Below is the User Agreement for the Piphut.com, LLC (“Piphut”) website. This is also where you will find posted updates to this User Agreement in the future.
YOUR USE OF THE PIPHUT WEBSITE AND ITS ENTIRE CONTENTS, INCLUDING BUT NOT LIMITED TO, CHAT ROOMS, DISCUSSION AREAS, THE PRO ACCESS AREA, CONTENT, ARTICLES, ANALYSIS, COMMENTARY, NEWS, ANALYSIS TOOLS, RESEARCH TOOLS, CHARTING TOOLS, CANDLEPRO, EMAILS, NOTIFICATIONS, TEXT, DATA, INFORMATION, MATERIALS, SOFTWARE, AND GRAPHICS CONTAINED OR PROVIDED THROUGH IT IN ANY FORM OR MEDIA AND ALL SERVICES THAT MAY BE PROVIDED IN CONJUNCTION WITH IT (ALL SUCH INFORMATION AND SERVICES, COLLECTIVELY, THE “WEBSITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT (“USER AGREEMENT”). BY USING THE WEBSITE, REGISTERING AS A SUBSCRIBER WITH PIPHUT, EITHER HAVING FREE OR PRO ACCESS TO THE WEBSITE OR ACCEPTING ANY RELATED SERVICES FROM PIPHUT, YOU AGREE THAT YOU: (1) HAVE READ AND UNDERSTAND, AND HAVE THE CAPACITY AND AUTHORITY TO ENTER INTO, THIS USER AGREEMENT; AND (2) ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.
Piphut may change the terms and conditions of this User Agreement at any time in its sole discretion. A notification of such change(s), as well as the revised User Agreement itself, may be posted on the Website. You will be responsible for regularly checking for and reviewing any changes to this User Agreement. By using the Website after any such changes take place, you signify your acceptance of the change(s) and your agreement to be bound by them.
In order to access certain areas of the Website or to be able to receive certain additional data, analysis, content or materials, Piphut may require you to become a registered user, to become subscriber with Pro Access, and/or comply with other terms and conditions. In all such cases, this User Agreement shall continue to govern your use of the Website.
1. USE OF WEBSITE. Subject to the terms of this User Agreement, Piphut grants you a revocable, non-transferable, non-exclusive limited license to use those portions of the Website, to which you are granted access. Except to the extent that Piphut has previously provided you with written authorization to do so, you may only use this Website for your own personal, noncommercial use and not for any use on behalf of any third party. For the avoidance of doubt, you may not use the Website to service, or otherwise perform work on behalf of, any currency trading, commodities trading, brokerage, financial services or related person(s) or their clients.
You may download or print hard copies of pages or reports from the Website or portions thereof but unless otherwise previously authorized by Piphut in writing, only in connection with your own personal, noncommercial use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: “Copyright © 2010 Piphut.com, LLC. All rights reserved.”
Except as expressly set forth in this User Agreement or otherwise authorized by Piphut in writing, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Website, or any portion of it (including, but not limited to, any download or printed copies made from it) without Piphut’s prior written consent.
Piphut has the right, at any time without notice, to: (i) revoke or limit your license to use the Website (or any portion of it); and (ii) change or discontinue providing the Website (or any portion thereof). Piphut has no obligation to update the Website or to correct any errors or omissions that might be contained in it.
The Website is not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any trade, investment, trading strategy, investment strategy or related transaction is appropriate for you based on your personal trading and/or investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
2. OWNERSHIP AND COPYRIGHT. You acknowledge and agree that the Website and the information contained in or associated with it are owned by Piphut and/or its third party content providers (each, a “Content Provider”, and collectively, “Content Providers”) and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Website contains certain proprietary data and information of Piphut and its Content Providers, that you will not use these data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to protect them from illicit distribution or use. Each Content Provider is a third party beneficiary of this User Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this User Agreement.
3. TRADEMARKS. “PIPHUT” and “PIPHUT.COM” are marks attributable to Piphut. You will not use or allow any third party to use any of Piphut’s marks, including but not limited to the foregoing, without Piphut’s prior express written consent. All marks not owned by Piphut are the property of their respective owners.
