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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE (THE "TERMS") BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS.
These TERMS explain the terms and conditions governing your use of the Currenex® Web site and all related site content, features, software, electronic communications and transaction services, security devices and data (collectively, the "Service"). By accessing and using the Service, you signify your acceptance of and agreement to the TERMS - for yourself and on behalf of your company or organization. From time to time, Currenex may modify the TERMS. Please continue to review the TERMS whenever accessing or using this site. Your use of the Service, after the posting of modifications to the TERMS, will constitute your acceptance of the TERMS, as modified.
To the extent these TERMS directly conflict or are inconsistent with any provisions of any written agreement entered into between your company or organization and Currenex, the terms of such written agreement will govern.
1. Assent to Terms and Conditions of Service. You represent that you have read and agree to be bound by these TERMS. You further agree: (a) to comply with U.S. and any other applicable law regarding the use of the Service; (b) not to use information obtained from the Service for illegal purposes; and (c) not to interfere or disrupt networks connected to the Service. You agree to use the Service solely for the use and benefit of your own company or organization and its affiliates, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. Except as otherwise expressly agreed by Currenex, you acquire no rights or licenses in or to the Service or materials contained therein other than the limited right to utilize the Service in accordance with these TERMS. You acknowledge that Currenex may charge a fee or fees, including but not limited to monthly subscription charges, for access to certain parts of the Service. Such fees will be established pursuant to notices and/or agreements provided to you separately in writing or electronically.
2. Registration and User Authenticators. Currenex may permit parts of the Service to be accessed only by users that have completed a registration process and/or service contract. In connection with registration and/or completion of a contract, you agree to provide Currenex with accurate, complete and current information regarding yourself and your company or organization. By completing such registration process and/or contract, you agree that all information submitted by you in connection with the registration process may be used in accordance with Currenex's Privacy Policy.
Following registration, you may be assigned or allowed to establish one or more user identifiers and initial passwords and/or other forms of authentication (collectively, "Authenticators") to be used to securely access the Service. You may access the Service only by using such Authenticators or additional or replacement Authenticators created pursuant to methods established by Currenex. You acknowledge that any individual to whom you provide such Authenticators is authorized to act on behalf of you and your company or organization, including, without limitation, to change such Authenticators, and it is your sole responsibility to keep all Authenticators and other means of access confidential and secure from unauthorized use. You shall be solely responsible for the use of any content, data, information or services obtained, and for all communications transmitted, by any person using your Authenticators and other security data. You agree to notify Currenex immediately upon becoming aware of any breach of security relating to the Service or any of your Authenticators.
3. Further Restrictions on Use. YOU MAY NOT LICENSE, PUBLISH, MODIFY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, CREATE DERIVATIVE WORKS FROM, OR IN ANY WAY COMMERCIALLY EXPLOIT ANY PART OF THE SERVICE, EXCEPT YOU MAY COPY AND DOWNLOAD INFORMATION FROM THE SERVICE IN CONNECTION WITH THE PROPER USE OF THE SERVICE WITHIN YOUR COMPANY OR ORGANIZATION OR ITS AFFILIATES. YOU AGREE NOT TO ALTER OR DELETE ANY COPYRIGHT OR OTHER PROPRIETARY NOTICES CONTAINED WITHIN ANY MATERIAL COPIED FOR SUCH PURPOSES. YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY MEDIUM INCLUDING BUT NOT LIMITED TO A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF CURRENEX. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT ANY PRODUCT OR SERVICE. NOR MAY THE SERVICE BE USED TO IMPROVE THE QUALITY OF ANY DATA OR INFORMATION SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY.
4. Communications between Users. If you use the Service to communicate with one or more other users of the Service, you agree that any such communications will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or Currenex. You agree to use the Service to communicate with other users for legitimate business purposes only. CURRENEX IS NOT RESPONSIBLE FOR THE CONTENT OF ANY COMMUNICATION BETWEEN OR AMONG USERS THROUGH THE SERVICE, including, without limitation, any data, advice, recommendations, commitments or information acted upon, whether reasonably or unreasonably, by any user. Currenex does not give advice or make any representations, warranties or endorsements as to the validity, character or legal effect of any communication between or among users through the Service. COMMUNICATIONS BETWEEN USERS THROUGH THE SERVICE MAY BE MONITORED, RECORDED AND/OR REVIEWED BY CURRENEX. Currenex reserves the right to disclose any information submitted to the Service as Currenex deems necessary to comply with applicable law, regulation or legal process. For further information about the privacy of communications through the Service, please see Currenex's Privacy Policy. Currenex reserves the right to terminate your access to any communication-related feature of the Service at any time, without notice, for any reason whatsoever.
