These Terms and Conditions (the “Terms and Conditions”) govern your use of the website ClearStreamFX.com and your receipt of any services and information made available through the Website (collectively, “Services”). Please read these Website Terms and Conditions carefully. By accessing the Website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with them. If you do not agree with some or all of these Website Terms and Conditions, you are not authorized to visit the our portal at ClearStreamFX.com
Some of the Services available from us or from third parties through the Website may be governed by additional agreements. In addition, if you register as a user of any of the features of our Website or Services offered through our Website, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button. Your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time. To the extent that there is any conflict between these Website Terms and Conditions and any separate written agreement you have executed or otherwise entered into with us regarding any Services (including, but not limited to, Services or information that may be available through the Website), the terms of such separate agreement shall control.
2. ANY FORWARD LOOKING STATEMENTS
If the website contains forward-looking statements these forward-looking statements are subject to known and unknown risks, uncertainties, assumptions and other factors that may cause actual results to be materially different from those contemplated by the forward-looking statements. We undertake no obligation to update any forward-looking statements.
3. DISCLAIMER REGARDING CONTENT
ClearStreamFX cannot and does not represent or guarantee that any of the information available through the Services or Website is accurate, reliable, current, complete or appropriate for your needs. Some content available through the Services or Website may be provided by independent third parties whom ClearStreamFX does not control. Other content available through the Services or Website is obtained by ClearStreamFX from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the “Data Providers”). Nevertheless, due to various factors—including the inherent possibility of human and mechanical error—the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by ClearStreamFX
4. OWNERSHIP OF INFORMATION
Unless otherwise noted, all right, title and interest in and to the Website and the information made available through it, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of ClearStreamFX, its affiliates or its Data Providers. To the extent the Website or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), ClearStreamFX owns all rights, title and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Website or in the Services, as well as in the selection, arrangement and presentation of other content on the Website and in the Services.
5. DOWNLOADING OF MATERIALS; RETRANSMISSION AND REDISTRIBUTION OF DATA
Certain materials may be made available for download from the Website. Subject to these Website Terms and Conditions, ClearStreamFX grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to ClearStreamFX, at law or in equity, the permission herein granted will automatically terminate in the event you breach any of the website Terms and Conditions and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
Except as otherwise expressly permitted by the preceding paragraph, you agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast or circulate any of the services or materials in any manner or for any purposes (whether personal or business) without the prior express written consent of ClearStreamFX and/or the data provider(s). in addition, you shall not, without the prior express written consent of ClearStreamFX and the relevant data provider(s), make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, de-compiling, disassembling or creating derivative works. you further agree not to use the website or information made available through the website for any unlawful purpose and agree to comply with reasonable requests by ClearStreamFX to protect the respective rights of ClearStreamFX, its affiliates, licensors and the data providers in the services and in the information made available through the services.
6. OUR DATA PROVIDERS’ REQUIREMENTS
These Website Terms and Conditions are subject to all requirements of ClearStreamFX Data Providers under ClearStreamFX agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
7. DISCLAIMER REGARDING LINKS AND OTHER THIRD PARTY CONTENT
The Website and Services may provide you with the ability to access a variety of information, material or other content from third parties (“Third Party Content”), including through links to other websites and/or forums on which users or other third parties may post Third Party Content. Whenever you access Third Party Content, YOU PROCEED AT YOUR OWN RISK. You understand and agree that such third parties are solely liable for all Third Party Content. You further acknowledge that ClearStreamFX does not necessarily (and is not obligated to) review or screen any Third Party Content, either before or after it becomes available through the Website and/or Services, and cannot and does not guarantee, attest to, verify or otherwise warrant that any Third Party Content is or will be accurate, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs or otherwise safe or non-objectionable
You agree that ClearStreamFX shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Website. If we provide links they are as a convenience, and do not endorse the content or services offered by these other sites.
You agree that ClearStreamFXis not, and shall not be, liable for any material on the Website that you may find objectionable.
