Fortex Inc. (Fortex) WebTrader General Terms and Conditions
Valid as of August 1, 2015
These Terms and Conditions, and any new versions, between Fortex Inc. and You, cover all Your use of Fortex WebTrader from any computers where the Fortex WebTrader have been installed, by You or by third parties, as well as cover all rights and duties connected with relationships between Fortex Inc. and You in using the Fortex WebTrader.
By clicking on the “Accept” button or any other confirmation button designated by Fortex Inc. You unconditionally and without any objections accept that you will enter into agreement with Fortex Inc. with the extent and rights and duties as set forth in these Terms and Conditions. The Terms and Conditions will be automatically applied on relationships between You and Fortex Inc. You acknowledge and agree, by clicking on the “Accept” button or any other confirmation button designated by Fortex Inc., that you are entering into a legally binding contract with the extent set forth hereunder.
By clicking on the “Accept” button or any other confirmation button designated by Fortex Inc., You expressly acknowledge that you have read the Terms and Conditions and understand the rights, obligations, terms and conditions set forth herein. By clicking on the “Accept” button or any other confirmation button designated by Fortex Inc. and/or continuing to install the Fortex WebTrader, you expressly consent to be bound by the Terms and Conditions and grant to Fortex Inc. the rights set forth herein.
You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records. For such purposes Your email address will be used. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. If the law of your country or any other applicable law prohibits You or limits You, from any reason, from downloading or using the Fortex WebTrader or from entering into agreement as defined in these Terms and Conditions, please, do not use them or do not enter into agreement. If you do it, despite recommendations made herein, You will bear all responsibility for doing that and You will be obliged to keep Fortex Inc. harmless and cover all Fortex Inc. ́s losses or costs accrued thereto.
1.1 The following terms and expressions used in the Terms and Conditions shall have the following meanings:
“Fortex Inc.”: business company Fortex Inc. Silicon Valley Headquaters – 203 Redwood Shores Pkwy Suite 640, Redwood Shores, CA 94065, U.S.A.
“Fortex WebTrader”: any and/or all software products, the author or authorized provider of which is Fortex Inc., which are owned by the Fortex Inc. They include all its updates, programing tools, source codes, improvements, graphics, texts, elements, items, charts, fixes, documents and new versions. They consist mainly of the following components/programs:
– Other software products published on and available at the Fortex Inc. ́s Websites.
“Terms and Conditions”: these terms and conditions, as may be renewed and/or amended from time to time.
“Effective Date”: the date, on which agreement between Fortex Inc. and you is entered into by clicking on the button “Accept” or similar confirmation button designated by Fortex Inc.
“Affiliate”: any corporation, company, subsidiary, organizational part or other entity that directly or indirectly controls, is controlled by, or is under common control with, Fortex Inc. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock.
“IP Rights”: means patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and applications, extensions and renewals in relation to any such rights.
“Fortex Inc.’s Websites”: any and all elements, contents and the ‘look and feel’ of the website available under the URL, www.fortex.com – among other URL’s, from which website the Fortex WebTrader can be downloaded.
“User Account”: refers to the account with User ID and Password that You create for Your use of the Fortex WebTrader.
“Login”: refers to an identification code You selected, which in combination with the Password, gives access to Your User Account.
“Password”: refers to a code, which, in combination with the Login, gives You access to Your User Account.
“Permitted Purpose”: the purpose for which the Fortex WebTrader have been developed and are to be used under instructions published on the Fortex Inc. ́s Websites and/or under the Terms and Conditions.
“You”: You, natural person or legal entity or any other corporation, being subject to any law and having rights and authority and capacity under such law. Any language modifications of You are included into definition.
1.2 References to the singular include the plural and vice versa, and references to one gender include the other gender.
1.3 Any phrase introduced by the expressions “including”, “include”, “in particular”, “mainly”, “dominantly” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- LICENSE AND RESTRICTIONS
2.1 License: Subject to Terms and Conditions, Fortex Inc. hereby grants You a limited, personal, non-exclusive, simple, non-sublicensable, non-assignable, free of charge license to download, install and use the Fortex WebTrader on Your computer or other device for the sole purpose of using the Fortex WebTrader as they are defined and construed.
