Terms and Conditions - Best Broker and Exchange online

This Terms of use has been updated on January 1, 2024

Introductions

Please read these Terms of Use carefully before continuing and accepting it.

Binaryfxtraders.com (b.f.t) (hereinafter – “we”, “our”, “us”, “binaryfxtraders”, “Сompany”) IAFT LTD is a company registered at: 71-75 Shelton Avenue, Covent Backyard – London, UK WC2H 9JQ is a UK company and operator of the Website “Binaryfxtraders.com” that allows visitors to find information regarding brokers.

Our main purpose is to create a space where traders can easily find information about broker companies who have favourable and comfortable working conditions in the Forex Market according to our opinion.

This document is the official public offer addressed to Clients of Binaryfxtraders.com for the purpose of entering into a contract under the terms and conditions stipulated below. If You wish to create an account and to use it, you need to read, understand and accept these Terms of Use.

These Terms of Use create a legally binding contract between Binaryfxtraders.com and You. If You do not accept these Terms of Use, you shall refrain from creating an account on our Website.

By ticking the checkbox “I’ve read, understand and accept the Terms of Use” and creating an account on the Website You agree as follows:

CONTENT:

Definition
Dealing with us
Subject matter of the contract
Rules of using website
Calculating rebate remuneration and payments from Binaryfxtraders.com
Third party materials
Third party links and contents
Trademarks disclaimer
No investment advice
Free legal support
Risk Disclosure
Risk assessment
Disclaimer and limitation of liability
Clients testimonials
Intellectual property rights
Responsibility of visitors and clients
Accuracy of information
Communication between you and us
Force majeure events
Applicable law
Amendments to the terms of use
Contact us

DEFINITIONS

“Account” is the personal section of the Website to which the Client gets access after registration and/or log in to the Website, that contains set of data relating to the Client including its personal data and the internal information of the Website relating to the Сlient that enables Client to use the Service.

“Broker” is a financial company that provides traders with access to the international Forex market. It is an intermediary that provides the trader with software and a trading account to trade in the Forex market. Each brokerage company sets its own trading conditions, such as: minimum deposit, leverage, list of trading instruments, order execution, transaction speed, etc.

“Client”, “You” is an individual who has reached the age of 18 (eighteen) years wishing to create its own Binaryfxtraders.com Account or has already created it in order to use the website under this Terms of use and was assigned “Client” status pursuant to this Terms of use.

“Registration” is the successful filling of the registration form by the Client that enables to create Client’s Traders` Union Account.

“Spam” is the Content that consists of any advertisements that are unauthorised by us, links to malicious websites, and any abusive or otherwise unwanted information.

“Visitor” as an individual who visits our website without creation of account.

“Website” is the website hosted in domain https://www.binaryfxtraders.com/

DEALING WITH US

a By registering on the Trade Union website and adding data on a trading account opened with a particular brokerage company (hereinafter referred to as the “Broker”), the Client authorizes Binaryfxtraders.com and the Company to be his partners and recognizes himself as an affiliate (i.e., the Client who was brought to a Broker). By registering on the Binaryfxtraders.com website and accepting the current Terms of Use, the Client confirms his consent to receive emails from the Union, which he can unsubscribe from in his personal account on the website, under “Subscription Management”.

b We shall not give advice to you on the merits of any Trade and shall deal with you on an execution-only basis. None of our staff are authorised by us or permitted under CySEC Rules to give you investment advice. Accordingly, you should not regard any proposed trades, suggested trading strategies or other written or oral communications from us as investment recommendations or advice or as expressing our view as to whether a particular trade is suitable for you or meets your financial objectives. You must rely on your own judgement for any investment decision you make in relation to your Account. If you require investment or tax advice, please contact an independent investment or tax adviser.

