TERMS AND CONDITIONS

1. NO GUARANTEE OF PERFORMANCE, RESULTS OR ANY OTHER ANTICIPATED RETURN ON INVESTMENT IS OFFERED BY FX UNIVERSAL AT ANY TIME. CURRENCY TRADING INCLUDES HIGH RISK AND SUBSCRIBER CAN LOSE SOME OR ALL OF SUBSCRIBER’S INVESTMENT CAPITAL.

2. IT IS ESSENTIAL THAT A DEMO SIMULATION ACCOUNT BE FIRST USED EXTENSIVELY BEFORE COMMENCING TRADING ACTIVITY ON A FOREX TRADING ACCOUNT USING REAL FUNDS. SOFTWARE IS STRICTLY FOR USE BY SUBSCRIBERS WITH EXCESS RISK CAPITAL AND WHO ARE FULLY AWARE OF THE INHERENT RISKS INVOLVED IN FOREX TRADING. THE HIGH DEGREE OF VOLATILITY WITHIN THE FOREIGN EXCHANGE MARKET, AND THE ABILITY TO LEVERAGE POSITIONS MEANS THAT LOSSES CAN BE QUICK AND SIGNIFICANT. IT IS THE SUBSCRIBER’S RESPONSIBILITY TO ENSURE THAT SUBSCRIBER FULLY UNDERSTANDS THESE CONDITIONS BEFORE PROCEEDING FURTHER.

3. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

4. SOFTWARE AND ANY RELATED PRODUCTS ARE ANALYTICAL TOOLS ONLY AND ARE NOT INTENDED TO REPLACE SUBSCRIBER’S RESEARCH OR LICENSED INVESTMENT ADVICE.

5. TESTIMONIALS ARE NON-REPRESENTATIVE OF ALL SUBSCRIBERS; CERTAIN SUBSCRIBERS MAY HAVE WORSE PERFORMANCE THAN THAT INDICATED.

6. BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, SUBSCRIBER AGREES THAT THE AUTHOR AND ANY OTHER ENTITIES ASSOCIATED WITH FX UNIVERSAL SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER ARISING FROM ITS USAGE.

7. FX UNIVERSAL HEREBY GRANTS TO SUBSCRIBER A LICENSE TO USE THE SOFTWARE FOR SUBSCRIBER'S PERSONAL TRADING ONLY. THIS LICENSE DOES NOT CONVEY TO SUBSCRIBER ANY INTEREST IN OR TO THE SOFTWARE, BUT ONLY A LIMITED RIGHT OF USE REVOCABLE BY THE TERMS OF THIS AGREEMENT. THE SOFTWARE SHALL BE UTILIZED BY SUBSCRIBER ONLY IN ACCORDANCE WITH THIS AGREEMENT.

8. THE SUBSCRIPTION AUTHORIZES INSTALLATION OF THE SOFTWARE FOR SUBSCRIBER’S SOLE, PERSONAL AND PRIVATE TRADING USE ONLY. SOFTWARE AND SUBSCRIPTIONS NECESSARY TO OPERATE SOFTWARE SHALL AT ALL TIMES REMAIN THE PROPERTY OF FX UNIVERSAL, AND SUBSCRIBER IS ONLY BEING GRANTED A RIGHT TO USE LICENSE FOR THE SOFTWARE, WHICH MAY BE REVOKED BY FX UNIVERSAL, IF THE SOFTWARE IS USED IN ANY MANNER INCONSISTENT WITH THIS AGREEMENT. SUBSCRIBER REPRESENTS AND WARRANTS THAT SUBSCRIBER WILL NOT PARTICIPATE IN ANY COMMERCIAL VENTURE WHATSOEVER, WHEREIN THE USE AND RELIANCE ON THE SOFTWARE IS IN ANY WAY PART OF SAID COMMERCIAL BUSINESS VENTURE.

9. SUBSCRIBER DOES NOT HAVE THE AUTHORITY TO RESELL OR OTHERWISE TRANSFER THE LICENSE TO ANY THIRD PARTY WITHOUT THE EXPRESS WRITTEN CONSENT OF FX UNIVERSAL, AND ANY SUCH ACTION BECOMES GROUNDS FOR FX UNIVERSAL TO IMMEDIATELY REVOKE SUBSCRIBER’S SUBSCRIPTION.