2.2 No Granting of Rights to Third Parties: You shall not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Fortex WebTrader or any part thereof.
2.3 No Modifications: You shall not undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Fortex WebTrader or any part thereof. You shall also not create other software based on the Fortex WebTrader.
2.4 Third Parties: The Fortex WebTrader may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Fortex WebTrader falls under the scope of Terms and Conditions. Any and all other third party software or technology that may be distributed together with the Fortex WebTrader will be subject to You explicitly accepting a license agreement with that third party. You acknowledge and agree that You will not enter into a contractual relationship with Fortex Inc. or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Fortex Inc. or its Affiliates to enforce any of your rights.
2.5 Exclusive Ownership: Any and all IP Rights in the Fortex WebTrader are and shall remain the exclusive property of Fortex Inc. and/or its licensors. Nothing in Terms and Conditions intends to transfer any such IP Rights to, or to vest any such IP Rights in, or creates any authorization to use in a way different than expressly stipulated to, You. You are only entitled to the limited use of the IP Rights granted to You in the Fortex WebTrader and the Terms and Conditions. You will not take any action to jeopardize, limit or interfere with Fortex Inc. ́s IP Rights. Any unauthorized use of Trading Ltd. ́s IP Rights is a violation of the Terms and Conditions as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws. All title and IP Rights in and to any third party content that is not contained in the Fortex WebTrader, but may be accessed through use of the Fortex WebTrader, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
2.6 No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Fortex Inc.’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
2.7 Use of the Fortex WebTrader: You may make use of the Fortex WebTrader provided that:
2.7.1 Subject to Your compliance with the Fortex WebTrader use terms, Fortex Inc. grants to You a limited, non-exclusive, non-assignable, non-sublicensable, non-transferable right to use the Fortex WebTrader for the Permitted Purpose.
2.7.2 This license does not grant to You any right to any version enhancement, update, or guarantee the continuous availability of the Fortex WebTrader. Fortex Inc. may revise, modify or cease to provide, require you to immediately cease using the Fortex WebTrader or its functionality or any part thereof, which may result in loss of compatibility, denial of access to the functionality of the Fortex WebTrader, system, Fortex Inc. ́s Websites, servers, tools, information and databases, commercial activities related thereto, from time to time without notice.
2.8. Breach of obligation: Fortex Inc. reserves the right, in its sole discretion to terminate using of the Fortex WebTrader immediately in the event that You breach this obligation.
2.9 No different use: Nothing in the Terms and Conditions will give You any right to use the Fortex WebTrader and/or the Fortex Inc. ́s Websites and/or any IP Rights, including without limitation the Credit Trading ́s trademarks and logos, in different way that is expressly stipulated in the Terms and Conditions and/or the Fortex WebTrader and/or the Fortex Inc. ́s Websites. Unless expressly approved by Fortex Inc. You can create only one live or demo login/password (not multiple). Demo account can be opened automatically by providing name, User ID, Password, whereas live account can be opened by providing necessary documents required by the broker. All documents are to be sent to Fortex Inc. and once approved, to be sent further for registration of live account. Live accounts can be rejected without any explanations or reasons.
2.10 Constant Monitoring: At all times, You must constantly monitor the Fortex Inc. ́s Websites to ensure You are aware of any changes in the Fortex WebTrader, the Terms and Conditions and the Fortex Inc. ́s Websites. In the event You cannot agree on any such changes or in any applicable legal or other document ́s changes, You will immediately cease any and all use of the Fortex WebTrader.
2.11 Utilization of Your computer: The Fortex WebTrader and their software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of providing the functionality of the Fortex WebTrader and establishing connection. Fortex Inc. will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your data, however Fortex Inc. cannot give any warranties in this respect. You hereby acknowledge and agree that You shall bear all responsibility for using Your own computer and Your own devices for using the Fortex WebTrader and their software. Fortex Inc. shall bear no responsibility for (i) compliance of Your own computer and Your own devices and their software with the Fortex WebTrader and their software, and (ii) misuse of Your own computer and Your own devices or their software by You or by third party, and (iii) any impact of external effects on Your own computer or Your own devices or their software (e.g. blackout of electrical connectivity, or case of fire, or market disruption, or system disruption, and so on).