SUBJECT MATTER OF THE CONTRACT

a Under this Terms of Use, the Company shall pay the Client 80% of the funds received as a partner fee from Brokers after confirming the Client’s account on the Binaryfxtraders.com website. By accepting this Terms of Use, the Client confirms that he agrees to receive payments (80% of the partner’s fee) from the Company after confirming the account on the Binaryfxtraders.com website. All claims and applications from the Client for receiving payments of 80% of the partner’s fee for the period when the account was not added or confirmed on the Binaryfxtraders.com website are considered invalid and are not accepted by the Company.

b The Client agrees that all payments to his account are made by the Company once a month or once a day (depending on the scheme of accruals for a particular Broker) and may be delayed or canceled in case of force majeure or other circumstances such as:

i. Bankruptcy of the Broker the Client had an account with.

ii. The Broker, on whose website the Client opened his trading account, canceled its trades or partner accruals on them in connection with the Client’s violation of the regulations that govern conducting during trading operations, the Client Terms of Use, or the Broker’s trading rules.

iii. Technical errors of the Broker on whose website the Client opened his trading account, as a result of which payments of accruals due to the Company were canceled.

c The Client agrees that the Company makes payments once a month or once a day (depending on the accrual scheme for a particular Broker) no later than 10 days from the date specified in the “Accrual Calendar” section. The Client agrees to release the Company from this obligation if the Broker delays payments.

d The Client agrees that the Company will refuse to withdraw funds for the current month (before receiving reports from companies), to avoid disruption of calculations and slowing down the process of payments to other Clients.

e The Binaryfxtraders.com management may block the Client’s account on the website https://www.binaryfxtraders.com/, in cases where the Client takes actions that interfere with the normal functioning of the website, platform, and/or system. This can be opening of support tickets too frequently or with incomprehensible text, spam support tickets, adding incomplete fields of account numbers, entering incorrect account numbers, attempts to duplicate accounts, rudeness to the support service, spam of partner links, lack of correct contact information in the Client’s profile and others.

f Binaryfxtraders.com may block the Client’s account on the website https://www.binaryfxtraders.com/ if the Client uses SPAM, which is directly or indirectly related to Binaryfxtraders.com.

g Withdrawal of funds to Webmoney wallets occurs in manual mode and requires personal confirmation from the site administrator. If, as a result of a technical problem, the withdrawal of accruals is not made, Binaryfxtraders.com guarantees the renewal of the balance of the personal account on the Binaryfxtraders.com website within three business days.

RULES OF USING WEBSITE

a The Client shall learn the information below and follow the instructions when working with the site.

b Before adding a trading account number to our system, make sure of the following:

i. If you already have an open account with one of the Brokers presented on the website, first make sure that this Broker allows you to transfer accounts to the group of another partner. You can find out such information in the section “Re-registration of accounts” and in the block “Important” in the profile of each Broker posted on the Binaryfxtraders.com website.

ii. Check for the minimum lot the selected Broker allows you to trade, and the conditions of the minimum deposit. This information is in the section “Brokers Review”.

iii. When opening a new trading account with a Broker through Binaryfxtraders.com, be sure to add the number of this account in the “Accounts” section. If for any reason you forget to do this, the Company will not be able to track your account and, therefore, credit you the money you earned. When adding an account, be sure to indicate its correct number, otherwise, it can greatly complicate the approval of your account by our system. Never give the password for your trading account and your personal account on the Binaryfxtraders.com website to anyone, including your relatives, friends, or strangers. If you have forgotten your password or it has been stolen, contact the Company immediately to resolve this problem or use the password recovery system to change access to your account.

iv. When registering your account in our system, be sure to indicate your valid and correct email address, contact phone number, and full name, and date of birth. Such data is not requested by chance since, when withdrawing a large amount from our system, we may request confirmation and verification of your identity.

v. Do not violate the Broker’s Trading Operations Regulations on whose website you registered your trading account. Such violations can seriously delay the time for accruing remuneration from Binaryfxtraders.com on your account, and in the worst case, the Broker will cancel the partner payments on the account and exclude your account from the Binaryfxtraders.com partners group.

vi. Binaryfxtraders.com is not responsible for violations committed by the Client on the Broker’s trading account. Before starting trading on the Broker’s account, the Client is obliged to learn the trading conditions of the Broker with whom he opened an account and try not to violate them. In the event of violations recorded, the Broker will contact Binaryfxtraders.com, and the administration of the Union will be forced to make the indicated amendments in the Binaryfxtraders.com database, which may negatively affect the status of the Client and the balance of his personal account on the Binaryfxtraders.com website.

vii. Prior trading you should be aware of the commission and any other charges related to using of Website and the underlying instruments. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), the Client should ensure that he understands what such charges are likely to amount to. The Company may change its charges at any time, according to the provisions of the Terms of Use found on the Company’s website.

c There is a risk that the Client’s trades in any Financial Instruments they trade may be or may become subject to tax and/or any other duty, for example because of changes in legislation or his personal circumstances. The Company does not warrant that no tax and/or any other stamp duty will be payable. The Company does not offer tax advice and recommends that the Client seek advice from a competent tax professional if the Client has any questions. The Client is responsible for any taxes and/or any other duty which may accrue in respect of his trades.