10. SUBSCRIBER WILL PREPAY FX UNIVERSAL PUBLISHED CHARGES FOR SUBSCRIPTION. THE TERM OF THE SUBSCRIPTION SHALL BE THE PERIOD OF TIME FOR WHICH SUBSCRIBER HAS PREPAID THE FEE CHARGED BY FX UNIVERSAL. ANY SUBSCRIPTION FEE PAID IS NON-REFUNDABLE. NO REFUNDS ARE GRANTED FOR PARTIAL USAGE OF PAID SUBSCRIPTIONS. THE SUBSCRIPTION SHALL IMMEDIATELY TERMINATE IF A REQUIRED PAYMENT IS NOT PAID WHEN DUE.

11. FX UNIVERSAL PROVIDES A 10-DAY TRIAL SUBSCRIPTION FOR THE SOFTWARE. TRIAL SUBSCRIBERS WILL NOT AUTOMATICALLY BE ENROLLED INTO A RENEWING SUBSCRIPTION AFTER THE 10-DAY TRIAL EXPIRY. SUBSCRIBERS THAT WOULD LIKE TO CONTINUE USING THE SOFTWARE SHOULD SPEAK WITH A CUSTOMER SUPPORT REPRESENTATIVE. DETAILS FOR OBTAINING A NEW SUBSCRIPTION WILL ALSO BE PROVIDED TO TRIAL SUBSCRIBERS TOWARDS THE END OF THE 10-DAY TRIAL PERIOD BY EMAIL AND/OR TELEPHONE. BI-MONTHLY SUBSCRIPTION PACKAGE IS BILLED ON A RECURRING BASIS. RECURRING SUBSCRIPTIONS WILL RENEW INDEFINITELY UNTIL A LEGITIMATE REQUEST FOR CANCELLATION IS COMMUNICATED BY SUBSCRIBER TO FX UNIVERSAL.

12. SUBSCRIBER UNDERSTANDS THAT REQUESTS FOR SUBSCRIPTION CANCELLATIONS MUST BE IN WRITING, AND MAY BE SENT BY E-MAIL TO INFO@FXUNIVERSAL.COM OR BY FAX TO 646-349-2054. SUBSCRIBER UNDERSTANDS THAT ORAL TERMINATION WILL NOT BE ACCEPTED AND THAT IF SUBSCRIBER REQUESTS CANCELLATION PRIOR TO THE END OF A PERIOD FOR WHICH SUBSCRIBER HAS ALREADY PAID FX UNIVERSAL’S SUBSCRIPTION CHARGES FOR THE SOFTWARE AND LICENSE, SUBSCRIBER WILL NOT RECEIVE A REFUND OF SUCH PAYMENT. SUBSCRIBER FURTHER ACKNOWLEDGES THAT REQUESTS FOR CANCELLATION MUST BE COMMUNICATED AT LEAST 5 DAYS PRIOR TO SUBSCRIPTION RENEWAL DATE. NO REFUNDS WILL BE GIVEN IF SUBSCRIPTION HAS ALREADY RENEWED. IF THE REQUEST FOR CANCELLATION IS NOT RECEIVED AT LEAST 5 BUSINESS DAYS BEFORE THE NEXT TERM BEGINS, SUBSCRIBER’S ACCOUNT WILL BE CANCELLED ON THE LAST DAY OF THE FOLLOWING TERM.

13. SUBSCRIBER FURTHER AGREES THAT PAYMENTS FOR SUBSCRIPTIONS ARE NOT DISPUTABLE ON GROUNDS OF TRADING LOSSES. THERE IS ALWAYS A RELATIONSHIP BETWEEN HIGH REWARD AND HIGH RISK. ANY TYPE OF MARKET OR TRADE SPECULATION THAT CAN YIELD AN UNUSUALLY HIGH RETURN ON INVESTMENT IS SUBJECT TO UNUSUALLY HIGH RISK. IN THE EVENT OF ANY FAILURE BY SUBSCRIBER TO MAKE PAYMENT, OR SUBSCRIBER INITIATES A CHARGE-BACK, SUBSCRIBER WILL BE RESPONSIBLE FOR ALL REASONABLE EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED BY FX UNIVERSAL IN COLLECTING SUCH AMOUNTS PLUS INTEREST AT THE RATE OF 10% PER ANNUM OR THE MAXIMUM AMOUNT PERMITTED BY LAW, WHICHEVER IS GREATER.

