Services Agreement
Futures Education is a Texas limited
liability company. This Services Agreement
(this "Agreement") applies to (i)
the Futures Education Website (the "Futures Education
Website") and (ii) the electronic
content contained on the Futures Education
Website, as well as any features or
content we may add in the future (the
"Futures Education"). This
Agreement serves as the terms and
conditions for the Futures Education
Website ("Terms and
Conditions"). In continuing to access
or use the Futures Education Website, you
agree to follow the Terms and Conditions
of this Agreement as they may apply to
you. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, DO NOT USE THE FUTURES
EDUCATION WEBSITE.
Scope and Effect of this Agreement
The Futures Education services provided
herein are operated by Futures Education,
either alone or in conjunction with its
affiliates, agents and partners. To access
any of the Futures Education Services, and
as a condition to visiting and using our
Website generally, you must agree, without
modification, to the terms and conditions
of this Agreement. We may also ask you to
follow additional rules, guidelines or
other conditions that govern the use of a
particular Futures Education Service at
the time you register for or use that
Service. This Agreement incorporates by
reference the rules and guidelines of any
Service for which you have registered.
Revisions and Relation to Other
Agreements or Disclosures
Futures Education may revise this
Agreement at any time, and you agree to be
bound by future revisions. This Agreement
will always be available for your review
at the Terms and Conditions link at the
bottom of the FuturesEducation.com home
page. In addition, Futures Education will
advise registered users by e-mail of
material changes to the Terms and
Conditions.
Futures Education may revise the Futures Education
Services; and subject to any Technical
Problems (discussed below), Futures Education
shall provide reasonable notice of any
material change or variation in the Futures Education
Services to current services or to
affected services. Futures Education may
also offer other services from time to
time that are governed by different or
additional terms and conditions. Futures Education
Services are subject to any disclosures or
disclaimers found within the Services. Futures Education
reserves the right to modify or
discontinue, temporarily or permanently, a
Futures Education service (or any part
thereof) with or without notice. You agree
that Futures Education will not be liable
to you or to any third party for any
modification, suspension or discontinuance
of a Futures Education service.
Registration Information and
Requirements
When you register for a Futures Education
service, we may ask you to give us certain
identifying information
("Registration"). You agree to
provide true, accurate, current and
complete information about yourself. You
also agree not to impersonate any person
or entity, misrepresent any affiliation
with another person, entity or
association, use false headers or
otherwise conceal your identity from Futures Education
for any purpose. We agree to treat with
care the information you entrust to us, in
accordance with the disclosures we give
during the Registration process and in our
Privacy Policy.
For your protection and the protection
of our other customers and Website users,
we ask you not to share your Registration
information (including passwords,
usernames, and screen names) with another
person for the purpose of facilitating
their access and unauthorized use of Futures Education.
You alone are responsible for all messages
posted, statements made, or acts or
omissions that occur within any Futures Education
website through the use of your
Registration information. If you believe
that someone has used your Registration
information to access any Futures Education
service without your authorization, please
call our Customer Service Department
immediately.
Limited License
Futures Education grants you a
non-exclusive, non-transferable and
limited personal license to access and use
the Futures Education website. This
license is conditioned on your continued
compliance with the terms and conditions
in this Agreement. You agree not to resell
or permit access to the Futures Education
Website to others and not to copy any
materials appearing on the Futures Education
Website for resale to others. You further
agree not to delete any copyright notices
or other indications of protected
intellectual property rights from
materials that you print or download from
the Futures Education Website. You shall
not obtain any intellectual property
rights in or any right or license to use
such materials or the Futures Education
Website other than as set out herein.
Communications
Unless otherwise indicated for a
particular Futures Education Service, any
communications or material of any kind
that you e-mail, post or otherwise
transmit through the Futures Education
Services, including data, questions,
comments, or suggestions (your
"Communications") will be
treated as non-confidential and
nonproprietary. You hereby grant a license
to Futures Education to reproduce,
disclose, transmit, publish, broadcast, or
post your Communications either on the Futures Education
Website or elsewhere with no liability or
obligation to you. Futures Education is
free to use any ideas, concepts, know-how,
or techniques contained in your
Communications for any purpose including,
but not limited to, developing and
marketing products using such information.
