Terms and Conditions
Welcome to NiclaxFX!
These terms and conditions outline the rules and regulations for the use of Niclax LLC's Website, located at https://www.niclaxfx.com, through our website Niclaxfx.com ("Website"), we offer [Product/Service name(s)] (collectively, “Products and Services”), and from time to time may offer other products or services, for sale. Company offers Products and Services for sale subject to these Terms and Conditions of Use (the "Terms"), which may be updated by us from time to time.
By accessing this website we assume you accept these terms and conditions. Do not continue to use NiclaxFX if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Georgia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
These Terms remain in force and effect as long as you are a user of the Website and/or a registered user. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability. You should periodically review these Terms. Company reserves the right, at any time, to change the Terms by publishing revised terms on the Website. Any use of the Website and/or our Products and Services by you after our publication of any such changes shall constitute your acceptance of these Terms, as modified, with regard to any additional use of the Website or additional purchase of Products and Services. You agree that Company is permitted to access and use any other information provided by you to provide Products and Services and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Products and Services we provided to you.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR 16YEARS WITH RESPECT TO ADULT AGE RECOGNITION) AND THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
Website Access & Data Restrictions
NiclaxFX grants you a limited, revocable, nonexclusive, non-transferable license to access our Website and use our Products and Services for your own personal use only. You may not download or modify any portion of the Website except as expressly permitted by Company. No Materials (as defined hereinbelow) from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express, written permission. Violation of these Terms results in the automatic termination, without notice, of your license to access the Website and also may constitute the infringement of Company's copyright, trademark and/or other rights. You agree not to access or try to access any computer system of Company, its programs or its data that are not made available for public use. Except as expressly stated herein, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, trademark, copyright, or proprietary right of Company or any third party, in connection with your use of the Website and any Materials provided by Company or any third party on the Website. Elements of the Website, including custom graphics, images, logos, page headers, sounds, button icons, and the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements) are protected by copyright, trade dress and other state and federal laws and may not be copied or imitated, in whole or in part.
You agree that you will not do any of the following:
a. Use any data mining, robots, spiders, or similar data-gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
b. Circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any Materials.
c. Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Materials, in whole or in part, without our written permission, other than as expressly allowed by us.
d. Transmit any software or other materials containing viruses, worms, Trojan horses, defects, date bombs, time bombs or other destructive or harmful items.
e. Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or attempt to derive any source code or underlying ideas or algorithms on the Website.
f. Do anything that imposes or may impose, in our sole judgment, an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
g. "Frame" or "mirror" the Website or any part.
h. Use the Website or any Materials for any unlawful purpose.
i. Spam or flood.
j. Resell or make commercial use of the Website or Materials; or (b) make any derivative use of the Website or Materials.
The following organizations may link to our Website without prior written approval:
1. Government agencies;
2. Search engines;
3. News organizations;
4. Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
5. System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
1. dot.com community sites;
2. associations or other groups representing charities;
3. online directory distributors;
4. internet portals;
5. accounting, law and consulting firms; and
6. educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Niclax LLC; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Niclax LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
1. By use of our corporate name; or
2. By use of the uniform resource locator being linked to; or
3. By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Niclax LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.
Purchasing Items Featured on our Website
Company takes reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering Products or Services featured on the Website, please note that the Company does not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a Product or Service described on the Website is not as described when you receive or use it, you should contact our customer service department at [email protected]
Pricing Errors And Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Website and if errors are discovered, we correct them. Be advised that the Company reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Company owns and operates this Website. Company or third parties own all right, title and interest in and to the materials provided on this Website , including but not limited to the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements), information, documents, logos, graphics, sounds, page headers, button icons, service marks, trademarks, trade dress, and images (collectively, the "Materials"). Except as otherwise expressly provided by us, you may not copy, republish, reproduce, upload, download, display, post, distribute, or transmit the Materials in any way. Nothing on this Website confers any license, express or implied, of Company’s intellectual property rights. Any rights not expressly granted to you by these Terms are reserved by us.
