RivaFx

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RivaFx Terms of Use

TERMS OF USE 

Updated July 11, 2022

RivaFx, LLC (“RivaFx”) provides you (“you” or the “User”) with a limited license to use the services (the “Services”) offered by the RivaFx and on this Website and related services subject to the terms and conditions contained herein (the “Agreement”).

This Agreement is a legally binding contract, and you must read this Agreement before using this Website or any Services. By using the Services, you are agreeing to the terms and conditions contained within this Agreement.

RivaFx reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion. If the RivaFx replaces, modifies, or amends this Agreement, your continued use of the Services after a change in the Effective Date of said changes will constitute your agreement to any replacement, modification, or amendment to this Agreement.

User Representations

By using the Services, you represent that you are at least Eighteen (18) years old and have basic knowledge of financial markets, foreign exchange, and trading, including trading tools, and that you have the capacity and authority to agree to and abide by the terms and conditions in this Agreement. 

You represent that your use of the Services does not violate any law, regulation, ordinance, statute, or treaty that applies to individuals or business entities located in the jurisdiction in which you live or the citizenship you hold. You further represent that you are not prohibited from entering into this Agreement by the terms of any pre-existing agreement.

 

You represent that you have or have chosen not to seek independent legal, financial, and tax advice before using the Services and that you have read and understood the risk disclaimer on the Website.

Limited License

RivaFx provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty-free license to use the Services for their customary and intended purposes. You are expressly prohibited from scraping, framing, hacking, reverse engineering, crawling, or aggregating the Services, the RivaFx Website, whether in whole or in part, without the prior written consent of the RivaFx.

You acknowledge and agree that your limited use of the Services does not entitle you to any license or intellectual property rights to any technology, intellectual property, copyrights, trademarks, or trade secrets of the RivaFx or any third-party contractor thereof. You acknowledge and agree that your use of the Services is limited by the terms of this Agreement, and you expressly agree that you will not use the Services in any manner that is not expressly authorized under the terms of this Agreement. RivaFx reserves all of its rights not expressly granted through this Agreement.

 

This license is revocable at any time, and any rights not expressly granted in this Agreement are reserved for the RivaFx.

Prohibited Uses

You are expressly prohibited from using the Services to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international, or to violate the rights of a third party, including, but not limited to intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights.

Additionally, you are expressly prohibited from scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service (DOS) attacks on, reverse engineering, or circumventing technological protection measures of the Services or the RivaFx website.

You are also prohibited from using the Services or the RivaFx website to transmit unsolicited commercial emails to third parties or Users of the RivaFx. While RivaFx is not responsible for any such content posted by its Users and does not have the affirmative obligations to monitor such content, it does reserve the right to remove them.

  • Exploiting errors or latency in the pricing and/or platform(s) provided by the broker providing such data and simulated execution services (“Broker”).
  • Utilizing non-public and/or insider information
  • Front-running of trades placed elsewhere
  • Trading in any way that jeopardizes the relationship Prop Account has with a broker or may result in the canceling of trades
  • Trading or activities that in any way create any regulatory issues for RviaFx or the Broker.

 

If the RivaFx detects that your trading constitutes Prohibited Uses, your participation in the program will be terminated and may include forfeiture of any fees paid to the RivaFx. Additionally, and before any User shall receive a funded account, the trading activity of the User under these terms and conditions shall be reviewed by both the RivaFx and the Broker to determine whether such trading activity constitutes Prohibited Trading. In the case of Prohibited Trading, the User shall not receive a funded account.

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Although RivaFx may provide data, information, and content relating to investment approaches and opportunities to make trades, such data, information and content are provided solely for general informational and educational purposes. RivaFx does not invite the User to take any action based upon any of the information and materials provided by RivaFx; you should not construe any such data, information, or content as investment, financial, tax, legal, or other kinds of advice.

RivaFx further does not make any representations that any data, information, and content on the RivaFx website are accurate or complete. You alone will bear the sole responsibility of evaluating the merits and risks associated with using any such data, information, and content. As such, you agree not to hold RivaFx liable for any possible claims of damages that may arise from any decision that you make based upon the use of data, information, and content on the RivaFx website.

While the RivaFx does not provide you with the opportunity to invest in actual currency, the RivaFx wants to make sure you understand the risks involved with traditional investing. You should be aware that the risk of trading and investing is high and substantial. It can work for you as well as against you. It may or may not lead to substantial losses. Additionally, past performance is not indicative of future results.