CALCULATING REBATE REMUNERATION AND PAYMENTS FROM Binaryfxtraders.com

a The rebate remuneration from Binaryfxtraders.com is calculated on the Client’s trading account only after it has been confirmed on the website https://www.binaryfxtraders.com/, that is, from the moment the account is added and confirmed. Claims regarding accruals for the period when the account is not in the Binaryfxtraders.com database will not be accepted regardless of whether the account is in the Binaryfxtraders.com partner group or not. If for some reason the Client does not enter an account on the website of the Union for payments, then the Client accepts all responsibility.

b The amount of a rebate may differ from the amount indicated on the Binaryfxtraders.com website since the website indicates the size of the net interest. The percentage of remuneration is paid after a deduction of the Binaryfxtraders.com operating expenses. The percentage of payments from Binaryfxtraders.com is calculated automatically according to the financial indicators of the Union for a month, and the deduction from it is directed to cover the following expenses: making payments through payment systems, expenses for maintaining the website, hosting, support services, financial department, tender service, and professional analysts for Binaryfxtraders.com, etc.

c Each Client, accepting the terms of the current Terms of Use and starting to work with Binaryfxtraders.com, confirms that the actual amount of payments to Binaryfxtraders.com’s Clients cannot be appealed or disputed and may differ from the amount indicated on the website.

d Accruals on blocked accounts in Binaryfxtraders.com are not carried out. After unlocking the account, the accruals resume as before. Claims from clients regarding accruals while the account was blocked are not considered. Claims for checking accruals made after unblocking the account are accepted for consideration within the time limits for checking accruals for Brokers with daily and monthly payments established by the regulations. In the event of a blocked account, the Client takes responsibility for the time frame for submitting the documents necessary to verify the account and unblock it.

e All blocked accounts, as well as accounts in which there was no activity for 6 calendar months, are transferred to the archives section with the cancellation of the balance. After restoring an archived account, the Client may submit a request to check the balance of the account and, if it existed at the time of transferring the account to archives, the Client may apply to restore the balance. The application may be submitted in a free form by contacting the Binaryfxtraders.com support service.

f The timing of calculating the rebate, as well as its withdrawal from Binaryfxtraders.com may differ from the terms indicated on the website due to force majeure, or circumstances associated individually with the scheme of work of a particular Broker, as well as with the timing of settlements of this Broker with partners. All questions regarding the timing of the payment of the rebate and the withdrawal of funds from Binaryfxtraders.com, as well as the availability of accruals on a specific account, must be addressed to the financial department of Binaryfxtraders.com.

THIRD PARTY MATERIALS

a Binaryfxtraders.com may, from time to time and as often as it deems appropriate, issue and/or distribute third-party material (the ‘Material’), which contains information including but not limited to the conditions of the financial markets, posted through our Website and other media and/or received by you. It should be noted that the Material is considered to be marketing communication only and does not contain, and should not be construed as containing, investment advice and/or an investment recommendation and/or, an offer of or solicitation for any transactions in financial instruments; any decision to enter into a specific transaction shall be made by the Client following an assessment by him/herself of their situation.

b Binaryfxtraders.com makes no representation and assumes no liability as to the accuracy or completeness of the information provided, nor any loss arising from any investment based on a recommendation, forecast or other information supplied by any employee of Binaryfxtraders.com, a third party or otherwise. The Material is not prepared in accordance with legal requirements promoting the independence of investment research and it is not subject to any prohibition on dealing ahead of the dissemination of investment research. All expressions of opinion included in the Material are subject to change without notice. Any opinions made may be personal to the author and may not reflect the opinions of Binaryfxtraders.com.

c Doctrine of fair use. Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

i. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

ii. the nature of the copyrighted work;

iii. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;

iv. the effect of the use upon the potential market for or value of the copyrighted work.

d Information in articles regarding brokers has not been approved or licensed by any entity involved in creating or producing articles.

