Use Agreement

Use Agreement for europefx.com

This Use Agreement sets forth the terms and conditions (the “Use Agreement” or “Terms”) governing the access and use of the europefx.com website, applications, application plug-ins, and other services provided by europefx.com, Inc. (“europefx.com,” “we,” or “us”) (collectively, the “Service”). Individuals or entities who use the Service or create an account (“Account”) and their Authorized Users are collectively referred to as “Customers,” while website visitors are referred to as “Site Visitors.” Throughout these Terms, the terms “you” and “your” refer to Customers and Site Visitors, as applicable.

These Terms apply in addition to, and do not nullify, any other agreements or terms and conditions that may be applicable to your use of the Service. If you are a paid Customer (“Paid Customer”) bound by a Services Agreement with europefx.com (“Services Agreement”), these Terms only apply to the extent that your use of the Service is not already governed by the Services Agreement.

Acceptance of Terms

By accessing and using the Service, as a Site Visitor or Customer, you affirm your acceptance of these Terms and agree to comply with them. You also agree to abide by all applicable laws and regulations, as well as any posted rules or restrictions on the Service. If you do not agree to these Terms, you are not authorized to use the Service and must discontinue its use immediately.

Eligibility

By using the Service, you represent and warrant that you are at least 18 years of age and legally able to enter into a contract.

If you are agreeing to these Terms on behalf of an organization or entity, you further represent and warrant that you have the authority to bind that organization or entity to these Terms.

If you have previously been prohibited by europefx.com from accessing the Service, you may not access or use the Service.

europefx.com Account

To access and use certain features of the Service, you must create an Account. When creating an Account, you must provide accurate and complete information as requested on the registration form. It is your responsibility to maintain and update this information to ensure its accuracy. Additionally, you will be required to choose a user name and password for your Account. You are solely responsible for maintaining the confidentiality of your password and are liable for all activities that occur under your Account or password. You must not use another person’s Account, user name, or password, and you may not allow anyone other than Authorized Users to access or use the Service through your Account. If you suspect any unauthorized use of your account, user name, or password, you must immediately notify europefx.com. europefx.com shall not be liable for any losses incurred due to unauthorized use of your account or password, whether with or without your knowledge. You may also be held responsible for any losses incurred by europefx.com or its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

You must promptly report to europefx.com any suspected violation of these Terms by an Authorized User and cooperate with europefx.com to address the violation. europefx.com reserves the right to suspend or terminate an Authorized User’s access to the Service upon notice of any violation of these Terms.

Intellectual Property Rights

The Service is the intellectual property of europefx.com, Inc. and is protected by copyright laws, international treaties, trademarks, service marks, and other intellectual property laws and treaties. Unless expressly provided by europefx.com, you may not copy, reproduce, republish, download, upload, post, display, transmit, or distribute any content or materials from the Service. Nothing on the Service shall be construed to grant you a license under europefx.com’s intellectual property rights. Any rights not explicitly granted in these Terms are reserved by europefx.com.

The Service is also protected as a collective work or compilation under copyright and other laws and treaties. You agree to comply with all applicable copyright and other laws, as well as any additional copyright notices or restrictions displayed on the Service. The Service contains original works that are the valuable intellectual property of europefx.com and others. All present and future rights related to the Service, including trade secrets, patents, designs, copyrights, trademarks, database rights, service marks, know-how, and other intellectual property rights, belong solely to europefx.com.

The Trademarks displayed on the Service are registered and unregistered Trademarks of europefx.com and others. Unauthorized use of the Trademarks is strictly prohibited without europefx.com’s prior express written permission. While europefx.com acknowledges the Trademarks of other organizations mentioned on the Service, your use of the Trademarks or any other content on the Service is prohibited unless expressly permitted in these Terms.

The Software available for download through the Service or third-party websites or applications is the copyrighted work of europefx.com and third-party providers. Unauthorized reproduction or distribution of the Software is expressly prohibited and may result in legal consequences. By accepting these Terms, you are granted a limited, non-exclusive, non-sublicensable, and non-assignable license to access and use the Service for internal purposes, as permitted in these Terms. Using the Service for illegal purposes or in violation of these Terms is strictly prohibited. Access or use of the Service without explicit written consent from europefx.com is prohibited for direct competitors of europefx.com, except as authorized in writing. Subject to the restrictions in these Terms, you may display, copy, and download content and materials from the Service for internal use or in accordance with any applicable europefx.com Terms, as long as you retain all copyright and other proprietary notices and do not modify them.

