FXSPEC TERMS OF SERVICE
Effective Date: September 11, 2026
These Terms of Service govern your access to and use of FXSPEC.com, FXSPEC Content, memberships, subscriptions, products, communications, and Services.
Please read these Terms carefully before accessing or using FXSPEC.
By accessing the Website, creating an Account, registering as a Member, purchasing a Subscription, accessing FXSPEC Content, or otherwise using any FXSPEC Service, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.
If you do not agree to these Terms, you must discontinue access to and use of the Website, Content, and Services.
These Terms constitute a binding agreement between you and FXSPEC, referred to in these Terms as “FXSPEC,” the “Company,” “we,” “us,” or “our.”
References to “you,” “your,” “Member,” “Subscriber,” or “user” refer to the individual or entity accessing or using the Website, Content, or Services.
FXSPEC operates as a financial markets education, research, analysis, and digital media business. Services may be provided through the Website, email, video, livestreams, third-party platforms, social media, messaging services, or other electronic means.
The Company shall be deemed to conduct its business operations related to these Terms from the State of Florida, United States of America.
1. EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
A. FXSPEC Provides Educational Content
FXSPEC provides financial market education, research, commentary, analysis, opinions, market observations, and related informational Content.
All FXSPEC Content and Services are provided solely for educational and informational purposes.
FXSPEC does not provide investment advice, trading advice, financial advice, legal advice, tax advice, portfolio advice, personalized recommendations, or any other form of individualized financial guidance.
Nothing provided by FXSPEC should be interpreted, directly or indirectly, expressly or by implication, as investment advice or trading advice.
This applies regardless of the terminology, format, detail, specificity, or manner in which Content is presented.
B. No Investment or Trading Recommendations
Nothing communicated by FXSPEC or any FXSPEC representative constitutes:
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investment advice;
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trading advice;
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financial advice;
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personalized financial guidance;
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a recommendation to buy, sell, hold, enter, exit, modify, or maintain any financial position;
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an offer to buy or sell any financial instrument;
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a solicitation of an offer to buy or sell any financial instrument;
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a recommendation of any particular investment strategy;
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a determination that a particular transaction is appropriate or suitable for any person; or
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a representation that any particular transaction should be undertaken by a Member.
This applies to all FXSPEC Content, including but not limited to:
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market analysis;
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technical analysis;
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fundamental analysis;
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macroeconomic analysis;
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market outlooks;
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analyst opinions;
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charts;
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price levels;
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support and resistance levels;
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liquidity levels;
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supply and demand areas;
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potential market scenarios;
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trading setups;
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model trades;
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example trades;
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potential entries;
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potential exits;
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stop-loss levels;
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profit targets;
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position-management concepts;
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risk-management examples;
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market alerts;
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economic commentary;
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central-bank analysis;
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positioning analysis;
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sentiment information;
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webinars;
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live market discussions;
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livestreams;
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recorded videos;
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courses;
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educational materials;
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email communications;
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social media posts;
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newsletters; and
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communications by FXSPEC representatives.
The discussion of a specific currency pair, security, commodity, derivative, financial instrument, transaction, entry level, exit level, stop-loss level, profit target, market direction, position, or potential trading opportunity does not convert that Content into investment or trading advice.
C. Educational Examples May Be Specific
Financial education often requires the use of specific examples.
FXSPEC may therefore discuss real financial instruments, current market prices, hypothetical transactions, analyst positions, potential entries, potential exits, stop-loss levels, profit targets, risk parameters, or other specific market scenarios.
Such specificity is provided for educational and informational purposes only.
A Member should not interpret the inclusion of specific price levels, instruments, transactions, position sizes, risk parameters, targets, stops, or other trading information as a recommendation that the Member take the same or a similar action.
D. No Individual Suitability Determination
FXSPEC does not evaluate or take into consideration your:
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financial circumstances;
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income;
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net worth;
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investment capital;
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trading capital;
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investment objectives;
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trading objectives;
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experience;
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knowledge;
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portfolio;
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existing positions;
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risk tolerance;
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tax circumstances;
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personal obligations;
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investment horizon; or
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ability to withstand financial loss.
FXSPEC therefore cannot determine whether any transaction, strategy, financial instrument, investment, or level of risk is appropriate or suitable for you.
You are solely responsible for determining whether and how any information provided by FXSPEC applies to your individual circumstances.
E. Independent Decisions
All trading and investment decisions are your responsibility.