e Criticism and commentary: quoting or excerpting trademarks of Brokers in a review or criticism for purposes of illustration or comment would normally be fair use. A Binaryfxtraders.com would be permitted to quote Brokers company in a news column on their Website as part of an examination of the Broker.

f Research and scholarship: Quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author’s observations would be deemed acceptable.

g The content provided by Binaryfxtraders.com is for educational purposes only.

h Accuracy of Information. The content on this website is subject to change at any time without notice, and is provided for the sole purpose of assisting traders to make independent investment decisions.

i Binaryfxtraders.com has taken reasonable measures to ensure the accuracy of the information on the website. However, Binaryfxtraders.com does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website.

THIRD PARTY LINKS AND CONTENTS

a Links to third-party sites are provided for your convenience. Such sites are not within our control and may not follow the same privacy, security, or accessibility standards as ours. Binaryfxtraders.com neither endorses nor guarantees offerings of the third party providers, nor is Binaryfxtraders.com responsible for the security, content or availability of third-party sites, their partners, or advertisers.

b Binaryfxtraders.com takes no responsibility for, nor does it endorse or recommend, any third-party advertisements or sponsorships which are posted on the Website or through the Service, nor does it take any responsibility for the goods, services, or content provided by its advertisers. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. You will not hold Binaryfxtraders.com, its subsidiaries, and or affiliates responsible for the illegality or any error, inaccuracy, or problem with the advertisement or sponsorship.

c Binaryfxtraders.com also contains hyperlinks to other websites (“Third-Party websites”) operated by parties other than Binaryfxtraders.com, its subsidiaries and or affiliates, and other resources and advertisers. Binaryfxtraders.com is not responsible for the availability of these Third-Party websites, nor is it responsible for any of the contents, advertising, products and or services, or other materials on such Third-Party websites. Such websites are in no way investigated, monitored, or checked for accuracy or completeness by Binaryfxtraders.com. Inclusion of any linked Third-Party website on Binaryfxtraders.com does not imply approval or endorsement of the linked website by Binaryfxtraders.com, its subsidiaries, and or affiliates. If you decide to access Third-Party websites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate.

d Binaryfxtraders.com Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.Some of this content may be supplied by companies that are not affiliated with any Binaryfxtraders.com Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on Binaryfxtraders.com Sites. Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licenced from the Third Party Content provider(s) credited.

e Binaryfxtraders.com does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.

f While Binaryfxtraders.com makes every attempt to provide accurate and timely information to serve the needs of visitors, neither Binaryfxtraders.com nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Binaryfxtraders.com and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. The third party content is provided on an “as-is” basis. The third party content providers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

g The third party content providers and their parents, subsidiaries, affiliates, service providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the third party content, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

h Third party offers.This website may contain references to other special offers or promotions by persons who are not part of our group of companies. Subject to any applicable law that cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify each member of our group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to on this website.

TRADEMARKS DISCLAIMER

a All services, product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.

b Any product names, logos, brands, and other trademarks or images featured or referred to within the website are the property of their respective trademark holders. These trademark holders are not affiliated with Binaryfxtraders.com, our products, or our websites. They do not sponsor or endorse Binaryfxtraders.com or any of our products.

c Because the use of another’s Broker trademark is unauthorized by the trademark owner does not make it an infringing use. The fair use doctrine, consistent with the First Amendment, allows a person to use another’s trademark either in its non-trademark, descriptive sense to describe the user’s own products (classic, or descriptive, fair use) or in its trademark sense to refer to the trademark owner or its product (nominative fair use). The Lanham Act expressly protects fair use from liability for trademark infringement, dilution and cyberpiracy.

NO INVESTMENT ADVICE

a No information presented constitutes a recommendation by Binaryfxtraders.com to buy, sell, or hold any security, financial product or instrument or to engage in any specific investment strategy or trading.

b Forex, options, futures, spread betting, and CFDs are complex instruments and come with a high risk of losing money rapidly due to leverage.

c Any opinions, news, research, analyses, prices, or other information contained on this website is provided as general market commentary and does NOT constitute investment advice.

d Binaryfxtraders.com will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

e YOU are fully responsible for any investment decisions you make. Such decisions should be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, and liquidity needs.

f You should NOT rely solely upon the information or opinions that you read on the website. Rather, you should use what you read as a starting point for doing your own independent research, your own independent analysis, and refine your own trading methods before placing your money at risk.

