These Terms and Conditions, together with each and every document, policy, schedule, annex, notice, rule, parameter and instrument that is expressly or by necessary implication incorporated herein by reference (including, without limitation and for the avoidance of any doubt whatsoever, the Privacy Policy, the Refund Policy and the Risk Rules), as the same may be amended, varied, supplemented, restated, novated, consolidated or otherwise modified from time to time and at any time in accordance with the provisions set out herein (collectively, and howsoever described, the "Terms"), constitute and shall at all times be construed as constituting a single, integrated, legally binding and enforceable agreement entered into by and between you, whether you are acting in your own name and on your own behalf or in the name of, for the benefit of, or as agent, representative or nominee for any other natural or legal person or unincorporated body of persons (hereinafter, and interchangeably, "you", "your", the "User", the "Trader" or the "Client"), of the one part, and FundFX Trader (hereinafter, and interchangeably, "FundFX Trader", the "Company", "we", "us" or "our"), of the other part, and shall govern, regulate, condition and apply to, in their entirety and to the fullest extent permitted by any applicable law and to the exclusion of any and all prior or contemporaneous representations, understandings, arrangements or agreements, whether written or oral, express or implied, your access to, registration with, browsing of, connection to, interaction with, reliance upon and use of, in any manner and by any means whatsoever, the FundFX Trader website, the evaluation programs, the simulated trading accounts, the associated dashboards, portals and interfaces, and any and all content, features, functionality, materials and services made available in connection therewith (collectively, and without limitation, the "Services"). By creating, registering or activating an account, by purchasing, subscribing to, activating or accessing any evaluation, product or account, or by otherwise accessing, using, or continuing to access or use the Services in any way, at any time and to any extent whatsoever, you irrevocably, unconditionally and unreservedly acknowledge, represent, warrant, confirm and agree that you have read, examined, considered and understood these Terms in their entirety, that you have had a full and fair opportunity to obtain such independent professional, legal, financial or other advice as you may consider appropriate or necessary, and that you accept and agree to be bound by, and to comply with, each and every provision hereof; and, for the avoidance of doubt, if you do not so agree, in whole or in part, you must forthwith cease and refrain from accessing or using the Services in any manner.
For the purposes of these Terms, and save and except where the context otherwise requires or a contrary intention appears, the following words and expressions shall bear the following meanings, and cognate expressions shall be construed accordingly: "Challenge" or "Evaluation" means any skill-assessment program, whether comprising one or more sequential, concurrent or conditional phases, offered, made available or administered by the Company from time to time and at any time; "Funded Account" means a simulated account which may, in the sole, absolute and unfettered discretion of the Company, be offered or made available to a User who has satisfied, and who continues at all material times to satisfy, each and all of the applicable objectives, conditions, rules and requirements; "Plan" means, in respect of any particular product, the specific configuration of parameters, objectives, fees, rules, restrictions and conditions published, displayed or otherwise made available at or around the point of sale, together with its associated version, iteration or revision identifier; "Prohibited Practices" means, without limitation, the conduct described in the section so entitled and elsewhere in these Terms and in the Risk Rules; and "Rules" means, collectively and severally, the trading rules, risk parameters, thresholds, objectives, restrictions and requirements set out, referred to or contemplated in the Risk Rules and in the applicable Plan.
In these Terms, unless a contrary intention appears or the context otherwise requires: (i) words importing the singular include the plural and vice versa, and words importing any gender include every gender; (ii) headings, sub-headings and numbering are inserted for convenience and ease of reference only and shall not affect, condition or be taken into account in the construction or interpretation of these Terms; (iii) any reference to "including", "includes", "in particular", "for example" or any similar expression shall be construed as illustrative and without limitation, and shall not limit the sense of the words preceding or following those terms; (iv) any reference to a statute, statutory provision, rule, regulation or document shall be construed as a reference to the same as amended, re-enacted, replaced, extended, consolidated or modified from time to time; (v) references to a "person" include any natural person, body corporate, partnership, association, trust, governmental or regulatory authority or other entity, whether or not having separate legal personality; and (vi) the words "hereof", "herein", "hereunder" and words of similar import refer to these Terms as a whole and not to any particular provision. For the avoidance of doubt, the introductory paragraph, the recitals (if any) and each defined term shall apply throughout these Terms and to each and every document incorporated herein by reference.