You should conduct your own research, exercise your own independent judgment, and obtain advice from appropriately qualified professionals when necessary.
You should not enter, exit, modify, increase, decrease, or maintain a financial position solely because the instrument, market, transaction, or scenario was discussed, analyzed, displayed, mentioned, or otherwise referenced by FXSPEC or an FXSPEC representative.
2. NO MANAGEMENT OR HANDLING OF MEMBER CAPITAL
A. FXSPEC Does Not Manage Money
FXSPEC does not manage Member investment capital or trading capital.
FXSPEC does not:
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manage trading accounts;
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manage investment accounts;
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accept discretionary trading authority;
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accept non-discretionary trading authority;
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execute trades on behalf of Members;
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control Member accounts;
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hold Member funds;
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custody Member assets;
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receive investment capital;
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pool Member funds;
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transfer Member investment funds;
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invest money for Members; or
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otherwise handle Member investment or trading capital.
Members remain in sole control of their brokerage accounts, trading accounts, financial accounts, investment capital, and trading decisions.
B. No Solicitation of Investment Funds
Neither FXSPEC nor any authorized representative of FXSPEC will solicit Members to provide investment or trading capital to FXSPEC or an FXSPEC representative.
FXSPEC will not ask Members to transfer money, securities, cryptocurrency, or other assets to FXSPEC for the purpose of:
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investment;
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trading;
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managed-account services;
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account management;
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pooled investment;
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profit sharing;
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copy trading;
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discretionary trading; or
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any similar investment arrangement.
Payments made to FXSPEC are payments solely for FXSPEC products, Content, memberships, subscriptions, educational materials, and Services.
Such payments are not investments, deposits, trading capital, managed funds, or contributions to an investment pool.
C. Unauthorized Solicitation
Members should never provide trading capital, brokerage account credentials, passwords, authentication codes, private keys, investment assets, or control of a financial account to any individual claiming that such access or transfer is required by FXSPEC.
Any person who claims to represent FXSPEC while soliciting investment capital or requesting control of a Member’s trading or investment account is acting outside the scope of FXSPEC’s authorized Services.
Suspected impersonation, fraud, unauthorized solicitation, or misuse of the FXSPEC name should be reported to FXSPEC immediately.
3. FINANCIAL MARKET RISK DISCLOSURE
Trading and investing involve substantial risk.
Foreign exchange, derivatives, contracts for difference, futures, options, equities, commodities, cryptocurrencies, leveraged products, and other financial instruments may involve a significant risk of financial loss.
Leverage can magnify both gains and losses.
You may lose some or all of the capital committed to a transaction and, depending upon the financial product, broker, account type, and jurisdiction involved, losses may exceed amounts initially committed.
Past performance does not guarantee future results.
Previous market behavior does not guarantee that similar market conditions will produce similar outcomes.
No trading strategy, analytical method, indicator, model, pattern, system, educational method, market observation, or combination thereof can guarantee profits or prevent losses.
FXSPEC does not guarantee:
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profits;
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trading success;
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investment returns;
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accuracy of predictions;
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achievement of financial objectives;
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performance of any strategy;
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achievement of any particular win rate;
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avoidance of drawdowns; or
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avoidance of losses.
You are solely responsible for any trading or investment activity undertaken by you.
4. MARKET INFORMATION, PRICES, AND DATA
FXSPEC may use information obtained from third-party sources, including financial market data providers, exchanges, brokers, banks, financial institutions, governmental entities, research providers, economic databases, news organizations, trading platforms, and other sources.
FXSPEC attempts to use sources that it believes to be reliable, but does not guarantee the accuracy, completeness, timeliness, availability, or reliability of any market information.
Financial market information may differ between providers.
Differences may occur in:
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quoted prices;
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bid and ask prices;
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spreads;
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highs and lows;
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opening and closing prices;
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chart data;
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volume data;
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liquidity information;
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economic information;
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interest-rate expectations;
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sentiment data;
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positioning data; and
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other market information.
A price displayed or discussed by FXSPEC may differ from the price available through your broker, exchange, financial institution, trading platform, liquidity provider, or data provider.
FXSPEC does not guarantee that a Member would have been able to execute a transaction at any price shown, discussed, recorded, or analyzed by FXSPEC.
Market conditions may result in:
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slippage;
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widening spreads;
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delayed execution;
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rejected orders;
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partial fills;
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price gaps;
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unavailable liquidity;
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requotes; or
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executions materially different from displayed prices.