Copyright

europefx.com respects copyright law and expects its Site Visitors and Customers to do the same. If you believe that any content or material on the Service infringes your copyrights, please notify us by contacting [email protected].

Copyright Trolling

You agree not to engage in copyright trolling by using the europefx.com website or its screenshots to solicit license fees. Violation of this clause will result in a penalty fee of US$5,000 for each infringement. By using the europefx.com website, you implicitly accept this fee if you submit a copyright claim based on your use of the website or its content.

DMCA Policy

At europefx.com, we are committed to complying with the Digital Millennium Copyright Act (DMCA) and other applicable laws regarding copyright infringement. We respond to notices of alleged copyright infringement promptly and take appropriate action to protect the rights of copyright owners.

If you are a copyright owner or an authorized agent and believe that any content or link on europefx.com infringes your copyrights, you may submit a notice to us in accordance with the DMCA. To file a DMCA notice, please provide our Copyright Agent with the following information:

  1. Your physical or electronic signature.
  2. Identification of the copyrighted work(s) claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing the copyrighted work, including URLs or similar information to help locate the material on our websites and services.
  4. Contact information, including your address, telephone number, and email address, to allow europefx.com’s agent to reach you.
  5. A statement that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
  6. A statement, made under penalty of perjury, that the information provided in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Designated DMCA Agent

europefx.com has designated the following DMCA Copyright Agent to receive Notices of Infringing Material:

Email: [email protected]

Please send all DMCA notices to our designated Copyright Agent. Please ensure that you carefully comply with all the requirements mentioned above to ensure the validity of your DMCA notice.

Account Termination

In appropriate circumstances, europefx.com may terminate the accounts of repeat infringers. If you believe that an account holder or subscriber is repeatedly infringing copyrights, please follow the instructions above to contact our DMCA Copyright Agent and provide us with sufficient information to verify the repeated violation of the DMCA.

Counter-Notification

If you are a customer of europefx.com services and you have uploaded or posted materials that have been identified as infringing, you may submit a counter-notification. The owner of the affected page or site or the provider of the affected content may make a counter-notification under sections 512(g)(2) and (3) of the DMCA. Upon receiving a counter-notification, europefx.com may reinstate the posts or material in question.

To file a counter-notification, you must provide a written communication (by fax, regular mail, or email) that includes all the items required by the DMCA. Please be aware that you may be held liable for damages if you materially misrepresent that the content or activity is not infringing upon the rights of others. If you are uncertain whether certain material infringes the copyrights of others, we recommend consulting with an attorney. A sample counter-notification form can be found at ChillingEffects.org.

User Comments, Feedback, and Other Submissions

If you choose to submit specific submissions at our request or provide creative ideas, suggestions, proposals, plans, or other materials without our request (collectively referred to as “Comments”), you agree that europefx.com may edit, copy, publish, distribute, translate, and use these Comments in any medium, without any restrictions. We have no obligation to maintain the confidentiality of any Comments, provide compensation for them, or respond to them.

While we may monitor and edit user-generated content, we are not obligated to do so. We reserve the right to remove any content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms.

You are responsible for ensuring that your Comments do not violate the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Your Comments should not contain libelous, unlawful, abusive, obscene, or computer virus-infected material, nor should they misrepresent your identity or mislead us or third parties about the origin of the Comments. You are solely responsible for the accuracy and content of your Comments, and we assume no liability for any Comments posted by you or any third parties.