The Services comprise, consist of and are limited to skill-assessment programs which are conducted, operated and administered exclusively and at all times within a simulated (that is to say, "demo") trading environment that references, incorporates or utilizes market data solely and exclusively for evaluative, assessment and educational purposes and for no other purpose whatsoever. You hereby acknowledge, agree, represent, warrant and expressly and irrevocably understand that, notwithstanding anything to the contrary that may appear or be inferred elsewhere: (a) no order, instruction or transaction placed, entered, submitted or generated by you or on your behalf is, at any time or in any circumstances, transmitted to, routed to, matched against, cleared through or executed upon any live, real or external market, order book, liquidity venue, exchange or counterparty; (b) no real, actual or client capital is, at any time or in any circumstances, deployed, committed, invested, managed, administered, safeguarded, held or placed at risk by, with or on behalf of you or any other person; (c) any and all figures, balances, equity, profit, loss, metric, result or value that may be displayed, recorded, generated or communicated are notional, hypothetical and illustrative only, are generated solely and exclusively for the purpose of assessing trading skill, and confer, create or give rise to no right, title, interest, claim, entitlement or expectation, of any nature whatsoever, to or in any corresponding sum of money, save strictly, expressly and exclusively as, if, when and to the extent expressly and unambiguously provided in these Terms in respect of a payout, and then only subject to and in accordance with each and all of the applicable conditions, rules and requirements; and (d) the simulated environment does not, and does not purport, represent, warrant or undertake to, replicate, reproduce or reflect all, or indeed any particular, of the conditions, costs, frictions, latencies, slippage, liquidity constraints, spreads or risks that would or might be encountered in live, real or external trading.
For the further avoidance of any and all doubt, nothing contained in, generated by, displayed through, or communicated by means of the Services constitutes, or shall in any circumstances be construed, relied upon or represented as constituting, financial, investment, trading, tax, accounting, legal or other advice, a personal recommendation, an inducement, an invitation, a solicitation or an offer to buy, sell, subscribe for, hold or deal in any financial instrument, security, asset or product, nor any assurance, representation, warranty, guarantee or undertaking, whether express or implied, as to any performance, outcome, result or return. The Company is not, does not act as, and shall not be deemed or represented to be, a bank, broker, broker-dealer, dealer, exchange, custodian, depositary, money-services business, payment institution, investment firm, portfolio manager, asset manager, fund, adviser or financial adviser, and does not receive, hold, custody, administer, manage or control any funds, monies or assets belonging to, or held for the account of, the Trader. You are, were, and shall at all times remain, solely, exclusively and personally responsible for your own decisions, conduct, acts and omissions.
You represent, warrant, covenant and undertake to and in favour of the Company, on a continuing basis and as a fundamental condition of, and afresh upon each occasion on which you access or use, the Services, that: (a) you are of the age of at least eighteen (18) years and possess full, unimpaired and unqualified legal capacity, power and authority to enter into, be bound by and perform a binding contract; (b) you are not, and are not acting directly or indirectly on behalf of or for the benefit of any person who is, a resident, citizen, national, incorporated entity or agent of, nor located, established or organised in, any country, territory or jurisdiction that is the subject or target of any comprehensive sanctions, embargoes, restrictive measures or equivalent prohibitions, and you are not a person with, for or on behalf of whom dealing is prohibited, restricted or otherwise subject to authorisation under any applicable sanctions regime; (c) your access to and use of the Services does not and will not contravene, breach or conflict with any law, regulation, rule, order, judgment or other requirement applicable to you or to any person on whose behalf you act; and (d) all information, data and documentation supplied by you is and shall remain true, accurate, current, genuine, complete and not misleading in any respect.