FXSPEC is not responsible for discrepancies between FXSPEC Content and prices or information available from third parties.
5. ANALYST OPINIONS AND PERSONAL POSITIONS
FXSPEC Content may include opinions expressed by individual analysts, contributors, employees, contractors, or other representatives.
These opinions may differ from one another.
Two or more FXSPEC analysts may reach different conclusions regarding the same market.
An analyst’s opinion may also change as market conditions, information, prices, or the analyst’s interpretation changes.
FXSPEC does not require all analysts to maintain identical market views.
FXSPEC analysts and representatives may personally trade or invest in financial instruments discussed in FXSPEC Content.
They may:
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hold positions in instruments discussed;
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enter positions before or after discussing an instrument;
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reduce positions;
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increase positions;
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close positions;
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hedge positions; or
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maintain a position different from a scenario discussed in educational Content.
An analyst’s personal trading activity does not transform FXSPEC Content into personalized investment or trading advice.
Members remain responsible for their own decisions.
6. PERFORMANCE, HYPOTHETICAL RESULTS, AND EXAMPLES
FXSPEC may present actual, simulated, hypothetical, modeled, educational, or historical examples.
Past performance is not indicative of future performance.
Hypothetical or simulated results have inherent limitations.
Hypothetical results do not represent actual trading and may not accurately reflect the effects of:
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market liquidity;
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slippage;
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spreads;
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commissions;
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financing costs;
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rollover costs;
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execution delays;
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psychological pressure;
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changing market conditions;
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position sizing;
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account restrictions;
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margin requirements; or
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other factors affecting actual trading.
Where FXSPEC discusses an actual trade or position taken by an analyst, that transaction represents the circumstances of that analyst and should not be interpreted as a recommendation that another person take the same transaction.
Testimonials, Member experiences, historical results, or examples, if presented, are not guarantees that another person will achieve similar results.
7. ELIGIBILITY AND ACCOUNTS
A. Age Requirement
You must be at least 18 years old to establish an FXSPEC Account or purchase paid Services.
By creating an Account, you represent that you are legally capable of entering into these Terms.
B. Account Registration
Certain Content may require registration.
Registration may include free membership, paid membership, or another level of authorized access.
You agree to provide accurate and current information during registration.
FXSPEC may refuse, suspend, or terminate registration where information provided is false, misleading, fraudulent, or materially incomplete.
C. Account Credentials
You are responsible for maintaining the confidentiality and security of your login credentials.
Your Account is personal to you.
You may not sell, transfer, share, rent, sublicense, or otherwise provide your Account or access credentials to another person unless expressly authorized by FXSPEC.
You are responsible for activity conducted through your Account.
You should notify FXSPEC promptly if you believe your Account has been accessed without authorization.
8. FREE MEMBERSHIPS AND PAID SUBSCRIPTIONS
FXSPEC may offer different levels of access to its Content and Services.
These may include:
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publicly available Content;
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free registered-member Content;
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paid subscriptions;
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premium Content;
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professional-level Content;
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courses;
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live Services;
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workshops;
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special programs; or
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separately purchased products or Services.
The specific Content and Services included with each membership or Subscription are determined by the description provided by FXSPEC at the time of registration or purchase.
Access to one membership level does not provide a right to access Content reserved for another level.
FXSPEC may develop, reorganize, improve, rename, replace, or otherwise modify the individual components of a membership or Subscription as the Service evolves.
FXSPEC does not guarantee that every individual feature, section, analyst, publication format, market, instrument, or type of Content offered at the beginning of a Subscription Term will remain unchanged throughout that term.
However, FXSPEC will not materially discontinue an essential paid product, feature, or Service during an active prepaid Subscription Term without providing a replacement, alternative, or combination of Services that FXSPEC reasonably believes provides substantially equivalent or greater overall value to the affected Subscriber.
Purchasing a Subscription provides a limited right of access during the applicable Subscription Term. It does not transfer ownership of FXSPEC Content or intellectual property to the Subscriber.
9. LIMITED LICENSE TO USE FXSPEC CONTENT
Subject to your compliance with these Terms, FXSPEC grants you a limited, non-exclusive, revocable, non-transferable, non-assignable, and non-sublicensable license to access and use FXSPEC Content and Services available to your membership or Subscription level.
The license is granted solely for your own lawful internal personal or business use.