4. LOGIN INFORMATION. If you register with the Website, you are required to select a password, which you may then modify at any time as often as you like. You may not select any password that violates any third party’s rights or is offensive, improper, or inappropriate. If Piphut determines in its sole discretion that any password you select is inappropriate for any reason, Piphut may delete that password and/or limit or terminate your access to the Website.
Your password is for your personal use only, and you agree to keep it secret and not to share it with anyone (except as expressly allowed under this User Agreement).
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR PASSWORD, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY PIPHUT OF ANY UNAUTHORIZED USE OF YOUR PASSWORD.
5. THIRD-PARTY WEBSITES, LINKS, AND INFORMATION. The Website may contain information, products, and services provided by third parties and links (including advertisements) to websites made available by third parties. This information and these products, services, and links are provided only as a convenience to users of this Website. Piphut does not control this information or these products, services, or websites, Piphut does not make any representations or warranties, express or implied, regarding this information or these products, services, or websites and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in this Website does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Piphut with respect to any third party, any third party’s website or its content, or any information, products, or services provided by a third party.
6. CURRENCY QUOTATIONS. All currency quotations are believed to be correct, but neither Piphut nor its Content Providers warrant or guarantee the accuracy, completeness or timeliness of any such information. Piphut advises you to always confirm the price of a particular investment with a broker, investment advisor, trading platform or other party executing its sale, purchase or redemption, as appropriate. The information and content on the Website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. All content on the Website is presented only as of the date and time published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
8. USE OF DISCUSSION AREA. Piphut makes no representations or warranties with respect to any forums, blogs, chat rooms, instant messaging, private messages, emails, or other electronic discussion mediums made available on or via this Website (collectively, “Discussion Area”) or with respect to any messages, information, or materials contained in the Discussion Area. You acknowledge and agree that your use of, or reliance upon, any such messages, information, or materials is at your sole risk and expense.
Piphut does not, and cannot, review all of the information and materials provided in the Discussion Area and has no responsibility or liability for any such information or materials or their use. If Piphut becomes aware of any information or materials that it determines violate the terms of this User Agreement or the Discussion Area policies promulgated by Piphut from time to time or that Piphut otherwise deems inappropriate in its sole discretion, Piphut reserves the right to delete, move, or edit any such information or materials.
To the extent that you use the Discussion Area, you covenant that you will: (i) comply with the Discussion Area policies promulgated by Piphut; (ii) be solely responsible for your use of the Discussion Area and any messages, information, and materials provided by you or through another user making use of your password; (iii) not advertise or offer to sell goods or services of any kind on any Discussion Area; and (iv) not upload, post, publish, or transmit any messages, information, or materials that (a) restrict or inhibit any other user from accessing, using or enjoying the Website, (b) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (c) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law, (d) violate or infringe the rights of Piphut or any third party (including but not limited to copyrights, trademarks, patents, trade secrets, and rights of privacy and publicity), (e) constitute or contain false or misleading indications of origin or statements of fact, including indicating that you are an “expert” or that you are writing on behalf of Piphut, (f) contain software or any other commercial materials or information, or (g) contain any viruses or other harmful component.
By uploading, posting, publishing, or transmitting any messages, information, or materials in connection with the Discussion Area, you hereby grant to Piphut and its affiliates a royalty-free, worldwide, perpetual, transferable, irrevocable, nonexclusive license (with the right to sublicense) to use, copy, modify, display, publicly perform, distribute, reproduce, and create derivative works of the foregoing in any form, media, software, or technology of any kind now existing or developed in the future.
9. PRO ACCESS. You may not use the PRO Access without a valid subscription from Piphut. To obtain a subscription, you must register for PRO Access by completing the online registration form available on the Website. Your subscription will not be valid unless and until Piphut accepts your registration. By registering for a PRO Access subscription, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Piphut promptly of any changes to this registration information. This notification can be effected either by editing your user profile in the Membership area of the Website or by sending written notice to Piphut.
You may be offered a free trial subscription to the PRO Access, beginning on the date on which Piphut accepts your registration. If you don’t terminate during this trial period, the initial term of your regular paid PRO Access subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered.