The Company may, at any time and from time to time, in its sole discretion and without thereby incurring any liability of any nature whatsoever, request, require and verify such documentation, information or evidence as it may consider necessary, appropriate or desirable for the purposes of, without limitation, identity verification, eligibility confirmation, age verification, fraud prevention and detection, sanctions screening, anti-money-laundering and counter-terrorist-financing compliance, and the fulfilment of any legal, regulatory or internal obligation, and may suspend, restrict, freeze, withhold, decline, limit or terminate, in whole or in part, any access, evaluation, account, benefit or payout pending the satisfactory provision, completion and verification thereof, or where the Company reasonably suspects or determines that any representation, warranty or undertaking in this section is, has become or is likely to be untrue, inaccurate, incomplete or misleading.
You undertake, covenant and agree to provide and submit information that is accurate, current, genuine, truthful and complete upon and in connection with registration, and to maintain, update, correct and keep current such information, promptly and without undue delay, so that the same remains accurate, current, genuine, truthful and complete at all times and in all respects. Save where the Company has expressly authorised otherwise in writing, each natural person may, at any one time, hold, control, operate and benefit from one (1) client account only, and the creation, holding, control, operation of, or benefit from, multiple accounts, whether directly or indirectly, personally or through any other person, alone or in concert, combination or collusion with one or more other persons, is and shall be strictly prohibited and may, without limitation and without prejudice to any other right or remedy of the Company, result in the immediate suspension, restriction, reset, closure or termination of any or all such accounts and the withholding or forfeiture of any and all associated benefits.
You are and shall at all times remain solely, exclusively and personally responsible for establishing, maintaining and safeguarding the confidentiality, integrity and security of your credentials and access details, and for any and all activity, conduct, acts and omissions occurring under, through or by means of your account, whether or not the same is or was authorised, known or intended by you. You shall notify the Company promptly, and in any event without undue delay, upon becoming aware of, or upon having reasonable grounds to suspect, any actual, attempted or suspected unauthorised access, use, disclosure, loss, theft or other compromise. To the maximum extent permitted by applicable law, the Company shall not be liable or responsible for any loss, damage, cost or expense of any nature whatsoever arising out of or in connection with any failure by you to comply with the provisions of this section.
Each Evaluation may comprise, consist of or be structured as one or more sequential, concurrent or conditional phases, each of which shall be subject to, governed by and conditioned upon its own respective objectives, parameters, thresholds, timeframes, restrictions and Rules, as the same are published, displayed or otherwise made available in respect of the applicable Plan and the applicable Plan version at or around the point of sale. Save as otherwise expressly stated, an evaluation account is and shall be activated upon, and its associated period shall commence upon, the placing of your first order, from and after which point the Rules apply in full, without interruption, suspension or abatement, and at all times. In order to progress to any subsequent phase, or to be recorded, treated or deemed as having passed any phase, you must attain the profit objective published for your Plan while, continuously, uninterruptedly and at all times, complying with, observing and satisfying the daily loss limit, the maximum loss limit and each and every other applicable Rule, restriction and requirement; and, for the avoidance of doubt, the attainment of any objective concurrently with, by means of, or in circumstances involving, any breach, contravention or circumvention of any Rule shall not constitute, and shall not be treated or deemed to constitute, a pass, and may itself constitute a Prohibited Practice.
The Company may, at any time and from time to time, in its sole discretion and where technically, operationally or commercially reasonable or convenient, introduce, add, vary, amend, version, revise, suspend, withdraw or discontinue any Plan and any of its respective parameters, objectives, fees, rules, restrictions or conditions. Any such change, modification or variation shall operate prospectively only, and shall not, of itself and without more, alter, affect or condition the conditions applicable to any product, evaluation or account already purchased, save pursuant to a formal, authorised and duly documented process. Each and every purchase is and shall be bound, tied and referable to the specific Plan and the specific Plan version contracted at the time of purchase, which shall prevail, govern and take precedence in the event of any inconsistency, ambiguity or conflict.
