Terms Of Use

Please read our Terms Of Use
TERMS OF USE

Effective Date: November 20, 2021
To review material modifications and their effective dates scroll to the bottom of the page.

  1. Parties: The parties to these Terms of Use are you, and the owner of this www.OMNIFX.co website business, OMNIFX, (“OMNIFX”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and OMNIFX.
  2. Use and Restrictions: Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
  3. Modification: We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. You should scroll to the bottom of this page periodically to review material modifications and their effective dates. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
  4. Monitoring: We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
  5. Separate Agreements: You may acquire products, services, and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services, and/or content.
  6. Ownership: The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site are owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
  7. General Warranty Disclaimer
    EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  8. Earnings Disclaimer
    ALTHOUGH WE MAKE EVERY EFFORT TO ACCURATELY REPRESENT THE SERVICES AND/OR PRODUCTS PRESENTED ON THIS WEBSITE, WE MAKE NO ASSURANCE, REPRESENTATION, OR PROMISE REGARDING FUTURE EARNINGS OR INCOME, OR THAT YOU WILL MAKE ANY SPECIFIC AMOUNT OF MONEY OR ANY MONEY AT ALL, OR THAT YOU WILL NOT LOSE MONEY.

    • EARNINGS OR INCOME STATEMENTS, OR EXAMPLES OF EARNINGS OR INCOME, REPRESENT ESTIMATES OF WHAT YOU MAY EARN; HOWEVER, THERE IS NO PROMISE OR GUARANTEE THAT YOU MAY EXPERIENCE THE SAME LEVEL OF EARNINGS OR INCOME.
    • THERE IS NO ASSURANCE THAT ANY PRIOR SUCCESS OR PAST RESULTS REGARDING EARNINGS OR INCOME MAY BE AN INDICATION OF YOUR FUTURE SUCCESS OR RESULTS.
    • STATEMENTS OR EXAMPLES OF ACTUAL EARNINGS ON THIS WEBSITE THAT ARE ATTRIBUTED TO A SPECIFIED INDIVIDUAL OR BUSINESS ARE TRUE AND CORRECT, AND WE WILL VERIFY THEM UPON REQUEST AND ALSO PROVIDE STATEMENTS OF EXPECTED TYPICAL RESULTS (EMAIL JOHNANDREW@OMNIFX.CO); HOWEVER, THESE STATEMENTS OR EXAMPLES SHOULD NOT BE VIEWED AS PROMISES OR GUARANTEES OF EARNINGS OR INCOME. EARNINGS AND INCOME POTENTIAL ARE AFFECTED BY A NUMBER OF FACTORS OVER WHICH WE HAVE NO CONTROL, INCLUDING BUT NOT LIMITED TO CHANGES WITHIN THE MARKET.
    • TRADING ONLINE INVOLVES UNKNOWN RISKS. SHOULD YOU MAKE DECISIONS BASED ON INFORMATION PROVIDED THROUGH SERVICES AND/OR PRODUCTS PRESENTED ON THIS WEBSITE, THEY SHOULD BE WITH THE UNDERSTANDING THAT TRADING ONLINE MAY NOT BE SUITABLE FOR YOU, AND THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES OR FAIL TO GENERATE ANY EARNINGS OR INCOME AT ALL.
    • YOU SHOULD UNDERTAKE YOUR OWN DUE DILIGENCE REGARDING YOUR EVALUATION OF ANY SERVICES AND/OR PRODUCTS PRESENTED ON THIS WEBSITE, AND THIS INCLUDES RELYING ON QUALIFIED PROFESSIONAL ADVISORS TO ASSIST YOU WITH YOUR EVALUATION.
    • FOR THE FOREGOING REASONS, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY DECISION YOU MAY MAKE REGARDING ANY INFORMATION PRESENTED ON THIS WEBSITE OR ANY OF THE SERVICES AND/OR PRODUCTS PRESENTED ON THIS WEBSITE.
  9. Trading Disclaimer.
    WE ARE NOT A BROKER-DEALER, WE ARE NOT AN INVESTMENT ADVISOR, NOR ARE WE A COMMODITY TRADING ADVISOR (CTA). WE DO NOT SOLICIT DISCRETIONARY ACCOUNTS.

