THE LONDON FOREX BROADSHEET™ INDIVIDUAL USER AGREEMENT
IMPORTANT - READ CAREFULLY: This The London Forex Broadsheet (this “Agreement”) is a legal contract between you (an “Individual User”) and LFB Services, LLC a Nevada corporation, with its principal place of business at 3370 N. Hayden Rd., Suite 123, PMB 185, Scottsdale, Arizona 85251 (“TheLFB”). This Agreement covers the terms and conditions under which you as an individual that has purchased the Services online (at http://www.thelfb-forex.com) are obtaining access to certain information and content from public sources, TheLFB professionals and TheLFB strategic resources (the “Data”) through TheLFB’s weblog service (the “Services”).
By clicking on the "I Agree" box below, you agree to accept and be bound by the terms of this Agreement regarding the Services and use of the Data. If you are not willing to accept and be bound by the terms of this Agreement, you will not be permitted to register for the site and you will not be able to access the Services. This Agreement controls and states our agreement with you regarding the Services.
1. License. TheLFB hereby grants to you a limited, non-exclusive, non-transferable license, without right to sublicense, to access, receive and use the Data during the Term (as hereafter defined). Except as otherwise permitted herein, you may not: (a) attempt to derive any codes from the Data (except to the extent applicable laws specifically prohibit such restriction); (b) redistribute, encumber, sell, rent, lease, sublicense or otherwise transfer or make available to others the Data; (c) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Data; or (d) copy or use the Data except for your internal use only. This is a single user license, and the Data should not be stored and used on more than one computer or by any other user.
2. Refund. When you subscribe online, you will have complete access to all Services. If within one (1) calendar day of your enrollment you elect to cancel your subscription, you must notify TheLFB by electronic mail at the address of customercare@thelfb.com and your credit card transaction will be canceled within 24 hours of receipt of the cancellation request (for first time subscribers only). This Refund policy applies to all Terms listed below. No refund will be provided to established subscribers. An established subscriber is defined for the purpose of this Agreement as a subscriber who has completed at least a month of service with TheLFB. This Refund policy applies to all Terms offered by TheLFB. No partial refunds or pro-rated refunds will be given.
3. Month-to-Month Term. The term of this Agreement shall commence on the date on which you have accepted these terms as provided herein (the “Effective Date”), and unless terminated earlier as provided herein, shall continue for the term you subscribed to online covering this user license. If you have subscribed online, your subscription shall automatically renew for thirty (30) day terms unless you notify TheLFB by electronic mail at the address of customercare@thelfb.com thirty (30) days prior to each term of your decision to terminate your subscription, or until your subscription is terminated by TheLFB. TheLFB reserves the right to change the price of the monthly subscription fee at anytime. TheLFB will notify you thirty (30) days prior to implementing the price change. If within five (5) business days of receiving the price change notification, you elect to cancel your subscription, you must notify TheLFB by electronic mail at the address of customercare@thelfb.com. If you subscribed to the Services online using a credit card, TheLFB will contact you via electronic mail only if your card has expired or if TheLFB intends to terminate your subscription. For your convenience, TheLFB shall automatically update its files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify TheLFB otherwise.
4.New Member Promotion Term. The term of this Agreement shall commence on the date on which you have accepted these terms as provided herein (the “Effective Date”), and unless terminated earlier as provided herein, shall continue for the term you subscribed to online covering this user license. If you subscribed to the Services online using a credit card, TheLFB will contact you via electronic mail only if your card has expired or if TheLFB intends to terminate your subscription. For your convenience, TheLFB shall automatically update its files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify TheLFB otherwise.
5.3 Month Silver Membership Package Term. The term of this Agreement shall commence on the date on which you have accepted these terms as provided herein (the “Effective Date”), and unless terminated earlier as provided herein, shall continue for the term you subscribed to online covering this user license. If you subscribed to the Services online using a credit card, TheLFB will contact you via electronic mail only if your card has expired or if TheLFB intends to terminate your subscription. For your convenience, TheLFB shall automatically update its files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify TheLFB otherwise.
6.6 Month Gold Membership Package Term. The term of this Agreement shall commence on the date on which you have accepted these terms as provided herein (the “Effective Date”), and unless terminated earlier as provided herein, shall continue for the term you subscribed to online covering this user license. If you subscribed to the Services online using a credit card, TheLFB will contact you via electronic mail only if your card has expired or if TheLFB intends to terminate your subscription. For your convenience, TheLFB shall automatically update its files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify TheLFB otherwise.
7.Annual Platinum Membership Package Term. The term of this Agreement shall commence on the date on which you have accepted these terms as provided herein (the “Effective Date”), and unless terminated earlier as provided herein, shall continue for the term you subscribed to online covering this user license. If you subscribed to the Services online using a credit card, TheLFB will contact you via electronic mail only if your card has expired or if TheLFB intends to terminate your subscription. For your convenience, TheLFB shall automatically update its files to include the new expiration date on your credit card so that your service may continue uninterrupted unless you notify TheLFB otherwise.
8. Ownership of Data. Through the use of the Services you will be provided with access to the Data for your internal analysis during the Term. The Data shall at all times be the property of TheLFB and its licensors, and any use, transmission, sharing, transfer, conversion or any other act or action regarding the Data, other than personal use pursuant to the terms of this Agreement, is prohibited. Upon termination of this Agreement, you shall cause the Data to be deleted from your computer and any other computer in which such Data is stored without retaining any backup copies thereof except as required under applicable law solely for archival purposes.
