Your use of the trademarks, or any other
content of the Website, except as provided herein, is
strictly prohibited.
Images displayed on the Website
are either the property of, or used with permission by,
PFG. You are prohibited from using or authorizing the
use of these images unless specifically permitted under
this Agreement. Any unauthorized use of the images may
violate copyright laws, trademark laws, the laws of
privacy and publicity, or other regulations and
statutes.
Limitation of Liability
and Indemnification
You agree to indemnify and hold
PFG and its affiliates, agents, employees, and
licensors (including the Third Party Providers) harmless
against all actions, claims, demands, proceedings,
damages, costs, charges and expenses incurred by PFG
(including, but not limited to, reasonable attorney
fees) arising out of or relating to (i) your violation
of this Agreement, state or federal securities laws or
regulations or any other person's rights, including but
not limited to infringement of any copyright or
violation of any proprietary or privacy right, or (ii)
any misrepresentation made by you or any breach of your
representations or warranties.
Term and Termination
The license granted under this
Agreement will terminate if PFG believes that any
information provided by you, including your e-mail
address, is no longer current or accurate, or if you
fail to otherwise comply with any term or condition of
this Agreement and all rules and guidelines for each
Service. Upon such violation, you agree to terminate
access to the Services. You agree that PFG, in its
sole discretion and with or without notice, may
terminate your access to any or all Services, and remove
and discard any information or content within a Service.
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