2.12 Fortex WebTrader ́ updates: Updates to and New Versions of the Fortex WebTrader and their software: Fortex Inc., in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Fortex WebTrader and their software. Fortex Inc. has no obligation to make available to You any subsequent versions of the Fortex WebTrader. From time to time the Fortex WebTrader may download and install updates from Fortex Inc. automatically. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from Fortex Inc. in order to continue using the Fortex WebTrader and their software. You may have to enter into a renewed or revised version of the Terms and Conditions, in the event you download, install or use a new or updated version of the Fortex WebTrader.
2.13 Suspension: Fortex Inc. may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Fortex WebTrader, and/or disable the Fortex WebTrader You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at Fortex Inc.’s discretion, are in breach of the Terms and Conditions, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
2.14 Lawful purposes: You will use the Fortex WebTrader solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of codes or instructions that are designed to distort, delete, damage or disassemble the Fortex WebTrader or the communication; (c) use the Fortex WebTrader in violation of the laws of your; (d) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights.
2.15 Password Security: To prevent unauthorized use of your User Account, You must not share your Password with any third party. If You suspect that Your Password is known to someone else, then You should change it immediately to protect your User Account.
2.16 Your internet connection: The Fortex WebTrader uses Internet connection to provide its functionality. All costs for the internet traffic associated with Your use of the Fortex WebTrader shall be paid by You and all responsibility for correct, complete and right internet connection remains with You.
2.17 No country limits: You may use the Fortex WebTrader in any country, in accordance with the Terms and Conditions.
2.18 Broker: A Liquidity provider company as broker for Fortex Inc. and the Fortex WebTrader. Servers of the Fortex WebTrader are connected to the broker through a secured encrypted VPN (secure direct line) connection and the communication with a broker takes place through a FIX protocol. You hereby acknowledge and agree with the broker and agree to accept and comply with all terms and conditions of the broker and enter into all agreements that are by the broker deemed to be inevitable for cooperation and functioning between You and broker. In such connection Fortex Inc. shall bear no responsibility in connection with relationship between You and the broker.
3.1 Compliance: Your right to use the Fortex WebTrader under art. 2. (License and restrictions) above is subject further to Your compliance with the following:
3.1.1 Your software application or any of Your item, product, computer, device, program shall in no way and to no extent whether directly or indirectly adversely affect, impede or otherwise hinder or disrupt the functionality or performance of the Fortex WebTrader, the Fortex Inc. ́s Websites or products or services provided by Fortex Inc..
3.1.2 Without the prior written consent of Fortex Inc., You will not remove or hide, modify, not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking executable code of the Fortex WebTrader. At all times, You will comply with the requirements and specifications relating to application design and use and presentation.
3.1.3 You will not remove or hide, modify, not undertake, cause, permit or authorize decompiling, modification, reverse engineering, disassembling or hacking of software applications developed using the Fortex WebTrader that is subject to any third party proprietary rights, unless you have a permission from the owner of such rights.
3.1.4 Save as expressly approved in writing by Fortex Inc., You will not distribute the Fortex WebTrader through website(s) that in Fortex Inc.’s opinion is/are in any way similar to, or infringe the intellectual property rights of the Fortex Inc.’s Websites or use the Fortex WebTrader or words describing the Fortex WebTrader or services connected thereto as the registered URL for website(s).
3.1.5 You will at all times maintain the value and reputation of the the Fortex WebTrader and Fortex Inc. ́ or its Affiliates ́ brand or name, to the best of Your abilities.
3.1.6 You will not use the Fortex WebTrader in any software application or program that in Fortex Inc.’s opinion is actually or potentially fraudulent or inappropriate or contrary to the Terms and Conditions or respective legal regulations.
3.1.7 You agree that the services and products provided through Your software application shall be provided by You in compliance with all applicable laws and regulations (including without limitation those relating to the protection of privacy and the processing of personal data or traffic data).
3.1.8 You will not use the Fortex WebTrader to create a software application that sends unsolicited communications (whether commercial or otherwise) protected by an applicable law to any third party.