8. NO DUTY TO MONITOR THE WEBSITE
You understand and agree that ClearStreamFX has the right, but not the obligation, to monitor the Website, and to remove content, including content you submit, from the Website for any reason. You further understand and agree that ClearStreamFX has the right, but not the obligation, to review content before it is posted to the Website, and to refuse to allow content to be posted for any reason. Any and all decisions on whether or not to retain, disseminate, or remove content posted by users shall be made by ClearStreamFX in its sole discretion.
alter, damage or delete any material appearing on the Website;
disrupt the normal flow of communication on the Website, such as through “spam” email or by other means;
impersonate or claim a relationship with or speak for any business, organization, or person for which you are not authorized to claim such a relationship;
sell or promote any product or service, promote, solicit, or partake in any multi-level marketing or pyramid scheme, or post or transmit any unsolicited, advertising, or promotional materials, including solicitations for credit card numbers or sponsors; or
violate any operating rule, policy or guideline of your Internet access provider or online service.
You acknowledge and agree that these prohibitions do not, and shall not be construed to, create any rights in you or any third parties. We reserve the right (but do not have any obligation) to prohibit or restrict conduct on the Website and to edit, block, or remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable.
You acknowledge and agree that we may terminate your access to the Website and the Services should you fail to comply with the Website Terms and Conditions, including the User Code of Conduct. Any such termination shall be in our sole discretion and may occur without notice. ClearStreamFX reserves the right to terminate any user’s access to the Website or the Services for any conduct or activity that ClearStreamFX, in its sole discretion, believes is or may be directly or indirectly harmful to other users or to ClearStreamFX, or for any conduct or activity that violates any local, state, federal or foreign laws or regulations. ClearStreamFX further reserves the right to terminate any user’s access to the Website or Services for any reason or for no reason at all, in ClearStreamFX’s sole discretion, without notice.
9. NO CREATION OF THIRD-PARTY RIGHTS
Except as otherwise expressly set forth herein, nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
10. SHARED FILES; INFORMATION YOU DOWNLOAD
ClearStreamFX cannot and does not guarantee or warrant that information that may be available for downloading through the Website or Services will be free from infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to ClearStreamFX for the reconstruction of any lost information.
11. MATERIALS YOU POST; YOUR LICENSE TO OTHER USERS
By posting or transmitting, inputting or uploading information or content (“User Content”) to the Website, you warrant that such User Content does not violate or infringe the rights of any third parties. In addition, you automatically grant ClearStreamFX and its affiliates and Website users under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sub-licenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such Content, without compensation to you.
12. COMPLAINTS OVER PERCEIVED INFRINGEMENT
ClearStreamFX respects intellectual property rights. If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a “Work”), we request that you notify us of your concerns or objections.
13. PRODUCT DEMONSTRATIONS
All product demonstrations (“demos”) that may be available via the Website from time to time may only be used during the time periods for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
14. REFUND AND REIMBURSEMENT POLICY, WITHDRAWALS
ClearStreamFX does not provide refunds for educational services rendered. Deposits and Withdrawals are processed immediately subject to current policies. Deposits typically take an hour at most to lodge into your trading account, withdrawals subject to processing of the reverse transaction which can take longer up to 24 Hours.
15. DAY ACCOUNTS
ClearStreamFX does not provide day accounts. Day Accounts are accounts that are opened and closed within a seven (7) day period, or funds withdrawn upon initial deposit within that period. Withdrawal requests within seven (7) days are subject to processing of up to a $ 15.00 handling fee.
16. ACCESS AND SECURITY
If you elect to register for any of the Services or other offerings that may be available via the Website from time to time, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information constituting the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate or incomplete, or ClearStreamFX has reason to suspect that you have done so, ClearStreamFX may suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You agree to keep confidential any access codes, account numbers, and customer code numbers that you may receive for your access to and use of the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify ClearStreamFX immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
17. DISCLAIMER OF WARRANTIES.
You agree that neither ClearStreamFX, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or Services.