Futures Education, its affiliates and
agents are entitled, but not obligated, to
review or retain your Communications. We
may monitor your Communications to
evaluate the quality of service you
receive, your compliance with this
Agreement, the security of the Futures Education
Website, or for other reasons. You agree
that Futures Education's monitoring
activities will not entitle you to any
cause of action or other right with
respect to the manner in which Futures Education
monitors your Communications and enforces
or fails to enforce the Rules and
Guidelines of any Futures Education
Service and the terms of this Agreement.
In no event will Futures Education be
liable for any costs, damages, expenses or
any other liabilities incurred by you as a
result of Futures Education's monitoring
activities.
Use of Futures Education Services
The following requirements apply to your
use of any Futures Education Service:
• You will not use any electronic
communication feature of a Futures Education
Service for any purpose that is unlawful,
tortious, abusive, intrusive on another's
privacy, harassing, libelous, defamatory,
embarrassing, obscene, threatening or
hateful.
• You will not upload, post, reproduce
or distribute any information, software or
other material protected by copyright or
any other intellectual property right (as
well as rights of publicity and privacy)
without first obtaining the permission of
the owner of such rights.
• You will not collect or store personal
data about other users.
• You will not use any Futures Education
Service for any commercial purpose not
expressly approved by Futures Education in
writing. You will not upload, post, e-mail
or otherwise transmit any advertising or
promotional materials, including without
limitation, "junk mail,"
"surveys," "spam,"
"chain letters," "pyramid
schemes," or any other form of
solicitation or unauthorized
communication.
• You will not upload, post, e-mail or
otherwise transmit any material that
contains viruses or any other computer
code, files or programs which might
interrupt, limit or interfere with the
functionality of any computer software or
hardware or telecommunications equipment.
Market Information
We may make available to you through one
or more Futures Education services a broad
range of financial information that we
obtain from our agents, vendors, or
partners ("Third Party
Providers"). This includes financial
market data, quotes, news, analyst
opinions, and research reports.
Collectively, we refer to this as
"Market Information." Futures Education
does not endorse or approve the Market
Information, and we make it available to
you only as a service and convenience. Futures Education
and our Third Party Providers do not (1)
guarantee the accuracy, timeliness,
completeness or correct sequencing of the
Market Information, or (2) warrant any
results from your use or reliance on the
Market Information. Market Information may
quickly become unreliable for various
reasons including, for example, changes in
market conditions or economic
circumstances. Neither Futures Education
nor the Third Party Providers are
obligated to update any information or
opinions contained in any Market
Information, and we may discontinue
offering Market Information at any time
without notice. You agree that neither Futures Education
nor the Third Party Providers will be
liable in any way for the termination,
interruption, delay, or inaccuracy of any
Market Information. You will not
redistribute or facilitate the
redistribution of Market Information, nor
will you provide access to Market
Information to anyone who is not
authorized by Futures Education to receive
Market Information.
No Investment Advice or
Recommendations
The Futures Education Services and content
(including Market Information) are for
information, education, and entertainment
purposes only. Although through the Futures Education
Website, you may be provided information
relating to investment approaches and
opportunities to buy or sell investments,
you should not construe any Market
Information or other content as legal,
tax, investment, financial or other
advice. Nothing contained on the Futures Education
Website constitutes a solicitation,
recommendation, endorsement, or offer by Futures Education
or a Third Party Provider to buy or sell
any investment or other financial
instruments or to enter into any
transaction. You alone will bear the sole
responsibility of evaluating the merits
and risks associated with the use of any Futures Education
Service before making any decisions based
on Market Information or content contained
in a Futures Education Service. In
exchange for using Futures Education
Services, you agree not to hold Futures Education
or any Third Party Provider liable for any
possible claim for damages arising from
any decision you make based on information
made available to you through any Futures Education
Service.