Use Restrictions

By using the Service, you agree not to engage in any activity or transmit any information that, in our sole discretion:

  • Is illegal or violates any federal, state, or local law or regulation.
  • Advocates or discusses illegal activities with the intent to commit them.
  • Violates any third-party rights, including but not limited to privacy, publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights.
  • Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit, pornographic, discriminatory, vulgar, profane, obscene, libelous, hate speech, violent, inciting violence, inflammatory, or otherwise objectionable.
  • Interferes with others’ use and enjoyment of the Service.
  • Attempts to impersonate another person or entity.
  • Violates these Terms by using the Service for spam, surveys, contests, pyramid schemes, or other advertising materials.
  • Falsely states, misrepresents, or conceals your affiliation with another person or entity.
  • Accesses or uses another customer’s or paid customer’s account without permission.
  • Distributes computer viruses or other malicious code that disrupts or limits the functionality of computer software, hardware, or electronic communications equipment.
  • Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any Service features, servers, or networks connected to the Service.
  • “Hacks” or accesses proprietary or confidential records without permission.
  • Improperly solicits personal or sensitive information from other customers or site visitors.
  • Decompiles, reverse engineers, disassembles, or attempts to derive source code from the Service without consent, except as permitted by applicable law.
  • Removves, circumvents, disables, damages, or interferes with security-related features or limitations on the Service’s use.
  • Uses automated or manual means to violate robot exclusion headers or bypass measures employed to prevent or limit access to the Service.
  • Modifies, copies, scrapes, crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or commercially exploits any materials or content on the Service.
  • Uses the Service for benchmarking or to compile information for a product or service.
  • Downloads, reproduces, broadcasts, licenses, sells, or offers for sale any content or other information from the Service without proper authorization, except as permitted by these Terms.

Additionally, you shall not, and shall not permit others to:

  • Use the Service in a manner that circumvents usage restrictions or exceeds authorized use or usage metrics outlined in these Terms.
  • Make any portion of the Service available to third parties, except as expressly provided in these Terms.
  • Use the Service for the purpose of competing with europefx.com or allowing access to your account by a direct competitor of europefx.com.
  • Frame the Service, create pop-up windows over its pages, or otherwise interfere with the display of the Service’s pages.

While we are not obligated to monitor your or anyone else’s access to the Service, we have the right to do so for the purpose of operating and improving the Service, ensuring compliance with these Terms, preventing fraud or risk, conducting investigations, providing customer support, conducting analytics, and implementing advertising strategies. We may also review or edit content to comply with applicable laws, court orders, or government requirements.

Privacy

By using the Service, you acknowledge that the information you provide to us or that we collect will be used and protected as described in the europefx.com Privacy Policy. We may access, preserve, or share your information in good faith when necessary to investigate, prevent, or take action against illegal activities or to comply with legal processes. Your information may also be shared to respond to potential threats, protect the rights of third parties, or ensure the safety of europefx.com, our employees, users, or the public. This may involve sharing information with law enforcement, government agencies, courts, or other organizations.

Customer Data

You are responsible for the data and information that you or your authorized users input or upload into the Service (“Customer Data”). You must ensure that you have the necessary rights and licenses for the use of Customer Data by both yourself and europefx.com as outlined in these Terms. By using the Service, you authorize europefx.com to access, process, and use the Customer Data as necessary for providing the Service. You acknowledge that europefx.com may process Customer Data in accordance with the europefx.com Privacy Policy.

Customer Warranties

By using the Service, you represent and warrant to europefx.com that:

  • You have the required rights and authority to use the Service and grant the applicable rights stated in these Terms.
  • You are responsible for all activities associated with your Account.
  • You will maintain the confidentiality of your Account credentials.
  • You will promptly notify europefx.com of any unauthorized use of your Account.
  • europefx.com is not liable for any losses resulting from a third party’s use of your Account, whether authorized or unauthorized.
  • You will use the Service lawfully and strictly abide by these Terms.
  • The information you submit to europefx.com is true, accurate, and correct.
  • You will not attempt to gain unauthorized access to the Service or other systems or networks under europefx.com’s control.
  • You will not solicit personal or sensitive information from other customers or site visitors without permission.
  • You will not decompile, reverse engineer, or attempt to derive source code from the Service without consent.
  • You will not remove or interfere with security-related features or usage limitations of the Service.
  • You will comply with any other obligations set forth in these Terms.

Fees

europefx.com reserves the right to impose fees for certain aspects of the Service or to change prices or introduce new charges upon providing notice to you. Your continued use of the Service after receiving such notification constitutes your acceptance of any new or increased charges.

Modification of the Service

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

Term and Termination

These Terms remain in effect until terminated by you or us. You may terminate your use of the Service at any time by ceasing all further use. europefx.com may also terminate or suspend your use of the Service or your account at its discretion, for any reason, including your breach of these Terms. We reserve the right to decide whether you have violated these Terms.

