Use of the MySimpleForex.com
website system constitutes full agreement to all of the policies, procedures,
terms and conditions found below:
Overview:
The MySimpleForex.com
website system had been developed for independent marketers exclusively to
promote the products and Services associated with FreedomRocks.
Subscription:
If you want to use the
MySimpleForex system you must agree to abide by this entire "Terms of Service
Agreement." In consideration of your compliance with the terms and conditions
of this Agreement, MySimpleForex.com agrees to provide the Service to You. Use
of the Service constitutes your agreement with the terms and conditions of
this Agreement.
Relationship of
Parties:
This agreement in no way
creates any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between you and MySimpleForex.com
Both you and MySimpleForex.com are Independent Contractors.
Limited License:
MySimpleForex.com grants
to you a personal, non-sub-licensable, non-exclusive license to participate in
the Service. As part of the Service, You will have access to information,
communications, software, photos, text, video, graphics, music, sounds, images
and other material and services posted onto the Service by MySimpleForex.com
All other use of the Content, including but not limited to, modification,
publication, transmission, participation in the transfer or sale of,
reproduction, creation of derivative works from, distribution, performance,
display, incorporation into another Web site, mirroring the Service, or in any
other way exploiting any of the Content, in whole or in part, is prohibited
without first obtaining MySimpleForex.com's written consent.
The Service:
All services provided by
MySimpleForex.com may be used for lawful purposes only. Transmission or
storage of any information, data or material in violation of any United States
Federal, State or City law is prohibited. This includes, but is not limited
to: copyrighted material, material legally judged to be threatening or
obscene, or material protected by trade secret and other statue.
MySimpleForex.com reserves the right, at its discretion, to change, modify,
add or remove portions of this Agreement at any time. Notification of the
changes in the Service or this Agreement will be posted on the Web, or sent
via e-mail, or postal mail.
MySimpleForex.com may change, suspend or discontinue any aspect of the Service
at any time, including the availability of any Service feature, database or
content. MySimpleForex.com may also impose limits on certain features and
services or restrict Your access to parts or all of the Service without notice
or liability.
MySimpleForex.com is not
responsible for guaranteeing the delivery of emails sent through the system.
MySimpleForex.com will not be responsible for any delays, blocks, or filters
associated with email delivery.
If these operating guidelines or any future changes are not acceptable to you
or cause you no longer to be in compliance with this agreement, you may cancel
Your Service by submitting a request through the support system.
Your continued use of the
Service now, or following the posting of notice of any changes in these
operating rules, will constitute a binding acceptance by you of such rules,
changes or modifications.
Your right to use the Service is subject to any limits established by
MySimpleForex.com in its sole discretion.
Registration for Service, Password and Security:
To become a
Subscriber so you can use the service, you must register by providing us with
current, complete and accurate information as prompted by the Signup Form.
You shall provide MySimpleForex.com with accurate, complete and updated
registration information. You shall not knowingly provide inaccurate
information with the intent to create a false identity.
You also agree not to provide false or misleading information in the
administrative panel of the software or your web site. This includes, but is
not limited to providing false e-mail address in FROM: field on outgoing
emails.
You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and
all activities that occur under your account. You agree not to provide false
or misleading information on the Service sign up form. This includes, but is
not limited to providing false name or e-mail address.
You agree to notify MySimpleForex.com immediately of any unauthorized use of
your account or any other breach of security. You agree that MySimpleForex.com
is the neutral host of the Service and has no responsibility or liability in
relation to the business opportunities that You represent as part of Your use
of the Service.
You agree to indemnify, defend, and hold MySimpleForex.com and its affiliates,
officers, directors, employees and agents (collectively, "MySimpleForex.com")
from and against any and all liability, claims, losses, damages, injuries or
expenses (including attorneys' fees) directly or indirectly arising from or
relating to Your use of the Service and any dispute relating thereto.
You agree that MySimpleForex.com may rely on any data, notice, instruction or
request furnished to MySimpleForex.com by You, which is reasonably believed by
MySimpleForex.com to be genuine and to have been sent or presented by a person
reasonably believed by MySimpleForex.com to be authorized to act on Your
behalf.
You shall notify MySimpleForex.com by submitting a support ticket from the
members area or sending an email to support@MySimpleForex.com if any known or
suspected unauthorized uses of Your account occur, or any known or suspected
breach of security occur, including loss, theft or unauthorized disclosure of
Your password. You shall be responsible for maintaining the confidentiality of
Your password and you are responsible for all usage and activity on Your
account, including use of the account by a third party authorized by You to
use Your account.