You understand that, unless you notify us that you wish to terminate your subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. The term “subscription term” shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
PIPHUT RESERVES THE RIGHT TO CHANGE THE PRO ACCESS AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PRO ACCESS (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your coworkers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions of this User Agreement; (ii) your subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use of your subscription by those other family members.
10. CHARGES AND BILLING PRACTICES. If offered a free trial period, you will not be charged a subscription fee during that free trial period. Subscription fees on credit-card transactions may be authorized immediately, but not actually processed. If you remain to become a PRO Access subscriber when the free trial period ends, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the PRO Access during that term.
Piphut reserves the right to change the fees it charges for products, services or features (collectively, “Products”) offered in connection with the PRO Access and/or the Website at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products, with which there are associated fees, you agree to pay those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to, any applicable federal, state, and local taxes) will be billed automatically to the credit card you provide when registering for the PRO Access. If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Piphut, and if we do receive such information, it will be treated by Piphut as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Piphut (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided Piphut regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Piphut will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Piphut shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs (including attorneys’ fees) incurred by Piphut in collecting any unpaid subscription fees or other charges from you.
11. CANCELLATION AND TERMINATION. You may cancel your subscription by contacting Piphut in writing. If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee. However, except as otherwise provided herein, if you cancel your subscription at any time after your trial period expires, your membership will continue in effect until the monthly, quarterly or annual anniversary (depending on the length of term you signed up for, e.g. “monthly,” “quarterly,” or “annual”) of the effective date of your paid subscription and then terminate on that date. (For example, if you signed up for the monthly plan and your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until July 1, at which time it ends. If you signed up for the quarterly plan and your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until October 1, at which time it ends. If you signed up for the annual plan and your paid subscription start date is on January 1 and you cancel on June 15, your membership continues until January 1 of the following year, at which time it ends).
Piphut may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this User Agreement; or (ii) your use of the PRO Access or the Website violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the PRO Access or any other service offered by Piphut on the Website. None of the foregoing limits any other legal, equitable, or contractual rights available to Piphut.
Piphut may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
Piphut may terminate this User Agreement at its convenience, with or without cause, in its sole discretion without prior notice to you.
12. CUSTOMER SERVICE AND PRODUCT SUPPORT. For customer service or technical support related to your PRO Access subscription (including information regarding registration and billing), contact Piphut email or in writing.
13. DISCLAIMER OF WARRANTIES. THE WEBSITE IS PROVIDED “AS IS” WITH ALL FAULTS. PIPHUT AND ITS CONTENT PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER PIPHUT NOR ITS CONTENT PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE. NEITHER PIPHUT NOR ITS CONTENT PROVIDERS SHALL BE RESPONSIBLE FOR TRADING OR INVESTMENT DECISIONS, ACTUAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LOSSES WHATSOEVER RESULTING FROM USE OF THIS WEBSITE.
NEITHER PIPHUT NOR ITS INFORMATION PROVIDERS CAN GUARANTEE THE CORRECT SEQUENCING OF ANY OF THE INFORMATION OR DATA CONTAINED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO INFORMATION ORIGINATED BY PIPHUT, LICENSED BY PIPHUT FROM THIRD PARTY CONTENT OR INFORMATION PROVIDERS, OR GATHERED BY PIPHUT FROM PUBLICLY AVAILABLE SOURCES. THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN ANY SUCH INFORMATION.
NEITHER PIPHUT NOR THE CONTENT OR INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR DATA FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION, DATA OR WEBSITE OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF THE WEBSITE. THE PAST PERFORMANCE OF A CURRENCY, FUTURES CONTRACT, TRADING STRATEGY, INVESTMENT STRATEGY OR ANY OTHER SECURITY CANNOT GUARANTEE ITS FUTURE PERFORMANCE.
NEITHER PIPHUT NOR ITS CONTENT OR INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, DATA, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED ON THE WEBSITE.
PAST PERFORMANCE OF A CURRENCY, SECURITY OR OTHER INVESTMENT VEHICLE DOES NOT GUARANTEE FUTURE PERFORMANCE.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply in all cases.