The offer, grant or making available of a Funded Account, if any and if at all, is and shall be made in the sole, absolute and unfettered discretion of the Company, and is and shall be conditional upon, and subject in all respects to, your having satisfied, and your continuing at all material times to satisfy, each and all of the applicable objectives, conditions, Rules and requirements. The parameters of any Funded Account, including, without limitation, the profit-sharing percentage, the payout cycle, any scaling, progression or step-up arrangements, and any applicable buffer, holding or retention conditions, are and shall be those published in respect of the relevant Plan, and are and shall remain subject to these Terms in their entirety. Neither the offer of a Funded Account, nor any continued access to or use of one, shall be construed, treated or deemed as creating, evidencing or giving rise to any employment, partnership, joint venture, agency, fiduciary, custodial or investment-management relationship of any kind whatsoever.
Each and every payout request is and shall be subject to review, verification (including, without limitation, of identity and of compliance with the Rules) and approval prior to, and as a condition of, any processing or payment. The Company may, in its discretion and without incurring any liability, withhold, reduce, adjust, set off, reverse, deny, decline or delay any payout, in whole or in part, and may suspend, restrict, reset, close or terminate any account and withhold or forfeit any and all associated benefits, where it identifies, detects or reasonably suspects any breach or contravention of these Terms, any Prohibited Practice, any manipulation, collusion or coordinated conduct, any error, or any conduct, act or omission producing or tending to produce results that do not reflect genuine, good-faith and independent trading skill. Payouts are and shall be effected solely and exclusively through such methods as the Company may from time to time make available, and may be subject to minimum thresholds, timing windows, verification requirements and deductions as published or as required by applicable law.
Your use of, access to and operation of each and every evaluation and Funded Account is and shall be subject, at all times and in all respects, to the Rules and to the Prohibited Practices set out, referred to or contemplated in the Risk Rules, which are hereby incorporated into and form an integral, indivisible and inseparable part of these Terms. Without prejudice to, and without limiting the generality of, the foregoing or of the Risk Rules, the following are and shall be prohibited: (i) the use, holding, control or operation of multiple accounts, or the acting in concert, combination or collusion with any other person or persons, so as to circumvent, evade or defeat any risk limit, the single-account requirement, or any other Rule, or so as to hedge across accounts or coordinate opposing or offsetting positions; (ii) the exploitation, or attempted exploitation, of any error, inaccuracy, latency, delay or deficiency in pricing, quotation, execution, connectivity or the platform; (iii) latency arbitrage and any and all other forms of arbitrage abuse; (iv) so-called tick-scalping, and any strategy, technique or conduct predicated upon, dependent upon or exploiting non-market pricing or technical deficiencies rather than genuine and independent market performance; and (v) the use of any unauthorised automated trading tool, expert advisor, script, bot or algorithm.
Where any Rule is breached, contravened or circumvented, or where any Prohibited Practice is identified, detected or reasonably suspected, the Company may, in its sole discretion, at any time, and where technically possible, take, apply or impose any one or more of the following actions, whether cumulatively, successively, alternatively or in combination: the issuance of a warning; the marking of the account for manual review; the restriction, limitation or disabling of trading; the closing of open positions; the failing of the Evaluation; the withholding, reduction or forfeiture of any benefit or payout; and the suspension, reset, closure or termination of the account. The Company reserves the right to determine, acting reasonably, whether any conduct constitutes, or is likely to constitute, a Prohibited Practice, and to treat any attempt, and any conduct, act or omission designed, intended or tending to achieve or facilitate a prohibited outcome, in the same manner as the practice itself. Critical actions are designed to be idempotent, to be recorded and logged, and, where the applicable process so permits, to be subject to review.