Unless FXSPEC provides express written authorization, you may not:
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copy;
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reproduce;
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republish;
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distribute;
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redistribute;
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upload;
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transmit;
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broadcast;
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resell;
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sublicense;
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rent;
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lease;
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publish;
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publicly display;
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create derivative commercial products from; or
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otherwise commercially exploit
FXSPEC Content.
Access to paid Content is licensed, not sold.
No ownership rights are transferred to you.
10. INTELLECTUAL PROPERTY
The Website and FXSPEC Content may include:
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text;
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articles;
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research;
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analysis;
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reports;
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charts;
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graphics;
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videos;
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audio;
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livestreams;
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webinars;
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educational materials;
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course materials;
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databases;
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designs;
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software;
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code;
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logos;
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trade names;
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trademarks;
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service marks;
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domain names;
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layouts;
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visual elements;
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proprietary methodologies; and
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other intellectual property.
Except for material owned by third parties, such Content is owned by or licensed to FXSPEC and is protected by applicable intellectual property laws.
All rights not expressly granted under these Terms are reserved by FXSPEC and its licensors.
11. PROHIBITED USE OF CONTENT AND SERVICES
You may not use the Website, Content, or Services to:
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share paid Content with unauthorized persons;
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share Account credentials;
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circumvent a paywall or access control;
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reproduce or redistribute Content without permission;
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scrape or systematically collect Content;
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build or populate a competing database using FXSPEC Content;
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use automated systems to extract substantial portions of FXSPEC Content;
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resell FXSPEC research, analysis, or Content;
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falsely claim authorship of FXSPEC Content;
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remove copyright, trademark, attribution, or proprietary notices;
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impersonate FXSPEC or an FXSPEC representative;
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falsely represent that FXSPEC endorses you;
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falsely represent that FXSPEC provides personalized investment advice to you;
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interfere with the security or operation of the Website;
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probe or attempt to defeat Website security;
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introduce malware or malicious code;
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obtain unauthorized access to another person’s Account;
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use the Services for fraudulent or unlawful purposes;
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infringe the intellectual property rights of FXSPEC or another person; or
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engage in conduct that materially interferes with another user’s ability to access FXSPEC Services.
FXSPEC may use technological or administrative measures to identify and prevent unauthorized use.
12. AUTOMATED ACCESS AND ARTIFICIAL INTELLIGENCE SYSTEMS
Unless expressly authorized by FXSPEC in writing, you may not use crawlers, spiders, bots, automated scripts, browser extensions, automated extraction systems, artificial intelligence systems, machine-learning systems, or similar technology to systematically scrape, collect, reproduce, ingest, train upon, summarize for redistribution, or create a competing product from FXSPEC Content.
This restriction does not prevent ordinary use of accessibility tools or technologies used solely to assist an authorized user in personally accessing the Services.
13. THIRD-PARTY PLATFORMS AND SERVICES
FXSPEC may deliver or distribute Content through third-party platforms.
These may include payment processors, video platforms, email providers, social media platforms, messaging platforms, charting systems, hosting providers, financial data providers, and other technology services.
Your use of a third-party platform may also be governed by that platform’s own terms and privacy policies.
FXSPEC does not control third-party platforms and does not guarantee their continued availability, security, functionality, performance, or compatibility.
FXSPEC shall not be responsible for an interruption, delay, failure, loss, error, or other problem caused solely by a third-party platform outside FXSPEC’s reasonable control.
14. SUBSCRIPTION BILLING
A. Payment Authorization
If you provide a payment method to purchase an FXSPEC product or Subscription, you authorize FXSPEC and its authorized payment processors to charge that payment method for the applicable fees disclosed at checkout.
The terms of payment may include:
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the amount charged;
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the billing interval;
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the effective date;
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applicable taxes;
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the Subscription Term; and
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whether the Subscription automatically renews.
B. Recurring Subscriptions
Where disclosed at checkout, paid Subscriptions automatically renew at the end of the applicable Subscription Term unless canceled before the renewal is processed.
For example, a monthly Subscription may renew monthly and an annual Subscription may renew annually.
By purchasing an automatically renewing Subscription, you authorize FXSPEC and its payment processor to charge the applicable Subscription fee to your payment method at each renewal.
C. Cancellation
You may cancel a recurring Subscription through the cancellation functionality made available through your Account, where available, or by contacting FXSPEC support.
Cancellation prevents future renewal charges.
Unless otherwise required by law, cancellation becomes effective at the end of the Subscription Term that has already been paid.