Own Risk, Computer Access,
Maintenance of Protection
You agree to use the Futures Education
Website at your own risk. You shall be
responsible for providing and maintaining
the means by which to access the Futures Education
Website, which may include without
limitation a personal computer, modem and
telephone or other access line. You shall
be responsible for all access and service
fees necessary to connect to the Futures Education
Website and assume all charges incurred in
accessing such system. You further assume
all risks associated with the use and
storage of information on your personal
computer.
You represent and warrant that (i) you
have implemented and plan to operate and
maintain appropriate protection in
relation to the security and control of
computer viruses or other similar harmful
or inappropriate materials, devices,
information or data and (ii) you will not
transmit to or in any way whether directly
or indirectly expose Futures Education or
any of Futures Education's online service
providers to any computer virus or other
similar harmful or inappropriate material
or device.
Technical Problems
You understand that while the Internet and
the World Wide Web generally are
dependable, technical problems or other
conditions may delay or prevent you from
accessing the Futures Education Website or
entering or canceling an order on the Futures Education
Website, or likewise may delay or prevent Futures Education
from executing an order. Futures Education
shall not be liable for, and you agree not
to hold or seek to hold Futures Education
or any of its service providers liable
for, any technical problems, system
failures and malfunctions, communication
line failures, equipment or software
failures or malfunctions, system access
issues, system capacity issues, high
Internet traffic demand, security breaches
and unauthorized access beyond the
reasonable control of Futures Education,
and other similar computer problems and
defects. Futures Education does not
represent, warrant or guarantee that you
will be able to access or use the Futures Education
Website at times or locations of your
choosing, or that Futures Education will
have adequate capacity for the Futures Education
Website as a whole or in any geographic
location. Futures Education does not
represent, warrant or guarantee that the Futures Education
Website will provide uninterrupted and
error free service. Futures Education does
not make any warranties or guarantees with
respect to the Futures Education Website
and its content, including without
limitation, warranties for merchantability
or fitness for a particular purpose.
Neither Futures Education nor any of its
service providers shall be liable to you
for any loss, cost, damage or other
injury, whether in contract or tort,
arising out of or caused in whole or in
part by Futures Education's or your use of
or reliance on the Futures Education
Website or its content or in otherwise
performing its obligations under or in
connection with this Agreement. In no
event will Futures Education or any of its
service providers be liable to you or any
third party for any punitive,
consequential, special or similar damages
even if advised of the possibility of such
damage. If some jurisdictions do not allow
the exclusion or limitation of liability
for certain damages, in such
jurisdictions, the liability of Futures Education
or any of its service providers shall be
limited in accordance with this Agreement
to the extent permitted by law. Futures Education
reserves the right to suspend service and
deny access to the Futures Education
Website without prior notice during
scheduled or unscheduled system
maintenance or upgrading.
Hyperlinks
Futures Education may provide a link to
other sites that are controlled or offered
by third parties. The fact that Futures Education
has provided a link to a site is not an
endorsement, authorization, sponsorship,
or affiliation with respect to such site,
its owners, or its providers. There are
risks in using any information, software,
or products found on the Internet, and Futures Education
cautions you to make sure you understand
these risks before retrieving, using,
relying upon, or purchasing anything via
the Internet. Links to these websites are
provided solely for your convenience, and
you agree that under no circumstances will
you hold Futures Education liable for any
loss or damage caused by use of or
reliance on any content, goods or services
available on other sites.
Trademarks and Copyrights
All content, trademarks, services marks,
trade names, logos, and icons are
proprietary of Futures Education or its
affiliates or agents and are protected by
United States copyright laws and
international treaty provisions. Nothing
contained on the Futures Education Website
should be construed as granting, by
implication, estoppel, or otherwise, any
license or right to use any trademark
without the written permission of Futures Education
or such third party that may own the
trademarks. Your use of the trademarks, or
any other content of the Futures Education
Website, except as provided herein, is
strictly prohibited.
Images displayed on the Futures Education
Website are either the property of, or
used with permission by, Futures Education.
You are prohibited from using or
authorizing the use of these images unless
specifically permitted under this
Agreement. Any unauthorized use of the
images may violate copyright laws,
trademark laws, the laws of privacy and
publicity, or other regulations and
statutes.