The website and services are provided “as is.”To the fullest extent permitted by applicable law, there is no warranty of fitness for a particular use and no other warranty of any kind, express or implied, regarding the website, the services or any aspect of the information made available via the website or services. you recognize that the accuracy of any such information should be checked before you rely on it. you acknowledge that documents posted to and content available at the website may contain computer viruses or other harmful elements. should you download any such materials from the website, it is your responsibility to perform any anti-virus scanning or other precautions as you deem necessary. under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the website and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or data you use in connection with the website.
For example, and not by way of limitation, neither ClearStreamFX, its affiliates or the Data Providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
18. LIMITATION OF LIABILITY
Limitation of liability in no event will ClearStreamFX or its affiliates or the data providers be liable to you, your customers or any other party for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to, lost profits, trading losses or damages that result from inconvenience or delay), or claims arising in tort (including, but not limited to, negligence), even if ClearStreamFX, its affiliates or the data providers have been advised of or are otherwise aware of the possibility of any of the foregoing. without limiting the foregoing, in no event shall ClearStreamFX’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any for access to the website or the services.
You agree to indemnify and hold harmless ClearStreamFX, its affiliates, the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorney’s fees, of every kind and nature, arising from or relating to your use of the Website or the Service or the information made available through the Website or the Services and/or your violation of these Website Terms and Conditions or any third party’s rights, including, but not limited to, copyright, proprietary rights, and rights under defamation law.
20. WAIVER OF RIGHT TO SUE
You release ClearStreamFX, its Affiliates and their respective officers, directors, employees and agents, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Website or Services, or arising in any way from content posted to any of the Website by any third party.
21. MODIFICATION AND TERMINATION OF WEBSITE; MODIFICATION OF WEBSITE TERMS AND CONDITIONS
Notwithstanding any provision in these Website Terms and Conditions, ClearStreamFX reserves the right, in its sole discretion, at any time and from time to time, and without notice, to change, amend, or modify and/or to terminate, restrict access, or cease publishing: (a) the Website; (b) any particular information made available via the Website; or (c) these Website Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as amended.
22. DATA PROVIDERS ENFORCEMENT RIGHT
Data Providers may enforce these Website Terms and Conditions against you by legal proceedings or other appropriate means.
23. FORCE MAJEURE
In addition to applicable disclaimers identified above ClearStreamFX’s performance under these Website Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of third party information providers, third party software errors or failures or communications interruptions or failures.
24. MATERIALS YOU POST; YOUR LICENSE TO OTHER USERS
Severability; No Waiver. Should any provision of these Website Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court of competent jurisdiction, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the remaining provisions shall not be affected thereby. Failure of any party to enforce any provision of these Website Terms and Conditions on any occasion shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision on a subsequent occasion.
Assignment. These Website Terms and Conditions shall not be assignable by you, either in whole or in part. ClearStreamFX reserves the right to assign its rights and obligations under these Website Terms and Conditions.
25. YOU AGREE THAT BY SUBMISSION OF YOUR APPLICATION TO BE BOUND TO THE TERMS AND CONDITIONS SPECIFIC TO THE ENROLLMENT IN AND USE OF PROFESSIONAL COURSE MATERIAL AND THE STANDARD TERMS AND CONDITIONS GOVERNING THE USE OF OUR MATERIAL AND THE CLEARSTREAMFX WEBSITE
26. NON MASTER AFFILIATE COMPENSATION
Affiliate compensation is a best efforts basis. ClearStreamFX commits it's best efforts basis to providing analytic frame work and studies for foreign exchange trading and the Affiliate Provides marketing solutions through referrals of one-on-one, social media referrals and otherwise. Compensation levels exist for 8 Levels of Commissions which can be monitored through the affiliate back office. Payouts cycle on +30 days, meaning that a charge from a new consumer member or affiliate must have successfully cleared and settled for 30+ Days under these terms and conditions for payouts to initiated per the affiliate compensation plan. To protect against fraudulent use of credit cards, as appropriate ClearStreamFX reserves the right to modify qualifying commission payments as appropriate.