3.1.9 You agree that You are solely responsible for (and that Fortex Inc. has no responsibility to You or to any third party for) any services and/or products You provide through Your software application.
3.2 Compliance with Terms and Conditions: You hereby specifically acknowledge that Your rights to use the Fortex WebTrader are strictly subject to Your full compliance with the Terms and Conditions and any breach of any provision of the Terms and Conditions shall give rise to automatic right of termination by Fortex Inc.
- IP Rights
4.1 When You use the Fortex WebTrader for a Permitted Purpose, You retain the IP Rights You may have in Your software application.
4.2 As between You and Fortex Inc., Fortex Inc. and its licensors retain the IP Rights in and to the Fortex WebTrader and any derivative works thereto created by or for Fortex Inc. or its licensors.
- REPRESENTATIONS AND WARRANTIES
5.1 Your Representations and Warranties: You represent and warrant that:
5.1.1 You have legal capability and authorization to enter into contractual relationship with Fortex Inc., to agree and comply with the Terms and Conditions and to exercise the rights and to fulfill the liabilities connected with and/or arising from the Terms and Conditions.
5.1.2 No event has occurred or is existing, which would prevent You to validly execute the Terms and Conditions.
5.1.3 Execution of the Terms and Conditions by You, exercise of Your rights, and fulfillment of Your liabilities under the Terms and Conditions is not contrary to any generally valid legal regulation or any of Your corporate regulation.
5.1.4 Execution of the Terms and Conditions by You, exercise of Your rights, and fulfilment of Your liabilities under the Terms and Conditions do not require any consent, authorization or statement of any of Your’s body according to Your corporate documents or any third person according to the generally valid legal regulations, and if any such consent, authorization or statement is required, then it has been granted.
5.1.5 You will at any and all times meet with Your obligations under the Terms and Conditions, as well as any and all laws, regulations and policies that may apply to the use of the Fortex WebTrader and/or the Fortex Inc. ́s Websites.
5.1.6 You are aware of the fact that Fortex Inc. relies on completeness and correctness of Your representations and warranties made hereunder, and that in case it proves incompleteness or incorrectness of any of Your representations and warranties, it would cause a rise of damage on Fortex Inc. ́s side.
5.2 Business: If You are an employee or director of a corporation or business entity and You use the Fortex WebTrader on behalf of that corporation or business entity (the “Business”), You acknowledge and agree that: (i) by accepting the Terms and Conditions and using the Fortex WebTrader, You do so on behalf of the Business and with the express authorization of the Business that You and the Business shall be bound by the Terms and Conditions in respect of Your and the Business’s use of the Fortex WebTrader; and (ii) the license granted by Fortex Inc. to use the Fortex WebTrader is subject to You obtaining from the Business all necessary consents, permissions and authority for You to act on its behalf and legally bind it according to the Terms and Conditions. You represent and warrant that You have obtained such consents, permission and authority to use the Fortex WebTrader on behalf of the Business. If You do not have such authority, then You do not have a license to use the Fortex WebTrader.
6.1 General Indemnification: You acknowledge and agree that Your use of the Fortex WebTrader will be at Your own risk and account. By using the Fortex WebTrader You implement Your own investment strategies and decisions and You do not use Fortex Inc.and/or the Fortex WebTrader as advisors. You agree, on demand, to indemnify, defend and hold Fortex Inc., its Affiliates and staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by such person, in connection with or arising from (a) Your use of the Fortex WebTrader and/or the Fortex Inc. ́s Websites, or (b) Your misuse of the Fortex WebTrader and/or the Fortex Inc. ́s Websites, (c) any breach or violation of the Terms and Conditions, or (d) violation or breach of any applicable law or regulation, whether or not referenced herein, or (e) violation of any rights of any third party, (f) not respecting instructions and recommendations published on the Fortex Inc. ́s Websites and/or using materials for the Fortex WebTrader, or (g) communication spread by means or the Fortex WebTrader and their software.
