TulipFX Terms & Conditions – License Agreement
TulipFX Terms & Conditions
You must be 18 years of age and able to enter into a legally binding contract to visit and use any products or services offered by TulipFX or any of our recommended, linked or referral sites. This site follows the guidelines, policies and laws of the Federal Trade Commission (www.ftc.gov). We retain the right to refuse anyone purchase of any products or services in any of our sites for any reason at any time.
TulipFX, its owner(s) and subsidiaries, retain the right to amend, update, or change these terms and conditions at anytime. By using any product or service offered by TulipFX, you agree to be bound by any and all future changes. TulipFX reserves the right, without notice to you, to change or terminate these terms and conditions. The latest terms and conditions will be posted on this site on our Terms and Conditions page. You agree that the use the system or service you purchased or received from TulipFX after notice of changes to these terms and conditions, or if you do not cease using this product or cancel in writing within fifteen (15) calendar days of such notice, shall mean that you accept the changes. Changes required by law, however, will be effective immediately.
Disclaimer and Disclosure
TulipFX is not registered as an investment adviser. We rely upon the “publisher’s exclusion” from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, TulipFX does not offer or provide personalized investment advice to users.
TulipFX is not registered as an investment adviser with the U.S. Securities and Exchange Commission, nor are we a registered broker-dealer. All information we publish is based on our opinions plus our statistical and financial data and independent research. All emails, text messages and other material provided by TulipFX are for informational purposes only. Any mention of a particular security in any of our materials constitutes a recommendation to buy, sell, or hold that or any other security. Any mention of a particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent that any of the information obtained from TulipFX may be deemed to be investment opinion, such information is impersonal and not tailored to the investment needs of any specific person. TulipFX does not promise, guarantee or imply verbally or in writing that any information provided through our website, emails, text messages, newsletters, or reports, in any printed material, or displayed on any of our websites, will result in a profit or loss.
We strongly encourage you to get personal advice from your professional investment, tax, or legal adviser(s) and to initiate independent investigations before acting on any information that we publish. Only you and your professional advisers can determine what level of risk is appropriate for you.
Employees, owners, and/or writers of TulipFX may own positions in the equities, options, and/or securities mentioned in our reports, emails, text messages, newsletters, and website. However, no associated employees will intentionally engage in any transaction that directly or indirectly competes with the interests of our clients.
THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION “Limitation of Liability”. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
No Legal, Tax, or Investment Advice
Information contained on or made available through the Site or our products is not intended to and does not constitute tax, legal, or investment advice or recommendations; which should be obtained from your professional advisers prior to engaging in any investment of the type discussed in the information or on the Site. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of the system or service you purchased or received from TulipFX and information on the Site or materials linked to the Site is entirely at your own risk.
All results, performance figures presented on the site should be considered hypothetical. Past results are no guarantee of future performance. Due to the time-critical nature of stock, option, foreign exchange and securities trading, brokerage fees and expenses, and the activity of other users and investors, TulipFX cannot guarantee that you will generate the exact returns stated in our promotions and track records. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in our track records and promotions. Your results may differ considerably depending on a number of factors, including when you start or stop investing in a particular security or strategy, which recommendations you choose to act on, how much investment capital you allocate to each position, the specific prices you are executed at, the brokerage commissions and fees you pay, the interest income you earn on idle cash, and the number and size of profitable and unprofitable trades you experience. Due to these and other factors, testimonials may or may not represent actual results.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward- looking statements. Actual events or results may differ. We have no obligation to update any information on the Site. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Limitation of Liability
(1) WE AND ANY AFFILIATED PARTY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR AN AFFILIATED PARTY’S CONTROL.
(2) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, HEREBY SHALL NOT EXCEED THE FEES RECEIVED BY TULIPFX FROM CLIENT AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. FURTHER, TULIPFX WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY MATERIAL PROVIDED BY TULIPFX.
Without limitation, TulipFX shall not be responsible or liable for any losses or damages related to, either directly or indirectly: (1) any decline in market value or loss of any investment, (2) a user’s inability to use or any delay in accessing this website or any other source of information provided by TulipFX, (3) any absence of material or information on our websites or any information source, (3) TulipFX ‘s failure to deliver any material or (4) any other kind of error in transmission of material; or (5) the use by a subscriber of any research to invest in any way may be deemed unsuitable in accordance with certain industry standards.
TulipFX and user acknowledge that, without limitation, the above enumerated conditions cannot be the probable cause of any breach of any agreement between TulipFX and user.