Cancellation does not retroactively cancel a charge that has already been processed.
D. Price Changes
FXSPEC may change its prices from time to time.
Price changes applicable to existing recurring Subscribers will generally apply to a future Subscription Term and will take effect as communicated by FXSPEC, subject to any notice required by applicable law.
E. Payment Processors
FXSPEC may use third-party payment processors.
By submitting payment information, you authorize the processing of your payment through the applicable provider.
Payment processing may also be subject to the payment processor’s terms and privacy policy.
FXSPEC does not directly control the systems of third-party payment processors.
15. STRICT NO-REFUND POLICY
A. General Policy
Because FXSPEC provides digital informational and educational products and Services, including proprietary financial market Content that may become immediately accessible following purchase, all purchases and Subscription payments are final and non-refundable except as expressly provided in this Section or where required by applicable law.
FXSPEC does not offer a general money-back guarantee.
FXSPEC does not offer a 30-day money-back guarantee.
A Subscriber’s decision to cancel, stop using the Services, or determine that the Services are no longer desired does not create a right to a refund.
B. No Refund for Dissatisfaction or Non-Use
FXSPEC does not provide refunds because a Member:
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uses only part of the Services;
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does not use the Services;
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fails to access available Content;
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disagrees with FXSPEC analysis or opinions;
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disagrees with an analyst;
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experiences trading or investment losses;
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determines that the Service does not meet personal expectations;
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changes trading strategies;
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ceases trading;
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chooses another educational provider; or
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otherwise decides not to continue using Services that remain available.
C. No Prorated Refunds for Member Cancellation
FXSPEC does not provide prorated refunds for unused portions of a paid Subscription Term when the Subscriber voluntarily cancels.
Cancellation of a Subscription prevents future renewals but does not entitle the Member to reimbursement for the remaining unused portion of the current paid Subscription Term.
D. Market Losses
Trading losses, investment losses, missed opportunities, market movements, execution differences, or other financial outcomes do not create a right to a refund.
A Member’s disagreement with FXSPEC analysis, market scenarios, educational Content, analyst opinions, entries, targets, stops, or conclusions does not create a right to a refund.
E. Renewal Payments
Once a Subscription renewal payment has been processed, the payment is generally non-refundable.
Members are responsible for canceling recurring Subscriptions before renewal if they do not wish to continue the Service.
F. Billing Errors
Nothing in this no-refund policy prevents FXSPEC from correcting a verified:
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duplicate charge;
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processing error;
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unauthorized charge;
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incorrect charge; or
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other legitimate billing error.
Suspected billing errors should be reported promptly to support@FXSPEC.com.
G. Material Discontinuation by FXSPEC
The No-Refund Policy does not permit FXSPEC to collect payment for a paid Service and then permanently discontinue the essential substance of that Service during the Subscriber’s prepaid Subscription Term without providing appropriate value in return.
If FXSPEC materially discontinues an essential paid product, feature, or Service during an active prepaid Subscription Term, FXSPEC will provide a replacement, alternative, or combination of Services that FXSPEC reasonably believes provides substantially equivalent or greater overall value to the affected Subscriber.
FXSPEC may also, at its discretion, provide additional Content, extended access, upgraded features, account credit, or other benefits intended to compensate affected Subscribers for a material change or inconvenience.
If FXSPEC permanently discontinues a material portion of a paid Subscription and does not provide a substantially equivalent or greater replacement for the remainder of the Subscriber’s prepaid Subscription Term, FXSPEC will provide an appropriate remedy.
Depending upon the circumstances, that remedy may include:
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replacement Services;
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account credit;
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upgraded access;
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extended access;
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transfer to another FXSPEC product or Service;
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a prorated refund; or
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another reasonable remedy.
H. Termination for Violation of Terms
A Member whose access is suspended or terminated because of a material violation of these Terms is not entitled to a refund or prorated reimbursement except where required by applicable law.
I. Non-Waivable Rights
Nothing in this Section is intended to waive a consumer right that cannot legally be waived.
16. ACCOUNT SUSPENSION AND TERMINATION
A. Termination by Member
A Member may discontinue use of FXSPEC at any time.
A paid Subscriber may cancel future renewal of a recurring Subscription as provided in Section 14.
Cancellation of a recurring Subscription does not automatically delete an Account unless separately requested and available under applicable procedures.