14. INFORMATION OBTAINED FROM THE SOFTWARE MAY NOT BE RE-SOLD BY SUBSCRIBER, NOR POSTED OR DISTRIBUTED IN ANY PUBLIC FORUM INCLUDING, BUT NOT LIMITED TO, PRINT, THE INTERNET, ANY FORM OF NEWSLETTER, RADIO OR TELEVISION, OR TO ANY PERSON(S) BY SUBSCRIBER.

15. SUBSCRIBER AGREES THAT SUBSCRIBER WILL NOT COPY NOR LICENSE, SELL, TRANSFER, MAKE AVAILABLE OR OTHERWISE DISTRIBUTE THE SOFTWARE TO ANY ENTITY OR PERSON. SUBSCRIBER SHALL USE SUBSCRIBER’S BEST EFFORTS TO STOP ANY SUCH COPYING OR DISTRIBUTION IMMEDIATELY AFTER SUCH USE BECOMES KNOWN.

16. FX UNIVERSAL SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OR DELAYS IN TRANSMISSION, ERRORS, DEFECTS IN TRANSMISSION, OR FAILURES TO TRANSMIT INFORMATION WHEN SUCH RESULT FROM ACTS OF GOD, INCLUDING WITHOUT LIMITATION TO NATURAL DISASTERS, FLOODS, FIRE, WAR, RIOTS, EARTHQUAKES, HURRICANES, ELECTRONIC EQUIPMENT FAILURES, TELEPHONIC AND INTERCONNECT PROBLEMS, COMMUNICATION PROBLEMS, ACTS OF GOVERNMENT OR OTHER CAUSES BEYOND FX UNIVERSAL’S CONTROL AND

17. THE SOFTWARE PROVIDED HEREUNDER IS PROVIDED "AS IS" AND "WITH ALL FAULTS." SUBSCRIBER ACKNOWLEDGES THERE MAY BE DELAYS, ERRORS, OMISSIONS, INACCURACIES OR INTERRUPTIONS OF SERVICE DUE TO MAJOR FORCES (E.G., FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION OR TO ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF FX UNIVERSAL OR ANY DISSEMINATING PARTY). FX UNIVERSAL SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE RELATING TO THE METHOD OR MANNER OF DISSEMINATION OF THE INFORMATION PROVIDED BY FX UNIVERSAL, THE SOFTWARE OR THE INFORMATION PROVIDED BY ANY THIRD PARTY FINANCIAL INFORMATION SUPPLIER. THE SUBSCRIBER DOES FURTHER HEREBY WAIVE ANY CLAIMS AGAINST FX UNIVERSAL FOR ANY DELAY OR INTERRUPTION IN SERVICE. WITHOUT LIMITING THE FOREGOING, THE SUBSCRIBER UNDERSTANDS AND AGREES THAT FX UNIVERSAL, ITS OFFICERS, JOINT VENTURERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OCCASIONED BY SUBSCRIBER'S USE OF, OR RELIANCE UPON, THE INFORMATION FURNISHED BY FX UNIVERSAL OR THE SOFTWARE. THE SUBSCRIBER WAIVES ANY AND ALL RIGHTS THE SUBSCRIBER MAY HAVE TO RECOVER ANY DAMAGES, WHETHER INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHERWISE, AGAINST FX UNIVERSAL, ITS OFFICERS, JOINT VENTURERS, EMPLOYEES OR AGENTS, RESULTING FROM LOSS OF PROFITS OR OPPORTUNITY, TRADING LOSSES, OR ANY OTHER DAMAGES RESULTING FROM INCONVENIENCE OR THE LOSS OF USE OF SOFTWARE OR THE SUBSCRIBER'S RELIANCE UPON THE INFORMATION RECEIVED FROM FX UNIVERSAL OR SOFTWARE.

