Terms of Service
©2019 Exler Consulting GmbH
Unless explicitly stated otherwise, all content hosted on ForexBenchmark.com is copyright by Exler Consulting GmbH ("EXC"), 2019. All rights are reserved. The copying, republication, or redistribution of EXC's copyrighted content - including but not limited to, spread statistic, swap statistic, expert advisor reviews, quant informations and education articles - is explicitly prohibited without prior written consent.
Terms of Service
The information and services ("Services") hosted on and from ForexBenchmark.com are provided by Exler Consulting GmbH ("EXC"), located at Albert-Schweitzer-Straße 13, 75181 Pforzheim, Germany. By using EXC's Services, users of the Services ("Users") are agreeing to all of the following terms.
Users must follow any policies made available to Users within the Services.
Users may not misuse Services. For example, Users are not permitted to interfere with Services or try to access them using a method other than the interface and the instructions that EXC provides. Users may use Services only as permitted by law.
EXC may suspend or stop providing Services to Users who do not comply with terms or policies, or if EXC is investigating suspected misconduct.
Using EXC's Services does not give Users any ownership of any intellectual property rights in the Services, or the content Users access. Users may not use content from EXC's Services unless Users obtain permission from its owner or are otherwise permitted by law. These terms do not grant Users the right to use any branding or logos used in EXC's Services.
EXC's Services are designed primarily for experienced forex traders. Trading forex is potentially profitable for educated and experienced traders, however, there is considerable exposure to financial risk when trading forex. EXC makes no endorsement of forex trading, and does not intend to influence Users to trade or alter their trading approach. EXC and its affiliates cannot be held liable for trading decisions based on information hosted on or from the ForexBenchmark.com website.
EXC may email Users service announcements and other information. Users may opt out of some of those communications.
Users may need to obtain a member account ("Account") in order to use all Services.
Users are responsible for protecting their Account by keeping their password confidential. Users are responsible for the activity that happens on or through their Account. Users should not reuse their Account password on third-party applications. If Users learn of any unauthorized use of their password or Account, they should immediately contact EXC.
Some Services allow Users to submit existing content. Users retain ownership of any intellectual property rights that they hold in that content. What belongs to Users stays theirs.
When Users upload or otherwise submit content to EXC's Services, Users give EXC a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes EXC makes so that User content works better within Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights Users grant in this license are for the limited purpose of operating, promoting, and improving Services, and to develop new ones. This license continues even if Users stop using EXC's Services.
If Users have an Account, EXC may display their username, uploaded photos, and actions taken on EXC. EXC will respect the choices Users make to limit visibility via their Account settings.
EXC's Services display some content that is not EXC's. This content is the sole responsibility of the entity that makes it available. EXC may review content to determine whether it is illegal or violates EXC's policies, and EXC may remove or refuse to display content that EXC reasonably believe violates EXC's policies or the law. However, that does not necessarily mean that EXC reviews all content.
EXC is constantly changing and improving Services. EXC may add or remove functionalities or features, and EXC may suspend or stop a Service altogether.
Users can stop using EXC's Services at any time. EXC may also stop providing Services to Users at any time, or add or create new limits to EXC's Services at any time.
Warranties and Disclaimers
EXC provides Services using a commercially reasonable level of skill and care. However, the following outlines things which EXC does not promise about the Services:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER EXC NOR EXC'S AFFILIATES, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. EXC DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET USERS NEEDS. EXC PROVIDES ALL SERVICES "AS IS."
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, EXC EXCLUDES ALL WARRANTIES.
Liability for Services
WHEN PERMITTED BY LAW, EXC, AND EXC'S AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF EXC, AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT USERS PAID EXC TO USE THE SERVICES (OR, IF EXC CHOOSES, TO SUPPLYING USERS THE SERVICES AGAIN).
IN ALL CASES, EXC, AND ITS AFFILIATES, SUPPLIERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
If Users are using Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify EXC and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
About These Terms
These terms were last updated on July 22, 2019.
EXC may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to EXC's Services. Users should look at these terms regularly. EXC will update the date at the start of this section when the terms are modified.
Changes to these terms will not apply retroactively and will become effective no sooner than 28 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If Users do not agree to the modified terms for a Service, Users should discontinue use of all Services.
If it turns out that a particular term is not enforceable, this will not affect any other terms.