A Member who voluntarily cancels will ordinarily retain access to the paid Services through the end of the Subscription Term already paid for, unless access is suspended or terminated for a violation of these Terms.
B. Suspension or Termination for Violation
FXSPEC may suspend, restrict, or terminate an Account where it reasonably believes that a Member has:
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violated these Terms;
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shared Account credentials;
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redistributed protected Content;
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engaged in fraud;
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provided materially false Account information;
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attempted unauthorized access;
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interfered with Website operations;
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violated applicable law;
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infringed intellectual property rights;
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engaged in abusive or unlawful conduct toward FXSPEC systems or personnel; or
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otherwise materially misused the Services.
Where an Account is terminated because of a Member’s material violation of these Terms, no refund is due except where required by applicable law.
C. Termination by FXSPEC for Reasons Unrelated to Member Misconduct
FXSPEC may occasionally need to discontinue an Account, membership, Subscription, product, or Service for legal, regulatory, security, operational, technological, or business reasons unrelated to misconduct by the Member.
Where FXSPEC terminates an active prepaid paid Service for such reasons, FXSPEC will make reasonable efforts to provide the affected Subscriber with substantially equivalent or greater value for the remaining prepaid term.
Depending upon the circumstances, this may include:
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replacement Services;
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transfer to another membership or product;
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extended access;
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upgraded access;
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account credit;
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additional Content; or
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another appropriate remedy.
If FXSPEC permanently terminates an active prepaid paid Service and does not provide substantially equivalent or greater replacement value, the affected Subscriber will be provided an appropriate remedy, which may include a prorated refund for the unused portion of the Subscription Term.
17. CHANGES TO CONTENT AND SERVICES
FXSPEC operates in financial markets that change continuously. Its Services may also evolve as technology, markets, subscriber needs, analytical methods, and the FXSPEC business develop.
FXSPEC may periodically add, remove, modify, reorganize, rename, replace, or discontinue individual Content features, coverage areas, publication formats, analytical methods, contributors, technologies, or components of the Services as part of the ordinary operation and development of the FXSPEC platform.
FXSPEC does not guarantee the continued availability of any particular:
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article;
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analyst;
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contributor;
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financial instrument;
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currency pair;
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market;
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asset class;
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feature;
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publication format;
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analytical methodology;
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data source;
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chart;
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report;
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video format;
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website section; or
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individual component of a Subscription.
Ordinary changes to Content, format, coverage, publication schedules, analysts, technologies, or individual features do not create a right to a refund where the overall paid Service remains substantially equivalent to or greater in value than the Service purchased.
However, FXSPEC will not materially discontinue an essential paid product, feature, or Service during an active prepaid Subscription Term without providing a replacement, alternative, or combination of Services that FXSPEC reasonably believes provides substantially equivalent or greater overall value to the affected Subscriber.
Where a material change may inconvenience affected Subscribers, FXSPEC may provide additional Content, Services, access, account credit, extended access, upgraded features, or other benefits intended to compensate for that inconvenience.
If FXSPEC permanently discontinues a material portion of a paid Subscription and does not provide a substantially equivalent or greater replacement for the remainder of the Subscriber’s prepaid Subscription Term, FXSPEC will provide an appropriate remedy as described in Section 15.
Changes that apply to future Subscription Terms may take effect upon renewal after any notice required by applicable law.
18. TIMELINESS OF MARKET CONTENT
Financial market Content can become outdated rapidly.
Analysis reflects information, circumstances, prices, and opinions available at or around the time the Content is created.
FXSPEC is not obligated to update every previously published article, analysis, chart, video, opinion, market scenario, or educational example after market conditions change.
Older Content should not automatically be assumed to represent FXSPEC’s current view.
Alerts, emails, notifications, videos, livestreams, or other communications may experience transmission delays.
FXSPEC does not guarantee that any particular communication will reach a Member before a price movement or market event occurs.
19. USER COMMUNICATIONS
Where FXSPEC permits Members to submit comments, questions, posts, messages, uploads, or other communications, you are responsible for your submissions.
You agree not to submit material that:
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violates applicable law;
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infringes intellectual property rights;
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contains confidential information you have no authority to disclose;
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is knowingly false or fraudulent;
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impersonates another person;
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contains malicious code;
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promotes unlawful activity; or
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materially interferes with the operation of FXSPEC Services.
FXSPEC may moderate, remove, or restrict user communications where it reasonably determines such action is appropriate.
