OVERVIEW

 

This website is operated by FxDailyBreakout and it's owner Corria and Jovalle Dizard. Throughout the site, the terms "I", “we”, “us” and “our” refer to FxDailyBreakout and Corria or Jovalle Dizard. FxDailyBreakout offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms and Conditions are in addition to any other agreements between you and FxDailyBreakout, including any other agreements, or subscriptions that govern your use of information, content, tools, products and services available on and through the FxDailyBreakout Sites.

 1.You hereby acknowledge and agree that:

 a. Results of the recommendations, investment strategies and predictions will vary depending on a number of factors including (not limited to) execution time, speed and quality, market liquidity, commissions and other fees, and general market conditions and volatility. These recommendations, investment strategies, predictions, products or services are in no way guaranteed to be profitable or successful. You the user acknowledge that I nor FxDailyBreakout is responsible for any losses, damages or emotional trauma caused by any of the information, recommendations, investment strategies, predictions, products or services on or associated with the site (FxDailyBreakout).

 b. FxDailyBreakout does not offer individual personalized investment advice, investment supervisory or money management services. We do not monitor individual user's investment portfolio. Our site and services (paid and free) are designed solely to provide education that will help users to identify and evaluate potential trading opportunities, market analysis, and other related information. Your decision to place a trade or investment is solely based on your knowledge of the market and risk appetite, each user hereby agrees that use of FxDailyBreakout or any Service offered is not a substitute for ongoing individual personalized advice from an investment professional of the user’s choosing.

 c. each user hereby agrees that he/she/it is responsible for their own investment decisions and should independently evaluate and determine whether to act on any information provided by FxDailyBreakout, services or its Affiliate's (including without limitation, recommendations, trends or other similar information ). Each user hereby acknowledges that FxDailyBreakout nor any of it's Affiliates will advise you personally concerning a specific portfolio, security, trend, investment strategy, risk tolerance or similar matter. For these matters, you should consult a trained and licensed financial adviser (planner) so they can evaluate your current financial situation such as investment portfolio, investment experience, age, income, tax bracket, risk tolerance, investment objectives or other similar factors  (referred to herein as financial situation).

 d. FxDailyBreakout provides certain services (free and paid) (i.e.  newsletters, articles, commentaries, etc.) These sections may provide access to view positions held by FxDailyBreakout or it's Affiliates and/or recommendations made by FxDailyBreakout. Due to a number of factors, including, but not limited to, changing market conditions, News, Weather, and other similar factors, such position, or recommendation may only be valid for a specific moment in time (day, hour, minute or second of the tape). Thus, each user hereby agrees to independently evaluate and determine whether to act upon any such information. Moreover, no user or prospective user should assume that any such recommendation serves as the receipt of, or a substitute for, individual personalized advice from an investment professional of his/her/its choosing.

 e. You acknowledge that information including ( but not limited to ) news, performance data and recommendations made by FxDailyBreakout, are provided by sources believed to be reliable but that FxDailyBreakout undertakes no responsibility for inaccuracy or incompleteness of such information. FxDailyBreakout , it's services and products may contain trades, recommendations, opinions, news or information which are incomplete or dated. As markets change continuously, previously published recommendations, news information and data may not be current and should not be relied upon.

 f. FxDailyBreakout, it's services and products may contain a "model portfolio" this portfolio may have been developed based upon a specific or many specific investment strategies but not developed for any users financial situation. User's actual results may differ substantially from that of the "model portfolio" and stated investment strategies.

 g. Neither FxDailyBreakout nor any of its owners, employees, officers, directors, agents, independent contractors or affiliates are registered as an investment adviser. Rather FxDailyBreakout and its affiliates 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. Hereby, the information pertained in our site or services offered should never be taken as, or replace personalized investment advice. FxDailyBreakout only offers educational information to you the user or prospective user in the form of impersonalized investment-related information, such information is impersonal and not tailored to the investment needs of any specific person.

 IMPORTANT INFORMATION : U.S. regulatory agencies require the following disclosure: Hypothetical performance results have many inherent limitations that can result in sharp differences between hypothetical and actual results. Hypothetical performance results generally have the advantage of hindsight and do not involve the component of financial risk. Hypothetical trading records cannot account for the impact of financial risk in actual trading. There are a number of factors that cannot be accounted for in the preparation of hypothetical performances of any particular trading program, such as the trader's ability to withstand losses, or to adhere to a particular trading program in spite of such losses. Past performance, whether actual or indicated by historical tests of strategies or indicator methods, is no guarantee of future performance or success. There is a possibility that you may sustain a loss equal to or greater than your entire investment regardless of the asset class you are trading; such as, securities, equities, options, futures, or forex. Therefore, you should not invest money that you cannot afford to lose. Each asset class is expected to reflect different risk and return investment characteristics and will perform differently in any given market environment. Consult your advisor or broker before making any investment decisions.
 

Any information made available by FxDailyBreakout on this website or by any other supplemental means is not an offer to buy or sell securities, options, futures, forex, or investments of any kind. All proprietary technology owned by FxDailyBreakout shall not be modified, redistributed or used for any purpose other than that for which such technology is made available to the user. If you choose to trade your own account, in any market, based on your reliance on FxDailyBreakout indicators or strategies, you do so at your own risk. Advisory Service Disclosure: All Information provided is for educational purposes only and is based solely on our opinion(s) and experience(s). I and FxDailyBreakout is not a licensed investment advisory service, nor is it registered with any government agencies for the purpose of providing trading advice. It is not our intent, or desire, to suggest which securities, equities, options, futures, or forex an investor should buy or sell, or when to do so. Testimonial Disclosure: The testimonials provided are voluntary. We do not pay for our testimonials, nor do we verify their accuracy. The expressed opinions of those submitting their unique experiences are not necessarily indicative of future results, nor are they meant to be representative of all our clients. Your trading results may vary. Trading securities, equities, options, futures, or forex involve substantial risk and there is always the risk of loss.

 CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL, OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED WITHIN THIS SITE, SUPPORT AND TEXTS. OUR COURSE(S), PRODUCTS AND SERVICES SHOULD BE USED AS LEARNING AIDS ONLY AND SHOULD NOT BE USED TO INVEST REAL MONEY. IF YOU DECIDE TO INVEST REAL MONEY, ALL TRADING DECISIONS SHOULD BE YOUR OWN.

 *Clearly understand this: Information contained in this product are not an invitation to trade any specific investments. Trading requires risking money in pursuit of future gain. That is your decision. Do not risk any money you cannot afford to lose. This document does not take into account your own individual financial and personal circumstances. It is intended for educational purposes only and NOT as individual investment advice. Do not act on this without advice from your investment professional, who will verify what is suitable for your particular needs & circumstances. Failure to seek detailed professional personally tailored advice prior to acting could lead to you acting contrary to your own best interests & could lead to losses of capital. 

 *The purchase, sale or advice regarding a currency can only be performed by a licensed Broker/Dealer. Neither FxDailyBreakout nor any of its affiliates or associates involved in the production and maintenance of these products or this site is a registered Broker/Dealer or Investment Advisor in any State or Federally-sanctioned jurisdiction. All purchasers of products referenced at this site are encouraged to consult with a licensed representative of their choice regarding any particular trade or trading strategy. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.

 The Terms "Lifetime service" and a "lifetime membership" refers to a subscription that will last the lifetime of the service that is provided and or the lifetime of FxDailyBreakout. Therefore, there is no guarantee that any service with the description of "Lifetime membership" or "Lifetime service" or any other term that regards the lifetime subscription of a service provided by FxDailyBreakout will last any amount of time beyond the date of purchase.   

SECTION 1 - ONLINE STORE TERMS

 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

 We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. The Terms "Lifetime service" and a "lifetime membership" refers to a subscription that will last the lifetime of the service that is provided and or the lifetime of FxDailyBreakout. Therefore, there is no guarantee that any service with the description of "Lifetime membership" or "Lifetime service" or any other term that regards the lifetime subscription of a service provided by FxDailyBreakout will last any amount of time beyond the date of purchase.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The Terms "Lifetime service" and a "lifetime membership" refers to a subscription that will last the lifetime of the service that is provided and or the lifetime of FxDailyBreakout. Therefore, there is no guarantee that any service with the description of "Lifetime membership" or "Lifetime service" or any other term that regards the lifetime subscription of a service provided by FxDailyBreakout will last any amount of time beyond the date of purchase.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

The Terms "Lifetime service" and a "lifetime membership" refers to a subscription that will last the lifetime of the service that is provided and or the lifetime of FxDailyBreakout. Therefore, there is no guarantee that any service with the description of "Lifetime membership" or "Lifetime service" or any other term that regards the lifetime subscription of a service provided by FxDailyBreakout will last any amount of time beyond the date of purchase.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS

 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

 Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments, or (3) to respond to any comments.

 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

 Your submission of personal information through the website is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

 Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 SECTION 12 - PROHIBITED USES

 In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You hereby acknowledge that we ( I or FxDailyBreakout ) will not accept any responsibility for your loss of investment, lost profits, lost revenue, loss of data, replacement costs, or any similar damages that occur directly from interrupted, untimely or incorrect information found on our website (FxDailyBreakout).

 We do not warrant that the results that may be obtained from the use of the service, subscription or course will be profitable, accurate or reliable.

 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 FxDailyBreakout shall have no liability to you (or anyone claiming through you) based upon our website content including ( but not limited to ) services, subscription programs, courses, products and investment strategies. Further, you agree that FxDailyBreakout and its Affiliates shall not be liable for any delay or failure in performance from the site or any service provided resulting in a loss of your investment, lost profits, lost revenue, emotional trauma and all other similar consequences of trading or investing.

 You assume complete and ultimate responsibility (and acknowledge and accept all risks) for your use of the Site (FxDailyBreakout) and/or Services and your reliance on any, recommendations, news, use of investment strategies or other information directly or indirectly provided.No opinion, advice, or statement of FxDailyBreakout or any of its Affiliates, whether made on the Site or as part of any Service or otherwise, shall create any warranty. Your use of the Site and Services and the picks, recommendations and other information and materials provided is entirely at your own risk.

 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 In no case shall I or FxDailyBreakout , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of initial investment, loss of data, replacement costs, or any similar damages, that are a result of the use of content, product, news, pick, recommendation, information or other data or service contained or referenced therein, or accessed through the Site or Service, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless FxDailyBreakout and our parent, owners, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, or other expenses that arise directly or indirectly out of or from:

 a.     Your use of the Site or any Service provided;

 b.     Your decision to follow or act upon any trend, recommendation, investment strategy, course or opinion received, contained or referenced in or through the Site ( FxDailyBreakout ) or any Service or from any third party service provider;

 c.     Any inaccurate, incomplete or erroneous information received, contained or referenced in or through the Site or any Service, whether or not TE had an opportunity to remove or correct such information;

 OR made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

 SECTION 15 - SEVERABILITY

 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

 These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of Pennsylvania, United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE

 You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

 Questions about the Terms of Service should be sent to us at corriadizard@fxdailybreakout.com.