Terms and Conditions


This website www.forexpatsbyexpats.com (the “Web Site”)  is owned and operated by Asuna International, LLC (the “Company”).   You must read and accept all of the terms and conditions of this terms of use and service and of the Privacy Policy, (both the terms of use and service and the Privacy Policy refered hereto as the “Agreement”).  If you do not agree to be bound by this Agreement, you may not use the Web Site.

This Agreement contains the terms and conditions that apply to an individual, company and/or user, as applicable (“User”, “you” or “your”) of the services (the “Services”) made available through the Web Site and is between You and the Company.  The Services are provided solely as a convenience to you.   Please read this Agreement carefully as it governs your use of the Services.

  1. By clicking on the “I ACCEPT” button, you acknowledge that you have agreed to all of the terms of this Agreement and that you have agreed to become a party to, and legally bound by, this Agreement. If you do not agree to all of the terms of this Agreement, click on the “I DECLINE” button. You will not be able to register as a User or be permitted to use the Services provided on www.forexpatsbyexpats.com whatsoever, if you click on the “I DECLINE” button.
  2. Modification or Discontinuation of Services. The Company may, in its sole discretion and at any time, modify or discontinue the Services, or any part thereof. For modified services, you may be requested to accept a modification or new agreement when you login to your account. If you do not accept the amended agreement, you will not have access to the Services. If you have any questions regarding this Agreement, please contact info@forexpatsbyexpats.com .
  3. Grant of License. The Services offered  are solely owned and provided by the Company. The Company hereby grants to you a non-exclusive, non-transferable, non-sublicenseable, world-wide license to use the Services for internal business purposes only subject to the restrictions in this Agreement. The Company reserves any rights not expressly granted herein. You shall be solely responsible for hardware and interconnections and telecommunications to access the Services.
  4. License Restrictions. You may not: (a) copy the Services or any software or programming related thereto; (b) permit other individuals or companies to use the Services; (c) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the Services or any software or programming related thereto; (d) rent, lease, transfer, resell and/or or otherwise transfer rights to the Services; or (e) delete or write over any portion of any software relating in any manner to the Services. You also agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, and that you shall not violate or infringe the rights of any third party. Any such forbidden use shall immediately and automatically terminate your license to use the Services without notice.
  5. Conditions of Service Fees.  Service fees only apply if you register in the Web Site as a  premium member.  All charges for services shall be at the then current prices. Upon entering this Agreement as a premium member, you must choose to pay for the Services either by direct charge to a credit or debit card. If you desire to pay by credit or debit card, you hereby authorize the Company to charge your credit or debit card to pay for any charges related to the Services that may apply to your account as they accrue on a monthly, quarterly, semiannual, or yearly recurring basis, as applicable. You must notify the Company of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by the Company. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assesses, other than taxes based on 's net income.
  6. Term and Termination. This Agreement may be terminated by any party immediately for any reason or no reason. Upon any termination of this Agreement, you shall immediately discontinue all use of the Services. In case of paid membership, if your membership is early terminated, the payments made will not be refunded.  Sections 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20 shall survive the termination, cancellation, or discontinuance of this Agreement.
  7. Your Information. You agree to provide true, accurate, current and complete transactional information and any information about your individual profile on the Web Site and to maintain and promptly update such information to keep it true, accurate, current and complete.  You also understand that you agree to the Privacy Policy as indicated above.
  8. Member User Name and Password. You will have the opportunity to create a user name and password during the registration process. Your personal email address may also be used as your username, and will be displayed on the site, if you do not opt to create a username, you are fully responsible for maintaining the confidentiality of your user name and password and all activities that occur under your user name and password. Your user name and password are for your use only. You agree to immediately notify by e-mail at info@forexpatsbyexpats.com of any unauthorized use of your password or account or any other breach of security.
  9. Proprietary Rights. The Services, including, without limitation, any of the Company’s internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of the Company , and you shall have no interest in them whatsoever.

10.  User Conduct. You are solely responsible for the contents of your transmissions through the Services. Your use of the Services is subject to all applicable local, state, national and international laws and regulations.

11.  Use Restrictions 

·         Copyright All Web Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of the Company, ALL RIGHTS RESERVED, or by the original creator of the material.  Permission is granted to display, copy, distribute, and download the materials on this Web Site for personal, noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.  You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Web Site for commercial use without prior written approval of the Company.  You may not “mirror” any material contained on this Web Site on any other server without prior written permission from the Company.  Any unauthorized use of any material contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

·         Trademarks.  The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Web Site are registered and unregistered Trademarks of the Company.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.  You acknowledge that the Trademarks used and displayed on this Web Site are and shall remain the sole property of the Company or the Trademark owner.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you.  Further, nothing in this Web Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Web Site, without the express written permission of the Company or the Trademark owner.  The misuse of the trademarks displayed on this Web Site, or any other content on the Site, is strictly prohibited.