18. ANY COVENANT OR AGREEMENT OR CONDITION OF ANY PART OF THIS AGREEMENT MAY BE AMENDED OR REVISED BY FX UNIVERSAL AT ANYTIME WITHOUT THE EXPRESS WRITTEN AGREEMENT OF SUBSCRIBER.

19. FX UNIVERSAL MAY TERMINATE THIS AGREEMENT WITH THE SUBSCRIBER WITH CAUSE OR MATERIAL BREACH OF THIS AGREEMENT AND SUCH TERMINATION SHALL BECOME EFFECTIVE AS OF THE DAY SUCH TERMINATION IS COMMUNICATED TO THE SUBSCRIBER. NO REFUND WILL BE MADE BY FX UNIVERSAL TO SUBSCRIBER IF THE SUBSCRIPTION IS SO TERMINATED. FX UNIVERSAL MAY REFUSE SERVICE TO ANY PARTICULAR INDIVIDUAL, INSTITUTION OR ENTITY FOR ANY REASON WHATSOEVER. SUBSCRIBER HEREBY AGREES TO PAY ALL TAXES THAT MAY BE ASSESSED IN ANY AND ALL TRANSACTIONS RESULTING FROM THIS AGREEMENT OR THE SOFTWARE PROVIDED BY FX UNIVERSAL, INCLUDING WITHOUT LIMITATION FEDERAL EXCISE, SALES, USE, PERSONAL PROPERTY OR OTHER APPLICABLE TAXES. THE RIGHTS AND OBLIGATIONS ARISING UNDER THIS AGREEMENT ARE PERSONAL AND THE SUBSCRIBER SHALL NOT ASSIGN, TRANSFER, LEASE, SUBLEASE, IN WHOLE OR IN PART, ANY OF THE SUBSCRIBER'S RIGHTS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF FX UNIVERSAL.

20. SUBSCRIBER, IN ORDER TO INDUCE FX UNIVERSAL TO ACCEPT THIS AGREEMENT, AND FOR OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, HEREBY AGREES TO THE FOLLOWING. ANY JUDICIAL, ADMINISTRATIVE ACTION OR PROCEEDING, INCLUDING BUT, NOT LIMITED TO, ARBITRATION CONDUCTED BY A SELF-REGULATORY OR OTHER PRIVATE ORGANIZATION ARISING DIRECTLY OR INDIRECTLY HEREUNDER OR IN CONNECTION WITH THE TERMS AND CONDITIONS OF THE AGREEMENT CONTEMPLATED HEREBY, WHETHER BROUGHT BY SUBSCRIBER OR FX UNIVERSAL, SHALL BE HELD, AT THE SOLE DISCRETION OF FX UNIVERSAL WITHIN NEW YORK COUNTY, STATE OF NEW YORK EXCLUSIVELY. SUBSCRIBER CONSENTS AND SUBMITS TO, AND WAIVES ANY AND ALL OBJECTIONS SUBSCRIBER MAY HAVE TO SUCH VENUE, AND FURTHER AGREES TO WAIVE AND FOREGO ANY RIGHT SUBSCRIBER MAY HAVE TO TRANSFER OR CHANGE THE VENUE OF ANY ACTION OR PROCEEDING ENCOMPASSED HEREBY.