20. INSTITUTIONAL AND COMMERCIAL USE
Certain FXSPEC Services may be intended only for individual use.
Use of FXSPEC Content by a financial institution, investment firm, trading business, advisory business, educational company, publisher, broker, asset manager, fund, or other organization may require separate authorization or an institutional agreement.
FXSPEC reserves the right to determine whether a particular use constitutes institutional or commercial use.
An institutional or commercial agreement may supplement or modify these Terms.
Where such an agreement directly conflicts with these Terms, the applicable written agreement shall govern with respect to that customer and Service.
21. NO PROFESSIONAL OR FIDUCIARY RELATIONSHIP
Use of FXSPEC does not create an:
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investment adviser-client relationship;
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broker-client relationship;
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fiduciary relationship;
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financial planner-client relationship;
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attorney-client relationship;
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accountant-client relationship;
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agency relationship;
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partnership;
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joint venture; or
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employment relationship
between FXSPEC and a Member.
FXSPEC does not assume a fiduciary duty to Members by providing educational or informational Content.
22. DISCLAIMER OF WARRANTIES
THE WEBSITE, CONTENT, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FXSPEC DISCLAIMS WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
FXSPEC DOES NOT WARRANT THAT:
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THE WEBSITE WILL ALWAYS BE AVAILABLE;
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THE SERVICES WILL BE UNINTERRUPTED;
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CONTENT WILL BE ERROR-FREE;
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ALL INFORMATION WILL BE COMPLETE OR CURRENT;
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THIRD-PARTY INFORMATION WILL BE ACCURATE;
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THE WEBSITE WILL BE FREE OF TECHNICAL PROBLEMS;
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EVERY COMMUNICATION WILL BE DELIVERED;
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EVERY ALERT WILL ARRIVE WITHIN A PARTICULAR TIME;
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ANY PARTICULAR ANALYTICAL METHOD WILL BE SUCCESSFUL;
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ANY PARTICULAR MARKET OUTLOOK WILL PROVE CORRECT; OR
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USE OF FXSPEC WILL RESULT IN TRADING PROFITS OR INVESTMENT GAINS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FXSPEC DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, exclusions apply only to the maximum extent permitted by applicable law.
23. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FXSPEC, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ANALYSTS, AUTHORS, CONTRIBUTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO:
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USE OF THE WEBSITE;
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USE OF FXSPEC CONTENT;
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INABILITY TO ACCESS THE SERVICES;
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TRADING OR INVESTMENT DECISIONS;
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FINANCIAL LOSSES;
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LOSS OF PROFITS;
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LOSS OF TRADING CAPITAL;
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LOSS OF INVESTMENT CAPITAL;
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MISSED TRADING OPPORTUNITIES;
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BUSINESS INTERRUPTION;
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LOSS OF DATA;
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LOSS OF GOODWILL;
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RELIANCE UPON CONTENT;
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THIRD-PARTY SERVICES;
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MARKET DATA ERRORS;
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DELAYED INFORMATION;
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DELAYED ALERTS;
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SERVICE INTERRUPTIONS; OR
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ANY OTHER USE OF OR RELIANCE UPON FXSPEC.
You acknowledge that financial decisions involve independent judgment and that FXSPEC is not responsible for trades or investments undertaken by you.
To the maximum extent permitted by applicable law, the aggregate liability of FXSPEC arising from or relating to the Website, Content, Services, or these Terms shall not exceed the amount you paid directly to FXSPEC for the applicable Services during the twelve months immediately preceding the event giving rise to the claim.
Where applicable law does not allow a particular exclusion or limitation, that exclusion or limitation shall apply only to the maximum extent permitted by law.
Nothing in this Section eliminates any obligation expressly undertaken by FXSPEC under Sections 15 through 17 concerning material discontinuation of a prepaid paid Service.
24. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless FXSPEC and its affiliates, officers, directors, managers, members, employees, contractors, analysts, contributors, licensors, and service providers from claims, liabilities, losses, damages, costs, and reasonable legal expenses arising from or related to:
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your violation of these Terms;
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your unlawful use of the Website or Services;
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your infringement of another person’s rights;
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your unauthorized redistribution of FXSPEC Content;
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your misuse of your Account; or
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Content or communications submitted by you.
FXSPEC reserves the right to assume control of the defense of a matter otherwise subject to indemnification.
25. THIRD-PARTY LINKS
The Website or FXSPEC Content may contain links or references to websites, products, data, services, applications, or platforms operated by third parties.