FREE LEGAL SUPPORT

a The legal support service is optional. It does not include any investment advice, financial advice, investment analysis or any trade-related information. The Company provides the Client with 1 hour of consultation in case of a legal conflict with the Broker, in case of a possible violation of the rights of the client. The Company does not guarantee a full refund, settlement of the conflict and is not responsible for any actions of the Broker or the Client.

b
Binaryfxtraders.com is not responsible for the proper or timely reporting of Brokers and Binaryfxtraders.com makes charges based on data provided by the Broker(s). The Client must resolve disputed issues directly with the Broker where he has an account and trades. However, Binaryfxtraders.com and the Company shall make every effort to help the Client obtain all the necessary information and clarifications.

RISK DISCLOSURE

a Information on the https://www.binaryfxtraders.com/ website is for informational purposes only and does not constitute any motive or suggestion to visitors to invest money. Moreover, we hereby warn you that trading on the Forex and CFD markets is always a high risk. According to the statistics, 75-89% of clients lose the funds invested and only 11-25% of traders earn a profit.

b That is why you should only invest money that you are prepared — or can afford — to lose at such high risks. https://www.binaryfxtraders.com/ does not provide any financial services, including investment or financial advisory services. Also, the Binaryfxtraders.com is not a broker and does not get money for trading in the Forex or CFD markets. Our website only provides information on brokers and the markets and helps its visitors to select the best brokerage company based on detailed information and objective analysis of brokers.

c Binaryfxtraders.com (https://www.binaryfxtraders.com/) shall not be liable for the consequences of trading decisions made by the Client and for the possible loss of his capital resulting from the use of this Website and information published on it.

RISK ASSESSMENT

a You should be aware of all the risks associated with trading.

b The Company provided a non-exhaustive of the general nature of the risks involved when dealing in Financial Instruments on a fair and non-misleading basis. You should read this notice. The Company provide this warning to help you to take investment decisions on an informed basis. However, please note that each trade will carry its own unique risks which cannot be explained in a general note of this nature.

c It is very important that you should not engage in trading in our Website unless you know, understand and are able to manage the features and risks associated with such trading and are also satisfied that trading is suitable for you in light of your circumstances and financial resources. Unless a Client knows and fully understands the risks involved in Financial Instruments, they should not engage in any trading activity. Clients should not risk more than they are prepared to lose.

d If a Client is unclear or does not understand the risks involved in trading in Financial Instruments, they should consult an independent financial advisor. If after seeing the advisor, they still don’t understand these risks, then they should refrain from trading. Purchasing and selling Financial Instruments comes with a significant risk of losses and damages, and each Client must understand that the investment value can both increase and decrease. Clients will be held liable for losses and damages, which could result in the loss of all of the Clients’ invested capital, once they make the decision to trade.

e Internet Trading Risks. The Client shall be responsible for the risks of financial losses caused by the failure of information, communication, electronic or any other systems. The Client is responsible for the security of his Access Data. If the Client undertakes transactions on an electronic system, you will be exposed to risks associated with the system, including the failure of hardware and software (Internet/Servers). For example, there may be a delay on the Website when receiving an order, and this may affect the price of execution. Consequently, the result of any system failure may be that the order is either- not executed according to the Client’s instructions – or it is not executed at all. The Company does not accept any liability in the case of such a failure.

f The Client acknowledges that the internet may be subject to events which may affect his access to the Website and/or the Company’s trading Website(s)/system(s), including but not limited to interruptions or transmission blackouts, software and hardware failure, internet disconnection, public electricity network failures or hacker attacks. The Company is not responsible for any damages or losses resulting from such events which are beyond its control or for any other losses, costs, liabilities, or expenses (including, without limitation, loss of profit) which may result from the Client’s inability to access the Company’s Website or delay or failure in sending orders or Transactions.

g The Company is not responsible for financial risks taken by a client investing in trading. Any of the Brokers can, due to certain circumstances, lose their license. The Company is not responsible for the actions of third parties.

DISCLAIMER AND LIMITATION OF LIABILITY

a To the maximum extent permitted by law, we will not be liable in any way for any loss or damage suffered by you through use of or access to this website, or our failure to provide this website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide this website or any part of it, or for any problems with this website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying this website or any part of it to you, or to paying for the resupply of this website or any part of it to you.