Any fraudulent, abusive or otherwise illegal activity may be grounds for
termination by MySimpleForex.com and referral to the appropriate law
enforcement agencies.
You acknowledge and agree that You will promptly notify MySimpleForex.com if
you are aware of any person who, in your good faith opinion, is or is
intending to take unfair advantage of the Service provided by
MySimpleForex.com.
MySimpleForex.com reserves the right to send e-mail to You for the purposes of
informing you of any changes or additions to the Service.
Subscriber Privacy:
It is MySimpleForex.com's policy to respect the privacy of its subscribers. MySimpleForex.com will not monitor, edit, or disclose any personal information about you or your account, including its contents, without your prior permission unless MySimpleForex.com has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MySimpleForex.com; (3) enforce this Service Agreement or protect MySimpleForex.com's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by MySimpleForex.com; (4) respond to request for identification in connection with claim of copyright or trademark infringement by you or a claim by a third party that you are using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of its Affiliates or others.
MySimpleForex.com's
Service transmits your name and/or email address with each message that you
send. For more information, see our PRIVACY POLICY. You agree that
MySimpleForex.com, and its affiliated contractors, may access your account,
including its contents, as stated above or to respond to service or technical
issues.
Subscriber Conduct:
MySimpleForex.com retains
the right, at its sole discretion, to determine whether or not a Subscriber's
conduct is consistent with the letter and spirit of the Terms of Service
Agreement or Conditions or Policies and Procedures of MySimpleForex.com and
may terminate Service if a Subscriber's conduct is found to be inconsistent
with said Terms of Service Agreement and/or Conditions and/or Policies and
Procedures.
Spam:
Spam is expressly
forbidden and includes using any reference to your MySimpleForex website in an
unsolicited email as well as all other accepted definitions of Spam. Only
prospects who have given you permission personally may be entered into the
autoresponder to receive the follow-up messages. No importing of leads is
permitted without some previous relationship with each prospect and a definite
request for information regarding the FreedomRocks system and business
opportunity from each lead entered.
Email:
You agree to receive e-mail messages from MySimpleForex.com. These include, but are not limited to service updates, and notifications of any changes that may affect your use of the MySimpleForex system. We will not send any emails or notices that in any way promote products or additional services outside of our system.
Payments:
MySimpleForex.com also reserves the right at any time to change fees for access to the Service or the Service as a whole. In the event that MySimpleForex.com so elects, it shall post a notice in the members area of MySimpleForex.com's Web site, send a notification by email and post notification on the support forum at least 30 days before said change shall take place.
If you order the MySimpleForex.com, or purchase any other type of account or additional fee-based service from MySimpleForex.com, You authorize MySimpleForex.com to utilize its merchant account provider to charge your account provided during the purchase/enrollment process. You authorize MySimpleForex.com to charge your account a monthly subscription fee until you request cancellation by email, phone, fax or mail and receive a confirmation of that request from MySimpleForex.com.
It is your responsibility to keep your payment information accurate and current with MySimpleForex.com. If a monthly payment cannot be processed, You will be notified and given a minimum of 6 business days notice to rectify the situation and make the payment. Failure to rectify the situation within 6 business days will lead to a deactivation of your account until you make satisfactory arrangements. If arrangements are not made within 30 days, your account will be deleted along with all contacts and leads in your database.
Refunds:
MySimpleForex.com will
issue a full refund of first month's payment if notice of cancellation is
given within 7 days of initial payment and refund is requested and request
is confirmed within that first 7 days. After 7 days, no refunds will be
given unless it can be verified that a cancellation request was received and
confirmed by MySimpleForex at least 2 business days before the last charge was
made.
Submitting/Importing Information:
You represent to
MySimpleForex.com that any and all email addresses you upload into the system
are from individuals who have personally given you permission and have
specifically requested information regarding the FreedomRocks
product or opportunity.
By submitting Content or Images to any "Public Area" (e.g. bulletin boards,
auto responder, etc.) You automatically grant to MySimpleForex.com a
royalty-free, non-exclusive right and license to display such Content or
Images worldwide on your replicating site or respective forum where you
submitted such Content or Images.