Disclaimer of Warranties
Although Futures Education tries to
provide accurate and timely information on
the Futures Education Website, there may
be inadvertent technical or factual
inaccuracies and typographical errors. Futures Education
reserves the right to make changes and
corrections at any time, without notice.
The information provided on the Futures Education
Website is provided "AS IS" and
"AS AVAILABLE." Futures Education
does not warrant the accuracy,
completeness or timeliness of the
information, text, graphics, links or
other items contained on the Futures Education
Website. Futures Education provides no
guarantee against the possibility of
deletion, mis-delivery or failure to store
communications, personalized settings, or
other data. Futures Education expressly
disclaims all liability for errors or
omissions in, or the misuse or
misinterpretation of, any information
contained on the Futures Education
Website. Futures Education may change
information contained on the Futures Education
Website at any time and makes no
commitment to update the information
contained on the Futures Education
Website. YOU ASSUME THE ENTIRE RISK AS TO
THE USE OF THE FUTURES EDUCATION SERVICES.
Further, Futures Education makes no
warranties regarding any of the Futures Education
Services. Futures Education and its
affiliates and agents disclaim all
warranties, either express or implied,
including but not limited to implied
warranties of merchantability, accuracy,
fitness for a particular purpose, and
non-infringement.
Limitation of Liability and
Indemnification
You agree to indemnify and hold Futures Education
and its affiliates, agents, employees, and
licensors (including the Third Party
Providers) harmless against all actions,
claims, demands, proceedings, damages,
costs, charges and expenses incurred by Futures Education
(including, but not limited to, reasonable
attorney fees) arising out of or relating
to (i) your violation of this Agreement,
state or federal securities laws or
regulations or any other person's rights,
including but not limited to infringement
of any copyright or violation of any
proprietary or privacy right, or (ii) any
misrepresentation made by you or any
breach of your representations or
warranties.
Under no circumstances, including but
not limited to a negligent act, will Futures Education
or its affiliates or agents be liable for
any damages of any kind that result from
the use of, or the inability to use, any Futures Education
service, even if a Futures Education
authorized representative has been advised
of the possibility of such damages.
Applicable law may not allow the
limitation or exclusion of liability or
incidental or consequential damages, so
the above limitation or exclusion may not
apply to you.
Term and Termination
The license granted under this Agreement
will terminate if Futures Education
believes that any information provided by
you, including your e-mail address, is no
longer current or accurate, or if you fail
to otherwise comply with any term or
condition of this Agreement and all rules
and guidelines for each Futures Education
service. Upon such violation, you agree to
terminate access to the Futures Education
services. You agree that Futures Education,
in its sole discretion and with or without
notice, may terminate your access to any
or all Futures Education services, and
remove and discard any information or
content within a Futures Education
service.
Governing Law
This Agreement, and all future agreements
you shall enter into with Futures Education,
unless otherwise indicated on such other
agreement, shall be governed by the laws
of the State of Texas, without regard to
conflicts of law principles thereof. This
is the case regardless of whether you
reside or transact business with Futures Education
in Texas or elsewhere. Unless a dispute
would be governed by an applicable
arbitration agreement, you agree to submit
to the personal and exclusive jurisdiction
of the courts located within Dallas,
Texas. If any part of this Agreement is
unlawful, void or unenforceable, that part
will be deemed severable and will not
affect the validity and enforceability of
any remaining provisions.
Internet Security
FuturesEducation.com is a service of Futures Education.
This website has security measures in
place to protect the loss, misuse and
alteration of the information under our
control. Any time you enter an order or
provide any personal information, such as
logging in, we encrypt it using SSL
(Secure Sockets Layer) technology. To
support this technology, you must use an
SSL-capable browser. Futures Education
recommends using a strong encryption,
128-bit browser such as Netscape
Navigator 4.06 or higher, or Microsoft
Internet Explorer 4.01 or higher.
These browsers will activate SSL
automatically whenever you log on to your Futures Education
Futures account. The latest versions of
these browsers can be downloaded from www.netscape.com
or www.microsoft.com, respectively.
Information that you provide us is handled
by several related parties. These parties
as well as Futures Education have
implemented sophisticated security
features including firewalls and network
segmentation and monitoring to protect
your financial and personal data.