5. Intellectual Property. The names Currenex, the Currenex logo, "A More Enlightened Exchange"® and the other works and elements comprising the Service are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. The Service also contains content and information contributed by third parties ("Content Contributors") that is also protected by copyright and other laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Currenex and others (including Content Contributors) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Currenex and such others. You agree to notify Currenex in writing promptly upon becoming aware of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trade names, trademarks, service marks, databases, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications, works of authorship, marks and registrations relating to the Service shall, as between you and Currenex, at all times be and remain the sole and exclusive property of Currenex. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Currenex.
6. Linking And Framing. Without the specific, written consent by Currenex, you may not cause or authorize any Web site to be linked to the Currenex Web site or any internal or subsidiary page thereof or any other part of the Service, or bring up or present the content of this Web site or other part of the Service within another Web site.
7. Disclaimer of Warranties; Third Party Sites. You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, products or advertisements are provided "AS IS" and that Currenex and its Content Contributors make no warranty of any kind, express or implied, as to such items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Currenex does not warrant that the Service is compatible with your equipment or is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage (including without limitation loss of data) you may suffer as a result of such destructive features. Currenex will take commercially reasonable security precautions with respect to the protection and preservation of data transmitted through the Service, but Currenex disclaims any liability for any loss, disruption or interception of any such data or communications except due to the intentional misconduct of Currenex. Currenex shall not be responsible for, and makes no warranties regarding, the access, speed or availability of Internet or network services. You agree that Currenex, its Content Contributors and its third-party agents shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Currenex, its employees, subcontractors, agents, Content Contributors or otherwise, arising in connection with your access to the Service; or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. Content and services made available by Content Contributors, either through the Currenex Web site or through other Web sites linked to the Service (collectively, "Third Party Services"), are not maintained or controlled by Currenex. Currenex does not make any warranty, express or implied, with respect to the use of Third Party Services or the accuracy, completeness, usefulness or adequacy of any Third Party Services. Currenex is also not responsible for the reliability or continued availability of the telecommunication services or equipment you use to access the Service. You acknowledge that Currenex has the right to change the content or technical specifications of any aspect of the Service at any time in Currenex's sole discretion. You further accept that such changes may result in your being unable to access the Service.
8. Further Disclaimers. THE SERVICE does not constitute or represent any board of trade, securities or commodities exchange or other body subject to regulation under U.S. law. The content contained within the Service in no way constitutes an offer by Currenex or any of its content contributors to sell or buy any securities, commodities or investment advisory services. Currenex is neither a party nor an agent of any party to any foreign exchange-related transaction conducted through the Service, nor is Currenex engaged in the business of dealing in, exchanging or making a market in currency, securities or commodities. Currenex makes no representations, including those of creditworthiness, regarding any user of the Service or party to any transaction conducted through the Service. Currenex does not advise, recommend, or render an opinion with respect to any information or transaction and shall not be responsible for your use or any third party's use of any information obtained from or submitted to the Service or any third party services.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CURRENEX, ITS CONTENT CONTRIBUTORS OR ITS THIRD-PARTY AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF CURRENEX HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS, DATA, CONTENT, PRODUCTS OR SERVICES CONTAINED WITHIN THE SERVICE OR ANY PROVISION OF THESE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
10. Indemnification. You agree, for yourself and on behalf of your company or organization, to indemnify, defend and hold harmless Currenex and its employees, representatives, Content Contributors and agents, against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) a violation of these TERMS by you or anyone using your computer; (iii) any deletions, additions, insertions or modifications to, or any unauthorized use of, the Service by you or someone using your computer; or (iv) any misrepresentation or breach of representation, warranty or covenant made by you contained herein.
11. Termination. Currenex reserves the right to terminate or suspend any person's access to this Web site or the Service at any time.
12. Governing Law; Disputes. These TERMS shall be governed and construed in accordance with the laws of the United States of America and the State of California, without giving effect to conflicts-of-law principles thereof. You agree that, except with respect to any action for injunctive relief, all disputes arising out of or in connection with your use of the Service shall be finally and exclusively settled by binding arbitration before a single arbitrator in Santa Clara County, California, such arbitration to be conducted pursuant to the AAA rules for commercial disputes. A judgment upon any award rendered in such arbitration may be entered in any court having jurisdiction of the parties.
13. Access Outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws. The Service is not intended for use by or distribution to any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
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