IMPORTANT – THIS END USER AGREEMENT (“TERMS” OR “AGREEMENT”) GOVERNS THE RELATIONSHIP BETWEEN US WHETHER YOU ARE ACCESSING, USING, PLACING AN ORDER, ACCESSING COURSE CURRICULUM AND MATERIALS, OR MAKING A TRANSACTION THROUGH OUR WEBSITE OR USING OUR SERVICES. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 17 AND 18). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. EFX University LLC (“EFX University,” “EFXU,” “we,” “our,” “us”) provides you with access to the EFX University including its applications and websites, and your use of the website https://www.easyfxtrading.com/, including any sub-domains thereof, affiliated websites (“collectively, the “Website”), course curriculum and materials, and mobile applications (collectively, the “Services”), which are owned and maintained by EFX University, are governed by the policies, terms, and conditions set forth below. Please read our terms carefully. We offer the Services, including all information, tools, products, and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, accessing course curriculum and materials, making a transaction over the Website, or otherwise using the Services, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Services in any manner or form whatsoever. By accessing and/or using the Services, including the Website, you agree to be bound by these Terms as a “Subscriber,” meaning you have registered an account with EFX University for a User ID and User Password (defined below), and have enrolled in and paid for access to Services and any other content provided by us. You may not access or use the Services if you do not agree to these Terms. Your ability to use the Services is expressly conditioned upon your assent to these Terms and your pre-payment of the applicable course fees outlined in Section 5 below.

You can review the most current version of the Terms at any time on this page (https://www.easyfxtrading.com/conditions). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.

3. Easy FX Trading Risk Disclosure Agreement

EFX University does not provide personalized investment advice or execute trades on your behalf. None of EFX University’s Services are intended to provide tax, legal, insurance, or investment advice. None of the content provided or through any of EFX University’s Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by EFX University or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any of the content we publish as part of our Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published via our Services will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations that may be provided to you when using our Services are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Services may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content published and made available to you as part of our Services 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 

All sales are final, and EFX University does not offer any money-back guarantees. Nor does EFX University offer refunds in the event we, in our sole discretion, suspend, limit, or terminate your access to the Services, or some or all of the Services altogether. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. EFX University does not cover any losses you may incur as a result of your trading practices. EFX University possesses no knowledge regarding the amount of money you invest or your risk tolerance.The money you spend to access and use the EFX University community cannot be refunded. EFX University has no responsibility for the money you make or lose as a result of any financial or investing decisions you make at your own discretion. You are solely responsible for understanding and appreciating the inherent risks associated with trading before using EFX University services or accessing our community. 

 

All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

 

Please Read This Arbitration And Class Action Waiver Provision Carefully. It Requires You To Arbitrate Disputes With Efx University On An Individual Basis And Limits The Manner In Which You Can Seek Relief From Us.

Except Where Prohibited By Law, You Agree That Any Claim That You May Have In The Future Must Be Resolved Through Final And Binding Confidential Arbitration. You Acknowledge And Agree That You Are Waiving The Right To A Trial By Jury. The Rights That You Would Have If You Went To Court, Such As Discovery Or The Right To Appeal, May Be More Limited Or May Not Exist. You Agree That You May Only Bring A Claim In Your Individual Capacity And Not As A Plaintiff (lead Or Otherwise) Or Class Member In Any Purported Class Or Representative Proceeding Or As A Private Attorney General. You Further Agree That The Arbitrator May Not Consolidate Proceedings Or Claims Or Otherwise Preside Over Any Form Of A Representative Or Class Proceeding.

There Is No Judge Or Jury In Arbitration, And Court Review Of An Arbitration Award Is Limited. However, An Arbitrator Can Award On An Individual Basis The Same Damages And Relief As A Court (including Injunctive And Declaratory Relief Or Statutory Damages), And Must Follow The Terms Of These Conditions Of Use As A Court Would.

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, EFX University, or any involved third-party relating to your account, your use of the Services, your relationship with EFX University, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of theServices, and any act or omission by EFX University or any third-party related to your use or attempted use of the Services, and any communications from EFX University or any third party on EFX University’s behalf. You, EFX University, or any involved third-party may pursue a Claim. EFX University agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against EFX University. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in North Carolina on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and EFX University both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. EFX University will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.

The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in North Carolina: (i) an action by EFX University relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by EFX University for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in North Carolina, and forever waive any challenge to said courts’ jurisdiction and venue.

Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to EFX University, Attn: Legal Department, 8325 US BUS 70, Suite A, Clayton, North Carolina 27520. EFX University will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with EFX University or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.

You and EFX University agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.

If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in North Carolina unless EFX University otherwise agrees to arbitrate in another forum requested by you.

We each agree that any and all Claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA, Consumer Arbitration Rules, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute or Claim is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or EFX University.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.

The arbitrator shall follow the substantive law of the State of North Carolina without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This provision survives termination of your account or relationship with EFX University, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and EFX University and shall not be modified except in writing by EFX University.

EFX University reserves the right to amend this arbitration provision at any time. Your continued use of the Services, purchase of any Service on or through the Website, or use or attempted use of a EFX University Service, constitutes your consent to such changes.

You Understand And Agree To Have Any Claims Decided Individually And Only Through Binding, Final, And Confidential Arbitration. You Have The Right To Opt-out Of This Arbitration Provision Within Thirty (30) Days From The Date That You Purchase, Use, Or Attempt To Use A Service Purchased On Or Through The Website (whichever Comes First) By Writing To Us Via Certified Mail At Efx University, Attn: Legal Department, 8325 Us Bus 70, Suite A, Clayton, North Carolina 27520. For Your Opt-out To Be Effective, You Must Submit A Signed Written Notice Identifying Any Service You Purchased, Used Or Attempted To Use Within The 30 Days And The Date You First Purchased, Used Or Attempted To Use The Service. If More Than Thirty (30) Days Have Passed, You Are Not Eligible To Opt Out Of This Provision And You Must Pursue Your Claim Through Binding Arbitration As Set Forth In This Agreement.