CLIENTS TESTIMONIALS

a Testimonials appearing on this site are actually received via text submission. They are individual experiences, reflecting real-life experiences of those who have used services in some way or another. However, they are individual results and results do vary. We do not claim that they are typical results that Clients will generally achieve. The testimonials are not necessarily representative of all of the Clients who will use our Website.

b The testimonials displayed are given verbatim. Some have been shortened. In other words, not the whole message received by the testimonial writer is displayed, when it seemed lengthy or not the whole testimonial seemed relevant for the general public.

c Binaryfxtraders.com does not share the opinions, views or commentary of any testimonials on this site, and are strictly the views of the reviewer. Trading has large potential reward, but also large potential risks. The testimonials on this and other associated websites cannot be construed as representing results everybody can achieve.

d For Testimonials we post on our site that are in the nature of subjective opinions, we do not independently verify, nor do we seek independent verification; however, to the best of our knowledge we believe the testimonialists are giving their honest opinions. If you’re not sure regarding whether a particular testimonial is a “success story”/”best-case” scenario testimonial or a subjective opinion testimonial, email our compliance officer at the email address provided above and request clarification.

e We do not independently verify, nor do we seek independent verification of comments and statements that may be posted by others in blog posts on this site regarding our website, its products or services. For this reason, if others post “success story” or “best-case” scenario testimonials or positive comments (as distinguished from subjective opinions), you should assume that the results achieved by these testimonialists are the exception and not the rule, and for this reason, you should not expect to achieve the same level of results, or any positive results at all.

INTELLECTUAL PROPERTY RIGHTS

a Our Website and all Information, software applications, documentation and other information, data and materials which we may supply or make available to you, either directly or through a third-party service provider or licensor (collectively “Our Materials”) are and will remain our property or that of our third party service providers or licensors.

b All copyrights, trademarks, design rights and other intellectual property rights in Our Materials, including without limitation all updates, modifications, compilations and enhancements, and all derivative works based on any of Our Materials, are and will remain our property (or those of our third party service providers or licensors as applicable).

c We supply or make Our Materials available to you on the basis that (a) we can also supply and make them available to other persons and (b) we can cease or suspend providing any of them, but we will only do that if your Account has been closed or required by any of our third party service providers or licensors, by applicable law or as otherwise provided in this Terms of Use.

d You may access and use Our Materials only as expressly permitted for the operation of your Account in accordance with this Terms of Use.

e You must not supply all or part of Our Materials to anyone else and you must not copy or reproduce all or part of them without our prior written permission. You must not delete, obscure or tamper with copyright or other proprietary notices displayed on any of Our Materials.

RESPONSIBILITY OF VISITORS AND CLIENTS

a The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

ACCURACY OF INFORMATION

a While Binaryfxtraders.com has made every effort to ensure the accuracy of the information on this website, 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. Binaryfxtraders.com has taken reasonable measures to ensure the accuracy of the information on the Website. However, Binaryfxtraders.com does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Website.

b All content on Binaryfxtraders.com Sites is presented only as of the date 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.

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Because all servers have limited capacity and are used by many people, do not use Binaryfxtraders.com Sites in any manner that could damage or overburden any Binaryfxtraders.com server, or any network connected to any Binaryfxtraders.com server. Do not use Binaryfxtraders.com Sites in any manner that would interfere with any other party’s use of Binaryfxtraders.com Sites.

COMMUNICATIONS BETWEEN YOU AND US

a The Terms of Use and all communications between us and you in relation to it will be in English. Accordingly, you confirm that you have a proper knowledge and full understanding of the English language. The Platform, including its features and information within it, will be provided in English by default.

b However, you may be able to select another language for the website, its features and information. You should only select another language if you possess a proper knowledge and full understanding of that language. If you select another language, you do so entirely at your own risk.

FORCE MAJEURE EVENTS

a The Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Terms of Use where such failure, interruption or delay is due to a Force Majeure event.