- TERMS AND CONDITIONS
7.1 Terms and Conditions ́ modifications: Fortex Inc. reserves the right to modify and change the Terms and Conditions at any time, on a general or individual basis, by publishing the revised Terms and Conditions on the Fortex Inc. ́s Websites or by otherwise notifying You of the revised Terms and Conditions. The revised Terms and Conditions will be applicable and legally bounding after their publication or notification and You shall respect them and comply with them. Your continued use of the Fortex WebTrader or Your not raising any objection shall constitute Your acceptance to be bound by the revised Terms and Conditions. Any modification of the Terms and Conditions thatestablishes Fortex Inc. ́s right to charge royalties is subject to a one (1) month’ prior notice thereof.
- TERM AND TERMINATION
8.1 Term: The Terms and Conditions will be effective as of the Effective Date and will remain effective until terminated by either Fortex Inc. or You as set out below.
8.2 Termination: You may terminate the Terms and Conditions with immediate effect at any time. Without limiting other remedies, Fortex Inc. may limit, suspend, or terminate this license and Your use of the Fortex WebTrader, prohibit access to the Fortex WebTrader and/or Credit Trading ́s Websites and delete Your User Account and/or User ID, with immediate effect, automatically and without recourse to the courts, if Fortex Inc. think that You are in breach of the Terms and Conditions, creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons
8.3 Consequences of Termination: Upon termination of the Terms and Conditions: (a) all licenses and rights to use the Fortex WebTrader shall immediately terminate; (b) You will immediately cease any and all use of the Fortex WebTrader; and (c) You will immediately remove the Fortex WebTrader and their software from all hard drives, networks and other storage media and destroy all copies of the Fortex WebTrader in Your possession or under Your control.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
9.1 No Warranties: The Fortex WebTrader are provided “as they are” with no warranties whatsoever. Fortex Inc. does not, either expressed, implied or statutory, make any warranties, claims or representations with respect to the Fortex WebTrader, including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. Fortex Inc. further does not represent or warrant that the Fortex WebTrader will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without pocket loss, nor does Fortex Inc. warrant any connection to or transmission from the internet, or any quality of calls made through the Fortex WebTrader.
9.2 Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Fortex WebTrader remains with You, to the maximum extent permitted by law. You hereby acknowledge and agree that You are aware of the fact that using the Fortex WebTrader You may suffer a loss on financial markets and such loss shall be completely covered by You and it shall not give to You any right or claim against Fortex Inc. from whatever reason. Further You hereby acknowledge and agree that any or all analysis, recommendations, signals, definitions, trends, examples, advices or tabs included and/or contained in the Fortex WebTrader (i) do not represent Fortex Inc. ́s views or opinions or advises or recommended strategies, and (ii) are not intended to be of binding or obligatory nature and You are not bound in any way to respect them or include them into Your making decisions, and (iii) if you include them into Your making decisions, it shall not give You any right or claim against Fortex Inc. from whatever reason and Fortex Inc. shall bear no responsibility in such connection. Especially, but without any limitation to representations made above, You hereby acknowledge and agree that the graphical symbols in part “Signals” (especially arrows) are just graphical interpretations of mathematical calculations of current positions and do not represent actual investment strategies or recommendations and Fortex Inc. shall not bear any responsibility in using them in Your making investment decisions.
9.3 No Liability: The Fortex WebTrader are being provided to You free of charge. Accordingly, you acknowledge and agree that Fortex Inc. and/or its Affiliates and/or their stuff and /or their licensors will have no liability in connection with or arising from Your use of the Fortex WebTrader as set forth below. Your only right or remedy with respect to any problems of dissatisfaction with the Fortex WebTrader is to immediately deinstall and cease use of the Fortex WebTrader.
9.4 Limitation of Liability: In no event shall Fortex Inc. and/or its Affiliates and/or their stuff and /or their licensors be liable, whether in contract, warranty, tort (including negligence), product liability or any other form of liability, for:
9.4.1 Any indirect, incidental, special or consequential damages (including without limitation any loss of or corruption to data, interruption, computer failure or pecuniary loss) arising from the use or inability to use the Fortex WebTrader, and
9.4.2 Any loss of income, business or profits (whether direct or indirect) arising from the use or inability to use the Fortex WebTrader, and
9.4.3 Any loss or damage which may be incurred by You as a result of:
(i) Any disruptions or delays in any communication when using the Fortex WebTrader;
(ii) The suspension or termination of the Terms and Conditions by You or by Fortex Inc. for any reason,
(iii) The release or the decision not to release new versions of the Fortex WebTrader to You.