    • WE DO NOT SUPERVISE ANY DISCRETIONARY TRADING ACCOUNT.
    • WE DO NOT PURPORT TO AND DO NOT, IN ANY FASHION, PROVIDE INVESTMENT ADVICE, COMMODITY TRADING ADVICE, TAX, ACCOUNTING, ACTUARIAL, RECORDKEEPING, LEGAL, BROKER/DEALER, OR ANY RELATED SERVICES OR ADVICE. WE ARE NOT REQUIRED TO REGISTER WITH THE SECURITIES AND EXCHANGE COMMISSION (SEC), THE NATIONAL FUTURES ASSOCIATION (NFA), AND THE COMMODITY FUTURES TRADING COMMISSION (CFTC).
    • WE DO NOT ACCEPT ORDERS TO BUY OR SELL. WE DO NOT HANDLE SUBSCRIBERS’ FUNDS. SUBSCRIBERS HAVE THEIR OWN BROKERAGE ACCOUNT.
    • WE PROVIDE SOFTWARE-BASED A TRADING ALGORITHM THAT IS ACCESSIBLE AS AN ONLINE SOFTWARE-AS-A-SERVICE (SaaS) TO FACILITATE OPTIONAL ALGORITHMIC TRADING OF COMMODITIES BY SUBSCRIBERS OF OUR SERVICE. ALL SUBSCRIBERS RECEIVE THE SAME SIGNALS FROM THE APPLICABLE ALGORITHM. ALL SIGNALS GENERATED THROUGH OUR SERVCIE ARE IMPERSONAL AND NOT TAILORED TO ANY SUBSCRIBER’S SPECIFIC FACTS AND/OR CIRCUMSTANCES.
    • WE DO NOT PROVIDE PERSONALIZED RECOMMENDATIONS OR VIEWS AS TO WHETHER A STOCK OR CURRENCY INVESTMENT APPROACH IS SUITED TO THE FINANCIAL NEEDS OF A SPECIFIC INDIVIDUAL. SIGNALS FROM THE ALGORITHMS SHOULD NOT BE UNDERSTOOD AS CONSTITUTING A PERSONAL RECOMMENDATION TO ENTER IN ANY SECURITIES TRANSACTIONS OR TO ENGAGE IN ANY INVESTMENT STRATEGY.
    • USE OF OUR SERVICE IS OPTIONAL. SUBSCRIBERS ARE NOT REQUIRED TO USE OUR SERVICE. YOU SHOULD SPEAK WITH YOUR FINANCIAL REPRESENTATIVE, BROKER-DEALER, FINANCIAL ANALYST, OR COMMODITY TRADING ADVISOR (CTA) TO ENSURE THAT THE SIGNALS AND STRATEGY WHICH YOU UTILIZE ARE SUITABLE FOR YOUR INVESTMENT PROFILE BEFORE TRADING IN A LIVE BROKERAGE ACCOUNT. ALL CONTENT PROVIDED BY US IS INTENDED FOR RUNNING SOFTWARE-BASED TRADING ALGORITHMS IN SIMULATION MODE ONLY.
  10. Limitation of Liability. IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this Site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic images in the link without our prior written consent.
  12. Links to Third-Party Websites. We do not review or control third-party websites that link to or from this site, and we are not responsible for their content and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk.
  13. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
  14. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Las Vegas, Nevada, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Nevada, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1,000.
  15. Jurisdiction and Venue. The courts of Clark County in the State of Nevada, USA, and the U.S. District Court for the Las Vegas District in the State of Nevada shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
  16. Controlling Law. This Agreement shall be construed under the laws of the State of Nevada, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
  17. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
  18. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
  19. Privacy. Please review this site’s Privacy Policy which also governs your visit to this site. Our Privacy Policy is always accessible on our site’s home page.
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    >>Material Modifications<< Since November 01 2021: none.

Notice:

Accessible Online as Software-as-a-Service (SaaS)

DISCLAIMER: Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. Past performance is not indicative of future results. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.

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OMNIFX:

Email:     johnandrew@omnifx.co
Phone:   (424) 285.5556
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