By submitting leads into the MySimpleForex.com, you acknowledge and agree that MySimpleForex.com will have access to and manage the database where these leads are stored. MySimpleForex.com recognizes that these leads as well as your personal contact information belongs to you and may not be shared with any other entity for any consideration without your express written permission. MySimpleForex.com may NOT sell, delete, modify, edit or remove said leads from the MySimpleForex.com as long as you maintain your subscription. You acknowledge and agree that MySimpleForex.com will provide access for you to export all of your leads and personal contacts and that it is your responsibility to do so BEFORE canceling your account. MySimpleForex.com will DELETE all your leads and personal contact information upon cancellation of your account and promises to NEVER sell or share this information to any entity for any consideration.
Although MySimpleForex.com
provides some encryption to protect certain personal information which is
transmitted, You understand that Your uploads and transmissions may be
intercepted and used, and that all the risk associated therewith is solely
Yours. You shall not upload to, or distribute or otherwise publish through the
Service any Content, which is libelous, defamatory, obscene, pornographic,
abusive, or otherwise violates any law. As MySimpleForex.com does not and
cannot review every message posted or emailed by You, You shall remain solely
responsible for the content of Your messages.
MySimpleForex.com reserves the right to disclose information about sales and
usage generated by the Service in forms that do not reveal Your personal
identity.
Handling Orphan Prospects:
MySimpleForex.com's company policy is that anyone who contacts our offices requesting information on signing up are told to go to the person or site where they were first introduced to FreedomRocks.
Idea Submissions:
MySimpleForex.com welcomes
specific comments regarding the Service. If You send us creative suggestions,
ideas, notes, drawings, concepts or other information (collectively
"Information"), the Information shall be deemed, and shall remain, the
property of MySimpleForex.com None of the Information shall be subject to any
obligation of confidentiality on the part of MySimpleForex.com and
MySimpleForex.com shall not be liable or owe any compensation for any use or
disclosure of the Information.
Proprietary Information:
You acknowledge that, in
the course of using the Service you will obtain information relating to the
Service and/or to MySimpleForex.com ("Proprietary Information"). Such
Proprietary Information shall belong solely to MySimpleForex.com and includes,
but is not limited to, the features and mode of operation of the Service.
In regard to this Proprietary Information You agree not to use (except as
expressly authorized by this Agreement) or disclose Proprietary Information
without the prior written consent of MySimpleForex.com, or unless such
Proprietary Information becomes part of the public domain without breach of
this Agreement by You.
Cancellation:
You may cancel service at any time by submitting a request on the help ticket system from the member's area. Upon termination, Your access to the Service will remain active until 30 days after your last payment. You are responsible for all actions and charges incurred up to the time that the account is deactivated. Affiliate site name and password must be included in the cancellation request. Cancellation will take effect only when MySimpleForex.com confirms the receipt of the cancellation request.
Once your cancellation request has been received and confirmed by MySimpleForex.com, your account (and all future charges) will be canceled within TWO business days. No refunds or partial refunds will be provided unless it can be verified that cancellation had been requested and confirmed by MySimpleForex at least two business days before the last billing or that you account had been active for less than SEVEN days..
You agree that MySimpleForex.com has the right to delete all data, files, leads or other information that is stored in the Affiliate's account if either MySimpleForex.com or the subscriber terminates the subscriber's account with the company for any reason. It is your responsibility to export this information before you request cancellation and it will be assumed that this has been done.
Non Affiliation with FreedomRocks
It is your responsibility to cancel your account and provide direct notification via the website or via email to MySimpleForex.com Cancellation of your FreedomRocks account will NOT automatically cancel your agreement with MySimpleForex.com and cancellation of your MySimpleForex website account will NOT affect your FreedomRocks account in any way. Both must be handled separately as MySimpleForex.com is not affiliated with FreedomRocks and does not have access to their database.
Termination:
MySimpleForex.com may, in
its sole discretion, terminate or suspend Your access to all or part of the
Service for any reason, including without limitation, breach of this
Agreement, or assignment of this Agreement by You.
Upon termination, You shall no longer be entitled to use the Service and the
licenses granted hereunder shall terminate and You shall immediately return or
destroy all Proprietary Information, but the terms of this Agreement will
otherwise remain in effect. Disclaimer of Warranties, Limitation of
Liabilities, and Indemnification MySimpleForex.com does NOT warrant that the
MySimpleForex.com web sites and related web sites and/or services will be
error free or uninterrupted and we will not be liable for the consequences of
any interruptions or errors.