21. SUBSCRIBER WAIVES TRIAL BY COURT OR JURY. ANY DISPUTE ARISING FROM OR RELATING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE SOFTWARE SHALL BE RESOLVED BY ARBITRATION. A SUBSCRIBER MAY ONLY BRING A CLAIM FOR BREACH OF THIS AGREEMENT, AND SHALL NOT BE PERMITTED TO BRING A CLAIM SOUNDING IN TORT. NO PARTY MAY BRING OR BECOME A MEMBER OF A CLASS ACTION AGAINST THE OTHER. THE PARTY INITIATING ARBITRATION SHALL SELECT AN ARBITRATOR AND NOTIFY THE OTHER PARTY IN WRITING BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED OF THE CLAIM AND THE ARBITRATOR’S NAME. RESPONDING PARTY SHALL HAVE 20 DAYS FROM RECEIPT OF THE NOTICE TO SELECT AN ARBITRATOR AND NOTIFY CLAIMANT IN WRITING VIA THE SAME TYPE OF MAIL OF THE ARBITRATOR’S NAME. IF A PARTY FAILS TO SELECT AN ARBITRATOR TIMELY, THEN A FINAL DECISION IN FAVOR OF THE OTHER PARTY SHALL BE ENTERED BY THE LATTER’S ARBITRATOR. EACH ARBITRATOR MUST BE A LAWYER WITH OVER 10 YEARS EXPERIENCE OR A RETIRED JUDGE. THE ARBITRATORS’ DECISION SHALL BE BY MAJORITY VOTE, FINAL AND BINDING. NO PARTY SHALL BE AWARDED ATTORNEY’S FEES OR COSTS, WHETHER OR NOT TAXABLE BY A COURT OR ARBITRATOR(S) AS COSTS. NO ACTION FILED MORE THAN 21 MONTHS AFTER THE ENROLLMENT DATE SHALL BE ENTERTAINED BY ANY ARBITRATOR OR COURT. IF AWARDED, TOTAL OF ALL DAMAGES SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID HEREUNDER. DECLARATORY RELIEF ORDERING SUCH ARBITRATION AND ENFORCEMENT OF ANY JUDGMENT SHALL BE ENTERED ONLY BY A LOCAL, STATE OR FEDERAL COURT IN NEW YORK COUNTY, NEW YORK, HAVING JURISDICTION THEREOF. SUBSCRIBER ACKNOWLEDGES THAT COMPETING PRODUCTS AND SERVICES ARE READILY AVAILABLE AND, THEREFORE, WAIVES ANY RIGHT TO ASSERT THAT THIS AGREEMENT IS A CONTRACT OF ADHESION OR THAT ANY PROVISION OF IT IS UNCONSCIONABLE.

22. IF ANY OF THE PROVISIONS OF THIS AGREEMENT ARE DETERMINED TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THEN THE PORTION SO HELD TO BE UNENFORCEABLE SHALL BE DEEMED EXCLUDED AND THE REMAINDER OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT.

23. SUBSCRIBER SHALL INDEMNIFY AND HOLD HARMLESS FX UNIVERSAL, ITS OFFICERS AND ITS INFORMATION PROVIDERS AGAINST ANY CLAIM, DAMAGES, LOSS, LIABILITY OR EXPENSE, INCLUDING ATTORNEY’S FEES, ARISING OUT OF SUBCRIBER’S USE OF THE SOFTWARE IN ANY WAY CONTRARY TO THIS AGREEMENT.

24. THE RIGHTS AND LIMITATIONS IN THIS AGREEMENT ARE FOR THE BENEFIT OF FX UNIVERSAL, ITS OFFICERS AND ITS INFORMATION PROVIDERS, EACH OF WHICH SHALL HAVE THE RIGHT TO ENFORCE RIGHTS HEREUNDER DIRECTLY.

25. SUBSCRIBER MAY NOT REVERSE ENGINEER, DECOMPILE, DISASSEMBLE SOFTWARE OR INCORPORATE SOFTWARE 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.

26. FX UNIVERSAL IS AN INTRODUCING BROKER AND ACTS IN THIS CAPACITY FOR A MARKET MAKER. SUBSCRIBERS THAT OPEN TRADING ACCOUNTS WITH SAID MARKET MAKER AND LIST FX UNIVERSAL AS THE INTRODUCING BROKER MAY BE ELIGIBLE FOR SPECIAL OFFERS OR DISCOUNTS MADE AVAILABLE BY FX UNIVERSAL FOR A SUBSCRIPTION. IF THE RELATIONSHIP BETWEEN FX UNIVERSAL AND SAID MARKET MAKER TERMINATES, THE BENEFITS OF ANY FORMER SPECIAL OFFERS OR DISCOUNTS WILL CEASE AND THE SUBSCRIPTION BE CONSIDERED NULL AND VOID.

BY PURCHASING A SUBSCRIPTION OR DOWNLOADING SOFTWARE, SUBSCRIBER IS AGREEING THAT SUBSCRIBER IS OBLIGATED TO THIS AGREEMENT AS IF SUBSCRIBER HAD SIGNED WITH PEN AND PAPER.