The fees, prices and charges payable in respect of any product, evaluation or account are and shall be those displayed, published or otherwise made available at checkout at the time of purchase, and are and shall be payable in full, in advance, in cleared funds and without any deduction, set-off, counterclaim or withholding, through and by means of such payment methods as are made available at checkout. All fees are and shall be exclusive of any and all taxes, levies, duties, imposts, withholdings, surcharges or charges of any nature whatsoever, all of which shall be borne, paid and discharged by you unless and except to the extent expressly stated to be included; and, where the Company is required or entitled to collect, charge or account for any such amount, the same shall be added to, and payable in addition to, the sums otherwise payable. You represent, warrant and undertake that any payment instrument, method or account used by you is and shall be lawfully and beneficially yours and that you are and shall be duly and fully authorised to use it.
You agree, covenant and undertake not to initiate, request, procure or permit, and to procure that no person acting on your behalf or at your direction initiates, requests, procures or permits, any chargeback, payment reversal, dispute, retrieval or claim in respect of any fee, price or charge otherwise than strictly in accordance with these Terms and the Refund Policy and having first contacted the Company in good faith and afforded it a reasonable opportunity to investigate, address and resolve the matter. The initiation of any unjustified, premature or improper chargeback, reversal or dispute constitutes and shall be treated as a material breach of these Terms, and may, without limitation and without prejudice to any other right or remedy, result in the immediate suspension, closure or termination of any or all of your accounts and the withholding or forfeiture of any and all associated benefits, in each case without prejudice to any and all sums owed by you and to any and all other rights or remedies available to the Company at law, in equity or otherwise.
The fees paid in respect of evaluations, Plans and related products confer, and are paid in consideration of, immediate access to a digital service that is made available upon confirmation of payment and that is, by its nature, provided, consumed and performed at once. Accordingly, and save and except to the extent otherwise required by the mandatory provisions of any applicable law or as expressly and unambiguously provided in the Refund Policy (which is hereby incorporated into and forms an integral part of these Terms), all fees are and shall be final, definitive and non-refundable, and no right to any refund, credit, set-off, exchange or reimbursement shall arise, accrue or subsist. In the event of any inconsistency, ambiguity or conflict between this section and the Refund Policy, the Refund Policy shall prevail and take precedence in respect of its subject matter.
All right, title, interest and goodwill in, to and under the Services, including, without limitation, the website, the platform, the software, the source and object code, the databases, the compilations, the designs, the layouts, the text, the graphics, the images, the audiovisual materials, the trademarks, the service marks, the trade names, the logos, the get-up and all other content and materials, together with any and all intellectual property rights and proprietary rights of any nature whatsoever subsisting therein or in relation thereto (whether registered or unregistered and whether now existing or arising in the future), are, remain and shall at all times remain the sole and exclusive property of the Company or its licensors. Subject to, and conditional upon, your continued and full compliance with these Terms, the Company grants to you a limited, personal, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable licence to access and use the Services solely, exclusively and strictly for their intended purpose and for no other purpose whatsoever.
You shall not, and shall not attempt to, and shall not authorise, permit, procure or enable any third party to, whether directly or indirectly, in whole or in part: copy, reproduce, republish, resell, rent, lease, lend, sublicense, distribute, transmit, broadcast, publicly display or perform, frame, mirror, or otherwise exploit or make available the Services or any content or materials; modify, translate, adapt, arrange or create any derivative works; decompile, disassemble, reverse engineer or otherwise attempt to discover, derive or reconstruct any source code, structure, sequence, organisation or underlying ideas; remove, obscure, alter or interfere with any proprietary, copyright, trademark or other notice; scrape, harvest, index, crawl or use any automated, robotic or programmatic means to access, monitor or copy the Services; or use, register or apply for the Company's brand, name, trademarks, service marks or trade names, or any confusingly similar sign, without the Company's prior express written consent.
You shall not, and shall not attempt to, use, access or exploit, and shall not authorise, permit or enable any other person to use, access or exploit, the Services: for any unlawful, fraudulent, deceptive, dishonest, abusive, harassing, harmful or improper purpose; in any manner that could or might disable, overburden, impair, degrade, damage, disrupt or interfere with the operation, performance, availability, integrity or security of the Services or of any network, system or infrastructure; to gain or attempt to gain unauthorised access to any account, system, data or network; to introduce, transmit or facilitate any virus, malware, worm, trojan, ransomware or other harmful, malicious or disruptive code, routine or component; to engage in, facilitate or further any money laundering, terrorist financing, fraud, market abuse or sanctions evasion; or otherwise in any manner that breaches, contravenes or conflicts with any applicable law, regulation, rule or third-party right. Any breach or suspected breach of this section may result in the immediate suspension, restriction or termination of the Services and in the Company pursuing any and all available rights and remedies.