14. SECURITIES AND COMMODITIES REGULATION DISCLOSURES. NEITHER PIPHUT NOR ITS CONTENT PROVIDERS SHALL BE CONSIDERED AN “EXPERT” UNDER THE SECURITIES ACT OF 1933. NEITHER PIPHUT NOR ITS CONTENT PROVIDERS WARRANT THAT THIS WEBSITE COMPLIES WITH THE REQUIREMENTS OF THE SEC, FINRA, CFTC, NFA OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
PIPHUT AND THE WEBSITE CONTAIN ONLY DISINTERESTED COMMENTARY AND ANALYSIS ARE NOT TIMED TO SPECIFIC MARKET EVENTS, OR EVENTS THAT HAVE THE ABILITY TO AFFECT THE MARKET. PIPHUT AND THE WEBSITE INTEND TO PUBLISH ON REGULAR AND CONSISTENT BASIS.
PIPHUT IS NOT AN ADVISER OR FIDUCIARY TO YOU OR ANY OTHER USER OF THE WEBSITE. ANY ANALYSIS PROVIDED BY PIPHUT DO NOT CONSTITUTE AN OFFER TO BUY OR SELL, OR THE SOLICITATION OF AN OFFER TO BUY OR SELL, ANY FOREIGN CURRENCY EXCHANGE CONTRACT OR CROSS CURRENCY CONTRACT. Each and every decision to enter into a foreign currency exchange contract or other transaction and each decision whether a foreign currency exchange contract or other transaction is appropriate or proper for you is an independent decision made by you and you alone. YOU AGREE AND ACKNOWLEDGE THAT PIPHUT HAS NO FIDUCIARY DUTY TO YOU. You further agree that Piphut has no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with you following Piphut’s trading analysis, research tools or taking or not taking any action based upon any analysis or information provided by Piphut.
Piphut is not registered, and does not intend to register with any regulatory agency, including the SEC, FINRA, CFTC, NFA, or other similar self regulatory organization or governmental agency. Piphut is not a registered investment adviser under the Investment Advisers Act of 1940 and does not intend to register as such.
Piphut believes that it is exempt from registration as an investment adviser under Section 202(a)(11)(d) of the Investment Advisers Act of 1940 in that it is the publisher of a bona fide financial publication of general and regular circulation. Piphut believes that is exempt from registering as a commodity trading advisor with the National Futures Association (“NFA”) in that it does not provide advice that is based upon knowledge of or tailored to a subscriber’s particular trading activity or account.
15. SECURITIES PROFESSIONALS. If you are a “Securities Professional” as defined herein, you may not use any of the information Piphut to provide advice or products or services to a third party. You may use information from Piphut solely for your personal investing or educational purposes and not in connection with any commercial product or service or in connection with advising third parties, or buying, selling, or trading securities for or on behalf of third parties. A “Securities Professional” means a person who: (i) acts as a broker or dealer in the purchase or sale of negotiable financial instruments or is registered or qualified in any capacity under any federal or state securities or commodities trading law, rule, or regulation or the rules or regulations of any securities or commodities exchange, market, or association; (ii) falls within the definition of “investment banker” as that term is defined in the Investment Company Act of 1940; (iii) is a national securities or commodities exchange, trading platform, registered securities or commodities association, or registered clearing agency; (iv) engages in the buying and selling of negotiable financial instruments for his or her employer or for an entity or its customers’ accounts; or (v) is engaged in the business of managing or directing a fund or portfolio of assets (that includes negotiable financial instruments) owned principally by third parties.
16. LIMITATION ON LIABILITY. NEITHER PIPHUT, ITS AGENTS, OFFICERS, EMPLOYEES, AFFILIATES NOR ITS CONTENT PROVIDERS NOR ANY PERSON THROUGH WHOM PIPHUT MAKES THE WEBSITE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS USER AGREEMENT, THE WEBSITE, OR THE USE OF, OR RELIANCE ON, THE WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY PIPHUT (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS USER AGREEMENT.