All Website design, text, graphics, and the selection and arrangement thereof, are owned by Company. Copyright © 2020, NICLAX LLC. ALL RIGHTS RESERVED.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Enforcement of Rules and Policies
We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. While we are not obligated to take any action, such action may include, but is not limited to, issuing warnings or suspension or termination of your rights to use our Website. You agree that Company shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination. We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.
In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information (including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.
You are solely responsible for the content that you submit on or through the Website, and any content or information that you transmit to other users or third party advertisers on the Website.
The Terms and the relationship between you and Company shall be governed by the laws of the Democratic Republic of Georgia.
Compliance With Law
You agree to comply with all applicable federal, state and local laws, regulations, rules and ordinances regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Electronic Signatures and Agreement
You acknowledge and agree that by clicking on the button labeled "SUBMIT", "DOWNLOAD", "I ACCEPT" or such similar links as may be designated by the Company to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National
You agree to defend, indemnify and hold Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Website or our Products and Services, your violation of the Terms, or your breach of any of your acknowledgements, agreements, representations, warranties and obligations herein.
YOU ACKNOWLEDGE THAT COMPANY HAS SET ITS PRICES AND HAS PROVIDED ACCESS TO THE WEBSITE IN RELIANCE ON THESE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS, AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH COMPANY PROVIDES ITS WEBSITE AND OFFERS ITS PRODUCTS AND SERVICES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DAMAGES AND THE INDEMNITY IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Links to Third Party Sites
The Website may link to other websites that are independent of Company. These links are provided only as a convenience. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such site. You visit any such website at your own risk. You agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with such third party website(s).
Modification or Suspension of the Website
You agree that Company, in its sole discretion, may make, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that we will not be liable for the consequences of doing so.
If you encounter a technical problem printing or accessing your completed application, or some other problem, our customer service representatives may be able to help.
If you ask a customer service representative to remotely control your computer in order to try to resolve your problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
1. limit or exclude our or your liability for death or personal injury;
2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
4. exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
The company and its owners, principals, representatives and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, products, services, or materials on the website. While the company strives to keep the information on the website and on the featured products and services accurate, complete, and up-to-date, we cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website and in products and services featured on the website.
Your use of the website is subject to any additional disclaimers and caveats that may appear throughout the website and with products and services featured by us.
Trading involves the possibility of financial loss. Only trade with money that you are prepared to lose, you must recognise that for factors outside your control you may lose all of the money in your trading account. Many forex brokers also hold you liable for losses that exceed your trading capital. So you may stand to lose more money than is in your account. Niclaxfx.com takes no responsibility for loss incurred as a result of our trading signals. By signing up as a member you acknowledge that we are not providing financial advice and that you are making a the decision to copy our trades on your own account. We have no knowledge on the level of money you are trading with or the level of risk you are taking with each trade. You must make your own financial decisions, we take no responsibility for money made or lost as a result of our signals or advice on forex related products on this website.
Disclaimer of Warranties With Respect to Use of Website and Products and Services
The website and all products and services featured on it are provided on an "as is" and "as available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, the company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
While the company uses reasonable efforts to include accurate and up to date information on the website, the company does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the website or the products and services featured thereon, or as to the accuracy, quality, or reliability of any information obtained through the website.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from the company or through the website shall create any warranty not expressly made herein.
These Terms constitute the entire agreement between you and Company. They govern your use of the Website and Materials and supersede any prior agreements between you and us. Company’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. Company’s employees are not authorized to modify the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in writing signed by an authorized Company officer. If any provision of these Terms is found to be invalid, you agree that the other provisions of the Terms remain in full force and effect.
You warrant, represent and agree that, by using the Website and/or the Products or Services, you (i) have carefully read and considered these Terms and fully understand its contents, (ii) are consenting to these Terms of your own free will, based upon your own judgment and without any coercion or fear of retaliation, and (iii) you have had a chance to consult independent legal counsel with respect to these Terms.
In the event that you breach these Terms, Company will, in addition to all other available remedies, be entitled to the equitable remedies of a temporary restraining order, preliminary and/or permanent injunction.