To the maximum and fullest extent permitted by any applicable law, the Services are and shall be provided, made available and accessed on an "as is", "as available" and "with all faults" basis, without any warranty, condition, representation, term, undertaking or guarantee of any kind or nature whatsoever, whether express, implied, statutory, collateral or otherwise, all and each of which are hereby expressly, unequivocally and irrevocably excluded, disclaimed and negatived to the fullest extent permitted by law, including, without limitation, any and all implied warranties, conditions or terms of or relating to merchantability, satisfactory or acceptable quality, fitness or suitability for any particular or general purpose, title, quiet enjoyment, non-infringement, accuracy, completeness, currency, reliability, availability, continuity, uninterrupted, timely, secure or error-free operation or access, or that any defect, error or non-conformity will or can be corrected. The Company does not warrant, represent, guarantee or undertake, and expressly disclaims any warranty, representation, guarantee or undertaking as to, the accuracy, completeness, timeliness, sequence, currency, adequacy or reliability of any market data, quotation, metric, result or content, any or all of which may be delayed, interrupted, suspended, inaccurate, incomplete or unavailable.
To the maximum and fullest extent permitted by any applicable law, in no event and under no circumstances shall the Company, its affiliates, or any of their respective officers, directors, employees, agents, contractors, suppliers or licensors, be liable or responsible to you or to any other person, whether in contract, tort (including negligence), breach of statutory duty, misrepresentation, restitution or otherwise, and whether or not advised, aware or on notice of the possibility of the same, for any indirect, incidental, special, consequential, exemplary, aggravated or punitive loss or damage of any kind, or for any loss of or damage to profits, revenue, income, business, contracts, anticipated savings, goodwill, reputation, data or opportunity, in each case whether direct or indirect and howsoever and whensoever arising, including, without limitation, any loss or damage arising out of or in connection with any technical failure, connectivity issue, data delay, interruption, suspension, unauthorised access, act or omission of any third party, or any event, circumstance or cause beyond the Company's reasonable control. To the extent that any liability cannot lawfully be excluded, the aggregate and cumulative liability of the Company arising out of or in connection with the Services and these Terms shall not exceed, and shall in all circumstances be limited to, the amount actually paid by you to the Company for the specific product giving rise to the relevant claim.
You shall indemnify, defend and hold harmless, on demand and on a full-indemnity basis, the Company and each of the persons referred to above, from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, penalties, fines, costs and expenses (including, without limitation, reasonable legal and professional fees and disbursements) of any nature whatsoever suffered or incurred by any of them arising out of or in connection with any breach by you of these Terms, any misuse by you of the Services, or any violation by you of any applicable law, regulation or third-party right.
The Company may, at any time and from time to time, in its sole discretion and without incurring any liability of any nature whatsoever, suspend, restrict, limit, disable or terminate your access to and use of the Services, any Evaluation, any product or any account, in whole or in part, with or without prior notice and with or without cause, where it reasonably considers, suspects or determines that you have breached, contravened or circumvented, or are likely to breach, contravene or circumvent, these Terms or the Rules, that such action is necessary, appropriate or desirable to protect the Services, the Company, other users or any third party, or that it is required or permitted to do so by any applicable law, regulation or order. Upon and following any termination, expiry or cessation, howsoever arising, the licence and rights granted to you shall immediately and automatically cease and determine, and you shall forthwith cease and discontinue any and all access to and use of the Services. Any and every provision of these Terms which, by its nature or express terms, is intended or ought to survive termination, expiry or cessation, including, without limitation, those provisions concerning definitions, intellectual property, disclaimers, limitation of liability, indemnity, confidentiality, governing law and these miscellaneous provisions, shall so survive and continue in full force and effect.