As such, you should carefully consider whether trading and investing are right for you depending on your investment objectives, level of experience, and risk appetite. If you are unsure, you should consult with a financial advisor and/or tax advisor.

Account Creation

To register as a User, you may be asked to provide personal information, including, but not limited to your name, email address, mailing address, phone number, date of birth, and a username and password for an account that is unique to you. The information provided is subject to RivaFx’s privacy policy accessible //Link to privacy policy//

 

The account will be personal to You, and You cannot share it with or assign it to anybody else. You will be responsible for maintaining the confidentiality of your username and password. If you suspect that your account has been breached, you must immediately notify RivaFx at support@rivafx.com.

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Purchases and Refunds

RivaFx may provide products, services, subscriptions, or access to certain portions of RivaFx’s website at a monetary cost. Prices and availability are subject to change without notice. RivaFx may allow for such purchases within its website or via an affiliate. It is your responsibility to thoroughly read and understand any such terms and conditions. By making any such purchases, you agree that RivaFx has no responsibility and acquires no liability for any claim related to your purchases.

Upon the complete purchase of a product, service, subscription, or access to certain portions of the RivaFx website, the RivaFx will make any said product, service, or access will be available to you following the approved transaction.

 

There are no refunds on any Services purchased from the RivaFx unless otherwise expressly detailed by RivaFx and at the sole discretion of RivaFx.

 

Changes to the Services

 

Prices and Services are subject to change without notice at RivaFx’s sole discretion.

Guidelines

RivaFx will display the guidelines associated with the Services on RivaFx’s website and via email, upon becoming a User. These guidelines, which may change from time to time at RivaFx’s sole discretion, are incorporated in whole into this Agreement. RivaFx makes absolutely no promise, guarantee, or warranty, express or implied, as to any promise to future employment as a trader, monetary payments, or any other type or kind of compensation or award for your performance as a User.

 

External Links

 

Third-party materials and information may be included in certain content, products, and services offered via our Service. Third-party links on our site may take you to websites that are not associated with us. We are not responsible for reviewing or assessing the content or accuracy, and we make no warranty and accept no liability or obligation for any third-party materials or websites, or for any other materials, products, or services provided by third parties. We are not responsible for any risk or damages resulting from the purchase or use of goods, services, resources, materials, or other transactions conducted in connection with any third-party websites.

Trademarks

You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on the RivaFx website by the RivaFx, are common law or registered trademarks owned by or licensed to the RivaFx. You are expressly prohibited from using the trademarks of the RivaFx to cause confusion, cause mistakes, deceive consumers, or falsely designate the origin of, source of, or sponsorship of your goods or services. You are further prohibited from using the trademarks of the RivaFx in domain names, keyword advertisements, trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.

 

You acknowledge and agree that RivaFx’s website, its suppliers, and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, and other materials, which appear on RivaFx’s website. Access to this website does not confer and shall not be considered as conferring upon anyone any license under any of the RivaFx’s or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of RivaFx. You cannot modify, distribute or re-post anything on this website for any purpose.

 

RivaFx names and logos and all related products and services and our slogans are the trademarks or service marks of the RivaFx or licensed to the RivaFx. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on the RivaFx Website. Access to the RivaFx website does not authorize anyone to use any name, logo, or mark in any manner.

 

All materials, including images, text, illustrations, designs, icons, photographs, programs, audio clips or downloads, video clips, and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. No right, title, or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, the RivaFx website or any related software. All software used on the RivaFx website is the property of the RivaFx or its suppliers and protected by the laws of The United States of America. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on the RivaFx website, is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled, or licensed by the RivaFx, one of its affiliates, or by third parties who have licensed their materials to us and are protected by the laws of The United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the RivaFx website is the exclusive property of the RivaFx and is also protected by the laws of The United States of America.

 

Disclosure Statement

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You acknowledge and agree that the information provided on this website is for general and educational purposes only. None of the information provided by RivaFx and herein should in any way be construed as investment advice or an offer, recommendation, solicitation, or endorsement of any security, commodity, or entity.  

 

Using this website and information provided by RivaFx is at your own risk and we strongly recommend seeking independent legal, tax, and investment advice from qualified professionals before using this website or related links. RivaFx may provide links to other websites, including to proprietary trading firms, which must be vetted independently by you. Such links are not endorsements of any information, services, or companies to which the links are connected. RivaFx assumes no responsibility or liability for any use or misuse of its website or information or links. RivaFx does not provide any brokerage or investment services under any jurisdiction, including but not limited to, any securities or commodities acts in the United States, U.K., E.U., and any other country. You must not use this website, associated software, and links if prohibited where you live or based on your citizenship or residency.