9.Availability of Service. Individual User understands and agrees that interruptions of The Services may occur due to scheduled maintenance and repair by TheLFB, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond TheLFB control, as defined by standard practices in the industry. Individual User agrees that under no circumstances will TheLFB be held liable for any financial or other damages due to such interruptions. In no event shall TheLFB be liable to Individual User or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, and loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement. TheLFB reserves the right to modify Services at its sole discretion due to changing market conditions and industry standards.
10. Attribution of Results. Any results developed, calculated or obtained using or through the use of the Services shall be directly attributed to TheLFB using: (a) the following legend on each page in which printed results are displayed, in not less than 10 point type: “Results obtained through the use of The London Forex Broadsheet™ by LFB Services, LLC and (b) for results which are displayed electronically, using the following legend, which shall be visible as long as any of the results are visible: “Results obtained through the use of The London Forex Broadsheet™ by LFB Services, LLC.” Attributions shall clearly distinguish between the source of the Data (attributed to TheLFB) and your results and shall in no way affiliate TheLFB with or suggest TheLFB approval of such results.
11. Limited Warranty. TheLFB represents and warrants that, to its knowledge, the access to and use of the Services for their intended purposes do not infringe upon the United States patent, copyright, trademark or trade secret rights of any third party. This limited warranty is void if infringement results from: (a) modifications to any part of the Data or the Services provided hereunder that were not made by TheLFB; (b) the use of the Services or the Data in connection with another product or service (the combination of which caused the infringement); or (c) TheLFB's compliance with your specific instructions. Your exclusive remedy for a breach of this limited warranty shall be, at TheLFB's option, for TheLFB to: (a) obtain a right for you to use the Data without additional or increased cost to you; (b) modify the Service and/or the Data, without materially diminishing the functionality or performance thereof, to become non-infringing, at TheLFB's sole expense; or (c) require that you discontinue the use of the Service and/or the Data.
12. EXCLUSION OF WARRANTIES. THE SERVICES AND THE DATA ARE PROVIDED ON AN “AS IS” BASIS. TheLFB MAKES NO CLAIMS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, AVAILABILITY OR RELIABILITY OF SUCH MATERIAL, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE SERVICE, OR THAT ANY DESIRED RESULT MAY BE OBTAINED THROUGH USE OF ANY LFB SERVICE. IN NO EVENT SHALL TheLFB BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR THE DATA, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TheLFB, AND EVEN IF TheLFB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TheLFB SHALL SCAN TRANSMISSIONS TO YOU FOR COMPUTER VIRUSES KNOWN TO TheLFB. TheLFB, HOWEVER, DOES NOT WARRANTY THAT A COMPUTER VIRUS IS NOT CONTAINED IN ANY TRANSMISSION FROM TheLFB. TO THE EXTENT TheLFB BECOMES AWARE THAT TheLFB’S COMPUTER SYSTEMS ARE INFECTED WITH A VIRUS KNOWN TO TheLFB, TheLFB SHALL USE COMMERCIALLY REASONABLE EFFORT TO PROMPTLY REMOVE THAT VIRUS FROM SUCH TheLFB SYSTEMS. IN THE EVENT THAT ANY OF THE FOREGOING LIMITATIONS ARE HELD INVALID, OR IN ANY OTHER EVENT, TheLFB WILL NOT BE LIABLE FOR DAMAGES IN EXCESS OF THE SERVICE FEE PAID FOR THE LICENSE PROVIDED UNDER THIS AGREEMENT. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
13. Termination. LFB Services reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to its web sites, including its contents, features, and hours of availability for any subscriber.
14. Terms of Use; Modifications. You agree that access to the Services shall be governed by the Terms of Use posted when accessing the Service, which Terms of Use may be amended by TheLFB from time to time at its discretion. In addition, TheLFB reserves the right, in its sole discretion, to modify, alter, or otherwise revise the terms of this Individual User Agreement upon notice to you of the modified terms.
15. Indemnity. You agree to indemnify, defend, and hold harmless TheLFB and its affiliates, and their respective directors, officers, employees, agents, licensors, or any person or entity involved in the creation, production, and distribution of the Services, from and against any and all claims, liabilities, losses, costs, and expenses incurred in connection with any breach by you of this Agreement or resulting from, or in connection with, your use of the Services.
16. Governing Law; Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice of law or conflict of law provision or rule whether such provision or rule is that of the State of Arizona or any other jurisdiction. Each of the parties irrevocably consents to the exclusive personal jurisdiction of United States District Court, District of Arizona, or in the event that such court does not have subject matter jurisdiction, then the Arizona State courts situated in Maricopa County, State of Arizona, in connection with any action, suit or proceeding relating to or arising out of this Agreement or any of the transactions or relationships contemplated hereby. Each of the parties hereto, to the extent permitted by law, hereby waives any objection that such party may now have or hereafter have to the jurisdiction of such courts on the basis of inconvenient forum or otherwise. Notwithstanding any provision to the contrary, in the event of a breach of Sections 1 and 5, TheLFB may seek any and all relief in any court of competent jurisdiction. THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING, DIRECTLY OR INDIRECTLY, OUT OF THIS AGREEMENT.
17. Assignment. This Agreement is not assignable by you without the prior written consent of TheLFB.