The Company may, at any time and from time to time and in its sole discretion, amend, vary, modify, supplement, restate, replace or otherwise change these Terms and the parameters, features, functionality and scope of the Services, in whole or in part. Any and every such amendment, variation, modification or change shall take effect prospectively upon publication or upon such later date as may be specified, and shall not, of itself and without more, alter or affect the conditions of any product already purchased save as required by any applicable law or pursuant to a formal, authorised and documented process. Material amendments will be communicated through the website or by electronic mail; and, for the avoidance of doubt, your continued access to or use of the Services following the effective date of any amendment, variation, modification or change constitutes and shall be treated as your acceptance of, and agreement to be bound by, the amended Terms; and if you do not accept the same, in whole or in part, you must forthwith cease and discontinue all access to and use of the Services.
Official communications and notices given or made by or to the Company are and shall be given, made, delivered or served through your account dashboard, through the contact form made available on the website, or through the electronic-mail address associated with, or provided in connection with, your account, and shall be deemed to have been duly given, made, received and effective at the time of sending or of being made available, whether or not actually read or accessed. You are and shall remain solely responsible for establishing and maintaining accurate, current and complete contact details, for ensuring that communications from the Company are not filtered, blocked, quarantined or otherwise prevented from being received, and for regularly reviewing communications sent or made available to you. You hereby consent, agree and acknowledge that any and all communications, notices, disclosures, agreements and other documents relating to the Services may be provided, given and made available to you by electronic means, and that such electronic provision satisfies any legal requirement that such communications be in writing.
These Terms, their subject matter, their formation, existence, validity, interpretation and performance, and any and all disputes, claims, differences or controversies arising out of or in connection with the same (including any non-contractual disputes, claims or obligations), are and shall be governed by, and construed and take effect in accordance with, the laws applicable to the operation of FundFX Trader, without regard or reference to any conflict-of-laws rules or principles that would or might result in the application of the laws of any other jurisdiction. Prior to and as a condition precedent to the commencement of any formal proceeding, action or claim, you agree to notify the Company in writing and to engage and negotiate in good faith, for a reasonable period, with a view to reaching an amicable resolution or settlement. Nothing in this section shall exclude, restrict, limit or affect any mandatory right, protection or remedy that may be available to you and that cannot lawfully be excluded, restricted, limited or affected under the consumer-protection laws of your place of residence.
These Terms, together with and including the Privacy Policy, the Refund Policy and the Risk Rules and each and every other document incorporated herein by reference, constitute the entire and whole agreement and understanding between you and the Company with respect to their subject matter, and supersede, extinguish and replace any and all prior or contemporaneous agreements, understandings, arrangements, representations, statements, negotiations and communications, whether written or oral, express or implied. If any provision, or any part of any provision, of these Terms is or becomes or is held or found by any court, tribunal or competent authority to be invalid, illegal, void, voidable or unenforceable, in whole or in part, that provision or part shall, to the extent required, be deemed severed, deleted and modified to the minimum extent necessary, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected, impaired or prejudiced and shall continue in full force and effect. No failure, delay, forbearance or indulgence by the Company in exercising, and no single or partial exercise of, any right, power or remedy shall operate or be construed as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right, power or remedy; and any waiver must be express and in writing. You may not assign, transfer, charge, subcontract, delegate, novate or otherwise deal in or dispose of any or all of your rights or obligations under these Terms without the Company's prior express written consent; the Company may assign, transfer, charge, subcontract, delegate, novate or otherwise deal with any or all of its rights and obligations freely and without restriction or consent. Nothing in these Terms creates or shall be construed as creating any partnership, joint venture, agency, fiduciary, trust or employment relationship between the parties, and there are and shall be no third-party beneficiaries. In the event of any inconsistency, ambiguity or conflict between the English-language and Spanish-language versions of these Terms, the version in which you contracted shall prevail and take precedence to the fullest extent permitted by applicable law.