Online Service Agreement. This Online Services Agreement (this "Agreement") applies to (i) the Manchester Financial Group, Inc. and fxop.com Web site (the "Web site") and (ii) the electronic content contained on the Web site, as well as any features or content we may add in the future (the "Services"). This Agreement serves as the terms and conditions for the Web site ("Terms and Conditions"). In continuing to access or use the Web site, you agree to follow the Terms and Conditions of this Agreement as they may apply to you.
In addition, Manchester will advise current registered users by e-mail of material changes to the Terms and Conditions. Manchester may offer other services from time to time that are governed by different or additional terms and conditions. The Services are subject to any disclosures or disclaimers found within the Services. Manchester reserves the right to modify or discontinue, temporarily or permanently, a Service (or any part thereof) with or without notice. You agree that Manchester will not be liable to you or to any third party for any modification, suspension or discontinuance of a Service. Registration Information and Requirements
Limited License Manchester grants you a non-exclusive, non-transferable and limited personal license to access and use the Web site. This license is conditioned on your continued compliance with the terms and conditions in this Agreement. You agree not to resell or permit access to the Web site to others and not to copy any materials appearing on the Web site for resale to others. You further agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Web site. You shall not obtain any intellectual property rights in or any right or license to use such materials or the Web site other than as set out herein. Communications Unless otherwise indicated for a particular Service, any communications or material of any kind that you e-mail, post or otherwise transmit through the Services, including data, questions, comments or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Manchester Financial Group to reproduce, disclose, transmit, publish, broadcast or post your Communications either on the Web site or elsewhere with no liability or obligation to you. Manchester is free to use any idea, concept, know-how or technique contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information. Manchester, its affiliates and agents are entitled, but not obligated, to review or retain your Communications.
We may monitor your Communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the Web site, or for other reasons. You agree that Manchester''s monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Manchester monitors your Communications and enforces or fails to enforce the rules and guidelines of any Manchester Service and the terms of this Agreement. In no event will Manchester be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of Manchester''s monitoring activities.
Use of Services The following requirements apply to your use of any Service: You will not use any electronic communication feature of a Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights. You will not collect or store personal data about other users. You will not use any Service for any commercial purpose not expressly approved by Manchester in writing. You will not upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication. You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.
Market Information We may make available to you through one or more Services a broad range of financial information that we generate internally or obtain from our agents, vendors or partners ("Third Party Providers"). This includes financial market data, quotes, news, analyst opinions and research reports. Collectively, we refer to this as "Market Information." Manchester does not endorse or approve the Market Information, and we make it available to you only as a service and convenience. Manchester and our Third Party Providers do not (1) guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or (2) warrant any results from your use or reliance on the Market Information. Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither Manchester Financial Group nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither Manchester nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Manchester to receive Market Information. Own Risk, Computer Access, Maintenance and Protection You agree to use the Web site at your own risk. You shall be responsible for providing and maintaining the means by which to access the Web site, which may include without limitation a personal computer, modem and telephone or other access line. You shall be responsible for all access and service fees necessary to connect to the Web site and assume all charges incurred in accessing such system. You further assume all risks associated with the use and storage of information on your personal computer. You represent and warrant that (i) you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of computer viruses or other similar harmful or inappropriate materials, devices, information or data and (ii) you will not transmit to or in any way, whether directly or indirectly, expose Manchester or any of Manchester''s online service providers to any computer virus or other similarly harmful or inappropriate material or device.
Use of Services You understand that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent you from accessing the Web site. Manchester shall not be liable for, and you agree not to hold or seek to hold Manchester or any of its agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Manchester does not represent, warrant or guarantee that you will be able to access or use the Web site at times or locations of your choosing, or that Manchester will have adequate capacity for the Web site as a whole or in any geographic location. Manchester does not represent, warrant or guarantee that the Web site will provide uninterrupted and error-free service. Manchester does not make any warranties or guarantees with respect to the Web site and its content, including without limitation, warranties for merchantability or fitness for a particular purpose.
Technical Problems You understand that while the Internet and the World Wide Web generally are dependable, technical problems or other conditions may delay or prevent you from accessing the Web site. Manchester shall not be liable for, and you agree not to hold or seek to hold Manchester or any of its agents or service providers liable for, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. Manchester does not represent, warrant or guarantee that you will be able to access or use the Web site at times or locations of your choosing, or that Manchester will have adequate capacity for the Web site as a whole or in any geographic location. Manchester does not represent, warrant or guarantee that the Web site will provide uninterrupted and error-free service. Manchester does not make any warranties or guarantees with respect to the Web site and its content, including without limitation, warranties for merchantability or fitness for a particular purpose.
Hyperlinks Manchester may provide a link to other sites that are controlled or offered by third parties. The fact that Manchester Financial Group has provided a link to a site is not an endorsement, authorization, sponsorship or affiliation with respect to such site, its owners or its providers. There are risks in using any information, software or products found on the Internet, and Manchester cautions you to make sure you understand these risks before retrieving, using, relying upon or purchasing anything via the Internet. Links to these Web sites are provided solely for your convenience, and you agree that under no circumstances will you hold Manchester liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.
Trademarks and Copyright All content, trademarks, services marks, trade names, logos and icons are proprietary of Manchester or its affiliates or agents and are protected by United States copyright laws and international treaty provisions. Nothing contained on the Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the written permission of Manchester or such third party that may own the trademarks. Your use of the trademarks, or any other content of the Web site, except as provided herein, is strictly prohibited. Images displayed on the Web site are either the property of, or used with permission by, Manchester. You are prohibited from using or authorizing the use of these images unless specifically permitted under this Agreement. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes.
Limitation of Liability and Indeminifcation You agree to indemnify and hold Manchester and its affiliates, agents, employees and licensors (including the Third Party Providers) harmless against all actions, claims, demands, proceedings, damages, costs, charges and expenses incurred by Manchester (including, but not limited to, reasonable attorney fees) arising out of or relating to (i) your violation of this Agreement, state, federal, local or other applicable laws or regulations or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary or privacy right, or (ii) any misrepresentation made by you or any breach of your representations or warranties.
Term and Termination The license granted under this Agreement will terminate if Manchester believes that any information provided by you, including your e-mail address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of this Agreement and all rules and guidelines for each Service. Upon such violation, you agree to terminate access to the Services. You agree that Manchester in its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within a Service.
Governing Law This Agreement, shall be governed by the laws of the State of Florida, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Manchester in Florida or elsewhere. Unless a dispute would be governed by an applicable arbitration agreement, you agree to submit to the personal and exclusive jurisdiction of the courts located within the St. Johns County, Florida. If any part of this Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.