APPLICABLE LAW

Governing Law
With respect to purchasers located in the United States, who have United States citizenship or other legal status in the United States and/or users whose purchases are made through United States payment processors (“US Users”) these Terms and Conditions and all matters arising out of or otherwise relating to these will be governed by and construed in accordance with the laws of the United Kingdom and shall be subject to the non-exclusive jurisdiction of the court of Great Britain, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms and Conditions. The parties hereby submit to the personal jurisdiction of the courts in England. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the courts located in England.

Rights to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

Arbitration
All Disputes (including any dispute relating to the arbitrability of this Agreement or any provision of this Agreement or any other dispute relating to arbitration) must be submitted to arbitration before and in accordance with the arbitration rules of the American Arbitration Association in accordance with its commercial arbitration rules. The term “Dispute” means any controversy or claim arising out of or relating to the Site or the Services or this Agreement, or any breach thereof, including any claim that this Agreement, or any part of this Agreement is invalid, illegal or otherwise voidable or void.

The obligation to arbitrate is not binding upon Network with respect to claims relating to its trademarks, service marks, patents, copyrights, or other intellectual- property rights, or requests for temporary restraining orders, preliminary injunctions or other procedures in a court of competent jurisdiction to obtain interim relief when deemed necessary by such court to preserve the status quo or prevent irreparable injury pending resolution by arbitration of the actual dispute between the parties. The prevailing party will be entitled to receive from the non-prevailing party its costs relating to the arbitration proceeding including but not limited to, the arbitrator’s fees, attorneys’ fees and costs, witness fees, transcription fees, etc. and sales and use taxes thereon, if any. You and Network each acknowledges and agrees that it is the intent of the parties that arbitration and litigation between the parties will be of the parties’ individual claims, and that none of their respective claims may be arbitrated or litigated on a class-wide basis.

The provisions of this Arbitration Section must be construed as independent of any other covenant or provision of this Agreement; provided that if a court of competent jurisdiction or arbitrator determines that any such provisions are unlawful in any way, such court or arbitrator is to modify or interpret such provisions to the minimum extent necessary to have them comply with the law.

This arbitration provision is self-executing and will remain in full force and effect after the expiration or termination of this Agreement. In the event either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party by default or otherwise notwithstanding said failure to appear.

With respect to all other users, arbitration shall take place in the United Kingdom exclusively. Judgment upon an arbitration award may be entered in any court having competent jurisdiction and will be binding, final and non-appealable. You and Network hereby waive to the fullest extent permitted by law, any right to or claim for any punitive or exemplary damages against the other and agree that in the event of a dispute between them, each shall be limited to the recovery of any actual damages sustained by it. You and Network hereby agree that no action (whether for arbitration, damages, injunctive, equitable or other relief, including rescission) will be maintained by any party to enforce any liability or obligation of the other party, whether arising from this Agreement or otherwise, or any other Dispute, unless brought before the expiration of the earlier of one year from the occurrence of the facts giving rise to such claims or within 90 days from either the actual discovery of the facts giving rise to such claims or from the date on which the party should have, in the exercise of reasonable diligence, discovered such facts.

Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.

In the case that any part and/or section and/or specific term of this Agreement is/are unenforceable, the remainder of this Agreement will continue to be valid, enforced, and in effect.

Attorney’s Fees
In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal.

No Waiver
No waiver of Network shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions.

No employee, agent, representative, including customer service representatives of the Company and/or Host, is entitled to waive any term or terms of this Agreement.

Headings
All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions.

Complete Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties.

Modifications and Changes To This Agreement
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.

Network reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. In the event of a change to these Terms that substantially limits your rights hereunder, Network will provide you with written notice prior to such changes taking effect. Your continued use of a Site following Network’ posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. Unless accepted by Network in writing, these Terms and Conditions may not be amended by you.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Government Rights
The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense.

Other Jurisdictions
Network makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws.

AMENDMENTS TO THE TERMS OF USE

a The Company reserves the right to change or modify the applicable terms and conditions for the use of the Website at its sole discretion and at any time, by always taking into account the terms set forth under the relevant legislation. Such changes, modifications, additions or deletions to the terms and conditions of use will take effect immediately upon posting or disclosure. By continuing the use of the Website following such change or modification it will be deemed as an acceptance of such changes, modifications, additions or deletions. The Company may, at any time, terminate, change, suspend or terminate any sub-function of this Website including the availability, presentation or description of any product or service. The use of the Website is subject to the Terms of Use that apply at the time of use of the services offered by the Company.