The MySimpleForex.com web site and Service is distributed on an "as is" basis
without warranties of any kind, either expressed or implied. MySimpleForex.com
will not be responsible for ANY losses, damages or costs that you and/or your
business may suffer when using the MySimpleForex.com web sites and related web
sites and/or services. You expressly agree to indemnify and hold harmless
MySimpleForex.com from ANY claims resulting from your use of the
MySimpleForex.com websites and related web sites and/or services. You
expressly agree that use of the MySimpleForex.com websites and related web
sites and/or services is at your sole risk and you understand such risks are
an inherent part of business.
You expressly agree that neither MySimpleForex.com nor its service providers,
affiliates, licensors, employees and/or contractors shall have ANY liability
for ANY damages suffered by you, your business or ANY other 3rd party as a
result of the use or misuse of the websites and related web sites and/or
services.
Responsibility of Content:
MySimpleForex.com makes no
representations whatsoever about any other website which you may access
through the Service. When you access a non-MySimpleForex.com web site, please
understand that it is independent from MySimpleForex.com, and that
MySimpleForex.com has no control over the content on that website.
In addition, a link to a non-MySimpleForex.com website does not mean that
MySimpleForex.com endorses or accepts any responsibility for the content or
the use of such website.
Modification:
We may modify any of the
terms and conditions contained in this Agreement, at ANY time and in our sole
discretion, by posting a change notice or a new agreement on our site. If any
modification is unacceptable to you, or If you are dissatisfied with the
Service or with any terms, conditions, rules, policies, guidelines, or
practices of MySimpleForex.com in operating the Service, your only recourse is
to terminate this agreement by canceling your service. Your continued
participation in the program following our posting of a change notice or a new
agreement on our site will constitute binding acceptance of the change.
Force Majeure:
Neither party shall be
liable hereunder by reason of any failure or delay in the performance of its
obligations hereunder on account of strikes, shortages, riots, insurrection,
fires, flood, storm, explosions, acts of God, war, governmental action labor
conditions, earthquakes or any other cause which is beyond the reasonable
control of such party.
Miscellaneous:
This Agreement will be
governed by the laws of the United States and the State of Delaware, without
reference to rules governing choice of laws. You may not assign this
Agreement, by operation of law or otherwise, without our prior written
consent. Subject to that restriction, this Agreement will be binding on, inure
to the benefit of, and be enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this Agreement.
MySimpleForex.com Copyrights:
Any and all content on the
MySimpleForex.com site and related sites, including but not limited to text,
graphics, logos, picture images, audio files, video files, multi-media, music,
sound, intellectual property and software is the property of MySimpleForex.com
and is protected by U.S. and international copyright and trademark laws. No
part of the web site or related web sites may be reproduced or transmitted in
any form or by any means without written permission from MySimpleForex.com.
MySimpleForex.com's copyright notice (Copyright © 2005 by MySimpleForex.com.
All Rights Reserved) appears to remind you that everything on the
MySimpleForex.com sites and site is owned by MySimpleForex.com and protected
by copyright as a collective work or compilation (or both) with the exception
of works identified by someone else's copyright notice.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITIES, INDEMNIFICATION:
MySimpleForex.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. MySimpleForex.com also disclaims any warranty of merchantability or fitness for a particular purpose. MySimpleForex.com will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by MySimpleForex.com’s negligence or the subscriber's errors or omissions. Use of any information obtained via MySimpleForex.com is at your own risk. MySimpleForex.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Entire Agreement:
This Agreement constitutes the entire agreement between MySimpleForex.com and You pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
These Terms and Conditions
supersede all previous representations, understandings or agreements and shall
prevail notwithstanding any variance with terms and conditions of any order
submitted. Use of MySimpleForex.com's service constitutes acceptance of these
Terms and Conditions.
Enurement:
The provisions of this
agreement shall be binding on you and ensure to the benefit of the successors
and assigns of MySimpleForex.com MySimpleForex.com may assign this Agreement
at any time in its sole and absolute discretion and without your consent.
Independent Investigation:
You acknowledge that you
have read this agreement and agree to all its terms and conditions. You have
independently evaluated the desirability of participating in the program and
are not relying on any representation, guarantee, or statement other than as
set forth in this agreement.
By clicking on the "Accept" button and using the MySimpleForex.com services
you indicate your acceptance of this agreement and its terms and conditions.
If you do not agree to all of the terms and conditions of this agreement, then
you will not be able to subscribe for a web site.