THE AGGREGATE LIABILITY OF PIPHUT AND ITS AGENTS, OFFICERS, EMPLOYEES, AFFILIATES, AND CONTENT PROVIDERS ARISING FROM OR RELATING TO THIS USER AGREEMENT, THE WEBSITE, AND THE USE OF, OR RELIANCE ON, THIS WEBSITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION OR AN ARBITRATION PANEL IN AN AMOUNT NOT TO EXCEED THE COST OF TWELVE (12) MONTHS OF PIPHUT’S PAID SUBSCRIPTION SERVICES.
NEITHER PIPHUT, ITS AGENTS, OFFICERS, EMPLOYEES, AFFILIATES NOR ITS CONTENT PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF PIPHUT OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything to the contrary, this limitation of liability shall apply to all users of the Website, regardless of whether such user is a free or paid user.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply in all cases.
17. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Piphut, its officers, agents, employees, affiliates and its Content Providers from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (i) your use of the Website; (ii) your breach of this User Agreement; and (iii) any messages, information, or materials uploaded, posted, published, or transmitted by you in connection with the Website or the Discussion Area.
18. ASSUMPTION OF RISK. You hereby represent to Piphut that you understand that foreign currency exchange trading is highly speculative and is suitable only for those users who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume losses incurred as a result of foreign currency exchange trading. BY USING THIS WEBSITE IN ANY WAY, YOU AGREE TO ASSUME ALL OF THE RISKS OF FOREIGN CURRENCY EXCHANGE TRADING AND ASSUME ALL OF THE ECONOMIC AND NON-ECONOMIC LOSSES YOU MAY SUFFER AS A RESULT OF FOREIGN CURRENCY TRADING. You hereby agree that you have or will read the Piphut Risk Disclosure Statement, which is incorporated into this User Agreement by reference, and will be bound by its terms. In the event of a conflict between the terms of this User Agreement and the Risk Disclosure Statement, this User Agreement shall control.
19. GOVERNING LAW; JURISDICTION; AND DISPUTES. This User Agreement is governed by and construed in accordance with the laws of the State of Wisconsin, U.S.A., without giving effect to any choice-of-law or conflict-of-law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than that of the State of Wisconsin. For the avoidance of doubt, the parties hereby agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to this User Agreement.
EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS USER AGREEMENT. Disputes (other than collection matters) arising under or relating to this User Agreement, the Website, or the use of, or reliance on this Website, whether based in contract or tort or otherwise, will be submitted to the American Arbitration Association (“AAA”) office located closest to Madison, Wisconsin, U.S.A., for binding arbitration.
The cost of the arbitration, including the fees and expenses of the arbitrator, will be shared equally, with each party paying its own attorneys’ fees. The arbitrator will have the authority to award damages only to the extent otherwise available under this User Agreement.
It is the intent of the parties that any arbitration the parties to this User Agreement or any related third party shall be on an individual claim basis and that the claim subject to arbitration shall not be arbitrated on a class-wide basis.
The parties agree that any claim arising out of this User Agreement, the Website, or the use of, or reliance on this Website, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
20. AMENDMENT; WAIVER; SURVIVAL. This User Agreement may be amended only in writing signed by both parties. Any failure to enforce any provision of this User Agreement is not a waiver of that provision or of either party’s right to later enforce each and every provision. The terms of this User Agreement that by their nature are intended to survive its expiration will continue in full force and effect after its expiration.
21. SEVERABILITY. To the maximum extent possible, each provision in this User Agreement shall be interpreted in such manner as to be valid and enforceable under applicable law. If any provision of this User Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified so as to be rendered valid and enforceable while implementing, to the maximum extent possible, the original intent of such provision. If such modification is not possible or allowed, then such provision shall be ineffective only to the extent of such unenforceability or invalidity without affecting the remainder of such provision or any other provisions in this User Agreement.
22. FORCE MAJEURE. Piphut is not liable for delays or failures in performance under this User Agreement due to a cause beyond its reasonable control.
23. ENTIRE AGREEMENT. This User Agreement shall constitute the entire agreement between you and Piphut regarding the subject matter hereof and shall supersede any and all prior negotiations, representations, warranties, undertakings, or agreements, written or oral, between the parties regarding such subject matter.