·         Hyperlinks.  You are granted a limited, nonexclusive right to create a “hypertext” link to this Web Site provided that such link is to the entry page of this Web Site and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner.  This limited right may be revoked at any time for any reason whatsoever.  You may not use framing techniques to enclose any Company trademark, logo or trade name or other proprietary information including the images found at the Web Site, the content of any text or the layout/design of any page or any form contained on a page without the Company’s express written consent.  Links to third party sites on this Web Site are provided solely as convenience to you.  If you use these links, you will leave this Web Site.  The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof.  The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk.  You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.

·         Downloadable Materials.  Any software, including codes or other materials that are made available to download from this Web Site, is the copyrighted work of the Company and/or its suppliers and affiliates.  If you download software from this Web Site, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software.  You may not download or install the software until you have read and accepted the terms of the applicable software license agreement.  Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials.

·         Limited Access.  Except as otherwise expressly permitted by the Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited.  You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Web Site or the content contained therein without the Company’ prior, express, and written permission.  You will not spam or send unsolicited e-mail to any other user of the Web Site for any reason.  You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Company’s infrastructure.

12.  Additional Use Restrictions

  • You shall not post, transmit, e-mail, re-transmit or store material on or through any of the Services provided by the Company which, in the sole judgment of the Company: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you. You shall be responsible for determining what laws or regulations are applicable to its use of the Services. In addition, you may only use the Services in a manner that, in the Company’s sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the Company by clicking on “contact us” or at info@forexpatsbyexpats.com
    By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:

 

  • upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
  • harm minors in any way;
  • impersonate any person or entity, including, but not limited to, the Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
  • upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
  • upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Services that are designated for such purpose;
  • upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  • “stalk" or otherwise harass another;
  • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites; and

 

  • Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.

13.  Indemnification. You agree to immediately notify the Company of and indemnify and hold the Company, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, (including the unauthorized use of your account or any other breach of security known to you), the violation of this Agreement by you, or the infringement by you, or another user using your computer, on any intellectual property or other right of any person or entity.

14.  Disclaimer of Warranties. You agree that use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis, and the Company (including, without limitation, its independent consultants, subcontractors, distributors, or any client of (collectively, “ Company Third Parties”) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your communications, data, or personalization settings.

The Company and Company Third Parties hereby disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, quiet enjoyment, title, merchantability of computer programs and informational content.

Neither the Company nor any Third Parties make any warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, error or virus free; nor does make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the software driving the Services will be corrected.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data.

No advice or information, whether oral or written, obtained by you through the Services shall create any warranty not expressly made herein.

This Web Site, including all software, functions, materials, and information, is provided “as is” without warranties of any kind, either express or implied. The Company disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content.  The Company does not warrant or make any representations regarding the operation of this Web Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Web Site or any other sites linked to this Web Site.  The materials of this Web Site may be out of date, and the Company makes no commitment to update the materials at this Web Site. The Company does not and cannot guarantee or warrant that the files available for downloading from this Web Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.  The Company does not warrant that this Web Site, software, materials, products, or services will be uninterrupted or error-free or that any defects in this Site, software, materials, products, or services will be corrected.

15.  Limitation of Liability. Neither the Company, nor its parents, subsidiaries, affiliates, officers and employees, or any Company Third Parties shall be liable for any indirect, incidental, special or consequential damages, resulting from or concerning (i) the use or the inability to use the Services or your failure to comply with this Agreement, including but not limited to, damages for loss of profits, use, data or other intangibles, even if advised of the possibility of such damages. (ii) resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Web Site, any web sites linked to this Web Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Web Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

In no event shall the total and aggregate liability of any party under this Agreement for any cause of action or reason whatsoever exceed the Service fee paid by you. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services. The liability of any party under this Agreement shall be cumulative and not per incident.

16.  U.S. Government restricted rights . The materials on this Web Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations.  Use of the materials by the government constitutes acknowledgment of the Company’s or other owner’s proprietary rights in them.

17.  Transmissions .  Any material, information or idea you transmit to or post on this Web Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Company or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.  You are prohibited from posting or transmitting to or from this Web Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law.

18.  Notices. Unless otherwise provided herein, notices given by the Company to you will be given by e-mail. Notices will be sent to the e-mail address or mailing address you provide the Company as part of the registration process, or to updated addresses which you provide to the Company via notice consistent with this paragraph. Notices given by you to the Company must be given by e-mail to info@forexpatsbyexpats.com or such updated address and number as the Company may provide you consistently with this notice provision. Notwithstanding anything herein to the contrary, it is your sole responsibility to update your address for notices hereunder, and notice sent to the e-mail or conventional mailing address last provided by you to the Company shall be valid and binding on you regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

19.  Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut, in the United States of America, notwithstanding any conflict of laws provisions. You irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the state of Connecticut, for any litigation or controversy arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Courts of the State of Connecticut and (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.

20.  Miscellaneous. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company.


This Agreement was last revised on December 16, 2012