Earnings & Income Disclaimers
TULIPFX MAKES NO CLAIM REGARDING INCOME GUARANTEES OR RESULTS FROM USING ANY OR ALL OF ITS PRODUCT OR SERVICES. ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE YOU’LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL. WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR BUSINESS, THOSE PERSONS OR BUSINESSES HAVE EARNED THAT AMOUNT.
FOREIGN EXCHANGE CURRENCY TRADING AND EARNINGS DERIVED THEREFROM, HAVE UNKNOWN RISKS INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEB SITE, SHOULD BE DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES, OR MAKE NO MONEY AT ALL.
ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER OR PROFESSIONAL ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEB SITE ARE ADVISED TO DO THEIR OWN DUE DILIGENCE WHEN IT COMES TO TRADING IN FOREIGN EXCHANGE CURRENCIES AND ALL INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN QUALIFIED PROFESSIONALS. OUR INFORMATION, PRODUCTS, AND SERVICES ON THIS WEB SITE SHOULD BE CAREFULLY CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER TO RELY ON THEM.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE OF YOUR FOREIGN EXCHANGE CURRENCY TRADING DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR COMPANY, OR OUR COMPANY PRODUCTS OR SERVICES.
Limited License & Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to use the system or service you purchased or received from TulipFX on your computer or (rented) VPS, to be used on 1 demo or 1 live account on Metatrader 4; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Cancellation and Duration
If you purchased a service (such as trading signals) and are billed periodically (for example, every month), you may cancel the service anytime free of charge. You are responsible of cancelling your automatic rebill yourself and should notify TulipFX when doing so to prevent any sudden loss of service. If you own a “lifetime” license you are entitled to use the system or service as long as it’s offered. Morover, a “lifetime” license entitles you to free updates and/or upgrades of the system or service, as long as the system or service is being offered by TulipFX.
Restrictions and Prohibitions on Use
(i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States and/or Curacao, Netherlands Antilles.
IF AT ANY TIME YOU COPY, PRINT, REPUBLISH, FORWARD, DISPLAY, DISTRIBUTE, TRANSMIT, SELL, RENT, LEASE, LOAN OR OTHERWISE MAKE AVAILABLE IN ANY FORM ANY INFORMATION OR FILES FROM TULIPFX (OR ANY OTHER INFORMATION WE PROVIDE TO OUR USERS) TO ANYONE OTHER THAN THE INDIVIDUAL PURCHASED THE PRODUCT OR SERVICE FROM TULIPFX, YOUR PRODUCT WILL BE TERMINATED IMMEDIATELY AND NO REFUNDS WILL BE GIVEN.
Forms, Agreements & Documents
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents from this site is at your own risk. Some Documents are public domain forms or available from public records.
Client records are regarded as confidential and therefore will not be divulged to any third party unless required to do so to the appropriate authorities. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. We will not sell, share, or rent your personal information to any third party at any time.
Certain sections of the Site may require you to register and/or enter a password. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that transpire under your subscription account or password. Any password given to you to obtain information or documents is not transferable or assignable. Any violation of this policy is grounds for immediate termination of your product and access to this site. Those under the age of 18 may not use or access any part of this website. TulipFX reserves the right to refuse service, access, terminate products, remove or edit content, or cancel orders in its sole discretion.
Clients have the right to terminate the TulipFX product or service and obtain a refund only if ALL of the following requirements are met:
- Client has emailed TulipFX and asked for support regarding the operation of the Expert Advisor, explaining and describing the technical issues client encountered.
- Client has granted access to his computer upon request from TulipFX support staff to assist in problem solving, proper setup of the EA and testing. TulipFX support staff will utilize Teamviewer services to access client computer or VPS in attempt to solve the technical issues of client.
- If, for whatever reason, the support team determines it indeed is not possible to run the TulipFX EA correctly and properly on the computer or VPS of client, immediate full refund will be granted and issued.
There will be no refunds issued after 30 calendar days from your purchase date.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of the Seller.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.
The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time. This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Visitor agrees that in the event he causes damage, which the Website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
Disclaimer for Contents of Site
The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.
Disclaimer for Harm Caused From Interacting With This Website
VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.
Disclaimer for Harm Caused By Downloads
Visitor downloads information from this site at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. We strongly suggest that you maintain an up to date anti-virus solution on your computer at all times.
Links to This Website
You may not create a link to any page of this website, including, but not limited to our free and/or paid areas, without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from This Website
We do not monitor or review the content of third party websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the content, terms and conditions, privacy practices, or other operations of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of Curacao, Netherlands Antilles govern these terms and conditions. By accessing this website (and using our services or buying our products) you consent to these terms and conditions and to the exclusive jurisdiction of the Curacao courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.