9.5 The limitations on Fortex Inc. ́s liability to You in cl. 9.4 above shall apply whether or not Fortex Inc. and/or its Affiliates and/or its stuff have been advised of the possibility of such losses or damages arising.
9.6 No unlawful exclusions: Nothing in the Terms and Conditions is intended to exclude or restrict or shall be construed as excluding or restricting the liability of Fortex Inc. which cannot be limited or excluded by respective law.
9.7 Jurisdiction’s Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
10.1 The parties agree that the contents of the Terms and Conditions and the Fortex WebTrader shall be kept confidential. It is being understood, however, that this shall not restrict either party from giving full information on the Terms and Conditions and the Fortex WebTrader to (i) external auditors, or (ii) governmental or regulatory bodies having jurisdiction over the party, or (iii) service providers to the extent necessary to enable such to perform their duties in connection with the Terms and Conditions and the Fortex WebTrader.
10.2 Notwithstanding the above, You acknowledge and agree that Fortex Inc. and/or its Affiliates, and/or their stuff and/or their licensors shall have access to the Fortex WebTrader to the extent required by them to update the Fortex WebTrader from time to time.
10.3 You agree to keep confidential and not to disclose or use except in performance of Your rights and obligations under the Terms and Conditions all information related to or contained in the Fortex WebTrader, whether disclosed previously, currently or subsequently, hereunder or otherwise. Each party shall use reasonable precautions to protect the other’s confidential information.
10.4 Each party, with providing prior reasonable written notice to the other party, may disclose such confidential information to the minimum extent possible that is required to be disclosed pursuant to the lawful requirement or upon request of a governmental entity or regulatory agency, provided that reasonable measures are taken to guard against further disclosure, including without limitation, seeking appropriate confidential treatment or a protective order, or assisting the other party to do so.
11.1 Entire Terms and Conditions: The Terms and Conditions constitute the entire agreement between You and Fortex Inc. with respect to the Fortex WebTrader and will supersede and replace and change (i) all prior understandings and agreements, unless they have been entered into in writing as a separate document, regarding the subject matter, and (ii) any provision of respective laws or regulations which are allowed to be superseded or replaced or changed. Nothing in this clause shall exclude or restrict the liability of You arising out of fraud or fraudulent misrepresentation.
11.2 Partial Invalidity: If any provision of the Terms and Conditions, or any part of a provision, is found by any court or administrative body of competent jurisdiction or other competent body to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms and Conditions as a whole, the legality, validity or enforceability of the remainder of the Terms and Conditions shall not be affected.
11.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms and Conditions or by law shall not constitute a waiver of that right, power or remedy. If Fortex Inc. waives a breach of any provision of the Terms and Conditions this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
11.4 Assignment: You are not allowed to assign the Terms and Conditions or any rights or claims hereunder. Fortex Inc. is allowed at its sole discretion to assign the Terms and Conditions or any rights or claims hereunder to any third party, without giving prior notice.
11.5 No partnership: Nothing in the Terms and Conditions and no action taken by the parties pursuant to the Terms and Conditions shall constitute, or be deemed to constitute, the parties a partnership, association, join venture or other co-operative entity.
11.6 Force Majeure: A party is not liable for failure to perform the party’s obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
11.7 Applicable Law and Competent Court: The Terms and Conditions and all relationships arising from or connected with the Terms and Conditions, including questions of their validity, and using of the Fortex WebTrader shall be governed by and interpreted in accordance with the laws of Slovakia and shall be subject to the jurisdiction of the courts of Slovakia under respective law.
11.8 Language: The original English version of the Terms and Conditions may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail, unless expressly set forth otherwise under applicable law.
11.9 Survival: All provisions of the Terms and Conditions (i) which are expressed to survive or operate in the event of termination, or (ii) which meaning provides for operation in the event of termination, shall survive termination of the Terms and Conditions and shall be applicable further.