Such links are provided for informational or convenience purposes.
A link does not necessarily constitute an endorsement by FXSPEC.
FXSPEC does not control and is not responsible for third-party:
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websites;
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content;
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privacy practices;
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products;
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services;
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representations;
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security; or
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business practices.
Your use of third-party services is at your own discretion and may be subject to separate terms.
26. PRIVACY
FXSPEC’s Privacy Policy governs FXSPEC’s collection, use, handling, and disclosure of personal information.
The Privacy Policy is incorporated into these Terms by reference.
By using FXSPEC, you acknowledge that you have had an opportunity to review the applicable Privacy Policy.
Different third-party services used by FXSPEC may maintain their own privacy policies.
27. ELECTRONIC COMMUNICATIONS
By creating an Account or purchasing Services, you agree that FXSPEC may provide transactional communications electronically.
These communications may include:
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Account notices;
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billing confirmations;
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Subscription information;
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security notices;
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changes to Services;
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changes to policies;
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renewal information; and
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other communications relating to your relationship with FXSPEC.
Marketing communications will be handled in accordance with applicable law and available consent or unsubscribe mechanisms.
28. MODIFICATIONS TO THESE TERMS
FXSPEC may revise these Terms from time to time.
The revised Terms will become effective when posted or on another effective date identified by FXSPEC.
Where applicable law requires additional notice, FXSPEC will provide such notice.
Changes to these Terms will not be used to retroactively remove material rights associated with Services already paid for where such removal would be prohibited by applicable law or inconsistent with the protections expressly provided elsewhere in these Terms.
Your continued use of the Website or Services after revised Terms become effective constitutes acceptance of the revised Terms to the extent permitted by law.
If you do not agree with revised Terms, you may discontinue use of the Services and cancel future Subscription renewal.
29. GOVERNING LAW AND JURISDICTION
These Terms and your use of the Website, Content, and Services shall be governed by the laws of the State of Florida, United States of America, without regard to conflict-of-law principles.
Subject to any non-waivable rights provided by applicable law, you agree that disputes arising from or relating to these Terms, the Website, Content, or Services shall be subject to the jurisdiction of the appropriate state or federal courts located in Florida.
You consent to personal jurisdiction in such courts and waive objections to venue or forum to the extent legally permitted.
30. INTERNATIONAL ACCESS
FXSPEC Content may be accessible from countries outside the United States.
FXSPEC does not represent that its Website, Content, products, or Services are appropriate, lawful, or available in every jurisdiction.
If you access FXSPEC from outside the United States, you are responsible for compliance with laws applicable to you.
Nothing provided by FXSPEC should be interpreted as an invitation to engage in a financial activity prohibited in your jurisdiction.
31. VOID WHERE PROHIBITED
Any FXSPEC product, Service, feature, offer, or provision of these Terms is void where prohibited by applicable law.
32. SEVERABILITY
If a court of competent jurisdiction determines that any provision of these Terms is invalid, unlawful, or unenforceable, the provision shall be enforced to the maximum extent permitted by law.
Where appropriate, the provision may be modified to reflect as closely as possible its intended lawful effect.
The remaining provisions shall continue in full force and effect.
33. NON-WAIVER
Failure by FXSPEC to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.
A waiver shall be effective only when expressly made by an authorized representative of FXSPEC.
34. ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, any applicable purchase terms, and any other written agreement expressly incorporated into these Terms, constitute the agreement between you and FXSPEC concerning the subject matter addressed herein.
They supersede prior versions of the Terms concerning the same subject matter, except where a separate written agreement expressly provides otherwise.
35. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without prior written authorization from FXSPEC.
FXSPEC may assign its rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, change in ownership, or other lawful business transaction.
36. NO THIRD-PARTY BENEFICIARIES
Except where expressly stated otherwise, these Terms do not create rights or remedies in favor of any person or entity other than you and FXSPEC.
37. HEADINGS
Section headings are provided for convenience and organization only.
They do not independently create or modify legal obligations.
38. GOVERNING LANGUAGE
These Terms are written in English.
If translated into another language, the English version shall govern to the extent permitted by applicable law in the event of an inconsistency.
39. CONTACT FXSPEC
Questions regarding these Terms, billing, subscriptions, Account access, suspected fraud, unauthorized solicitation, or FXSPEC Services may be directed to:
FXSPEC
Email: admin@fxspec.com
Website: www.fxspec.com