 

Actual trading may be highly risky and speculative and result in the full loss of one’s investment and additional costs. RivaFx’s website does not provide any trading services. Additionally, any fees paid to learn or use simulated software and market data is a cost that you should be able to afford without affecting your lifestyle and financial well-being. 

 

There is considerable exposure to risk in any over-the-counter transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection, and market volatility that may substantially affect the price of the products you are trading.

Moreover, the leveraged nature of over-the-counter trading means that any market movement will have an equally proportional effect on your funds. This may work against you as well as for you.

Although RivaFx does not provide live trading of financial instruments, simulated trading still involves hypothetical performance risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connection. RivaFx is not responsible for communication failures or delays when trading via the Internet. You also acknowledge that all references to trader, trading and related terms on the website and in the programs relate only to simulated trading.

 

CFTC Rule 4.41 – SIMULATED OR HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR TRADING PROGRAM DESPITE TRADING LOSSES ARE MATERIAL POINTS THAT CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CAN NOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.

 

Term and Termination

The terms of this Agreement will begin when you purchase a Service offered via the RivaFx and will continue until either the RivaFx terminates your access to the Services or you stop using the Services.

RivaFx reserves the right to terminate the Services or your access to the RivaFx website at its sole and absolute discretion and without prior notice.

Disclaimer of Warranties and Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND COMPANY WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT THE COMPANY WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO INFORMATION ON THE WEBSITE AND YOUR USE OF OR ACCESS TO THE SERVICE OR THE COMPANY WEBSITE, INCLUDING, BUT NOT LIMITED TO COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS’ FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES AND/OR THE COMPANY WEBSITE IS AT YOUR SOLE RISK AND THAT THE COMPANY’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SERVICES OR $1,000, WHICHEVER IS LESS.

 

Indemnification

You agree to indemnify, defend, and hold harmless RivaFx, its officers, shareholders, directors, employees, subsidiaries, affiliates, white label users, and representatives from any and all losses, including, but not limited to costs and attorney’s fees arising out of or related to your use of the Website; your violation of any term or condition of this Agreement; your violation of the rights of third parties, including but not limited to intellectual property rights or other personal or proprietary rights; and violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.

Your obligation to defend RivaFx will not provide you with the ability to control RivaFx’s defense, and RivaFx reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.

Arbitration

You acknowledge and agree that any controversy or claim arising out of or related to this Agreement, including any claim or controversy concerning the interpretation of this Agreement or your use of this Services, will be settled by arbitration according to the most recently effective commercial arbitration rules of the American Arbitration Association (AAA). This arbitration proceeding will be decided by a single arbitrator randomly selected from a list of neutral arbitrators maintained by the AAA. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will be provided with the right to award costs and attorney’s fees to the prevailing party. This arbitration will be held in Florida and both the RivaFx and User agree that they will be required to be present in Florida for arbitration under the terms of this Agreement and hereby submit to exclusive personal jurisdiction in Florida. The arbitrator will apply the laws of Florida in deciding any controversy or claim under this Agreement.

Force Majeure

RivaFx shall not be liable to User for any claims, losses, damages, costs, or expenses, including attorneys’ fees, caused, directly or indirectly, by any events, actions, or omissions, including, without limitation, claims, losses, damages, costs or expenses, including attorneys’ fees, resulting from civil unrest, war, insurrection, international intervention, governmental action (including, without limitation, exchange controls, forfeitures, nationalizations, devaluations), natural disasters, acts of God, market conditions, inability to communicate with any relevant person or any delay, disruption, failure or malfunction of any transmission or communication system or computer facility, whether belonging to the RivaFx, User, or third-party service provider.

Survivability

The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Services, including, but not limited to your duty to indemnify and defend the RivaFx.

Severability

If any term or condition of this Agreement is deemed invalid or unenforceable by the court of competent jurisdiction, the remaining terms and conditions of this Agreement will remain in full force and effect.

Interpretation

This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.

Assignment

You are expressly prohibited from assigning your rights and duties under this Agreement. RivaFx reserves the right to assign its rights and duties under this Agreement, including in a sale of the RivaFx or its Services.

Waiver

No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is in writing and signed by the party to be charged.

Entire Agreement

This Agreement contains the entire agreement between RivaFx and the User regarding the use of the Services and supersedes all prior understandings, agreements, or representations between RivaFx and User, whether written or oral.