If these Terms expire or are terminated:

  • All liabilities you owe to europefx.com before the effective date of the expiration or termination will survive.
  • Licenses and usage rights granted to you regarding the Service and intellectual property will immediately terminate.
  • europefx.com’s obligations to provide further services under these Terms will immediately terminate, except for any services expressly specified following expiration or termination.
  • Any other provisions that should naturally survive termination, such as payment obligations, indemnification, limitations of liability, or terms regarding ownership or intellectual property rights, will continue to apply.

For example, any obligations you have to pay us or indemnify us, any limits on our liability, and any terms related to ownership or intellectual property rights will continue to apply even after termination.

Third Party Content

We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. We make no representations or endorsements as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. europefx.com IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SERVICE OR POSTS OF USER CONTENT. Your correspondence or business dealings with, or participation in promotions of third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such partners or links to third-party websites or resources on the Service.

Warranties and Disclaimers

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.

europefx.com DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION, WILL MEET YOUR REQUIREMENTS, IS FREE OF MALICIOUS CODE OR THAT IT IS FREE OF ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THE SERVICE.

YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to, as applicable: (a) your access to and use of the Service; (b) violation of these Terms by you or your authorized Account user(s), as applicable; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and content of all Customer or Paid Customer data processed by the Service; or (e) any products or services purchased or obtained by you in connection with the Service.

europefx.com retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action that are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Limitations of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, europefx.com, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR INFORMATION), HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SERVICE, THIS AGREEMENT, OR ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF europefx.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT europefx.com IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO europefx.com IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF europefx.com FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY europefx.com’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY europefx.com’S FRAUD OR FRAUDULENT MISREPRESENTATION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND europefx.com WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS.

Relationship of the Parties

At all times, you and europefx.com are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of europefx.com or are otherwise authorized to bind or commit europefx.com in any way without europefx.com’s prior written authorization.

General

Electronic Communications. You agree to receive all communications, agreements, and notices that we provide in connection with the Service (“Communications”), including, but not limited to, Communications related to our delivery of the Service via electronic means, including by e-mail, text, in-product notifications, or by posting them on the Service. You agree that all Communications we provide to you electronically satisfy any legal requirement that such Communications be in writing or be delivered in a particular manner and you agree to keep your Account contact information current.

Assignability. You may not assign your rights or obligations, or delegate your responsibilities hereunder without europefx.com’s prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. europefx.com may, at any time, freely assign its rights, duties, and obligations hereunder without notice to you.

Force Majeure. Neither party will be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money owed) on account of events beyond the reasonable control of such party, which may include without limitation denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes and material shortages, internet connectivity. The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

Governing Law. These Terms and any dispute of any sort that might arise between you and europefx.com will be interpreted in accordance with the law of the State of California and the United States of America without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving the Service.

Venue. Any claim or dispute that between you and europefx.com that arises out of or is related to the Service and is not subject to arbitration or eligible for small claims action, shall be decided exclusively by a court of competent jurisdiction located in England & Wales, and you hereby consent to, and waive all defense of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of England & Wales.

Entire Agreement. These Terms and any documents expressly incorporated by reference constitute the final, complete, and exclusive expression of the agreement between you and europefx.com regarding the Service provided under these Terms. These Terms supersede and the parties disclaim any reliance on previous oral and written communications with respect to the subject matter hereof and apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. europefx.com hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by you and conditions assent solely based on these Terms and conditions of these Terms as offered by europefx.com. Except as explicitly permitted in these Terms, no modification or amendment of these Terms shall be effective unless it is in writing and signed by an authorized agent of the party against whom the modification or amendment is being asserted.

Trade Restrictions. You acknowledge that the Service and any related products, information, documentation, software, technology, technical data, and any derivatives thereof, that europefx.com makes available (collectively “Excluded Data”) are subject to the export control and sanctions laws and regulations of the United States and other countries that may prohibit or restrict access by certain persons or from certain countries or territories currently including, but not limited to, Cuba, the Crimea region of Ukraine, Sudan, Iran, North Korea, and Syria (“Trade Restrictions”). You represent and warrant that you are not: (i) located in an embargoed country or territory, (ii) under the control of an entity organized in or a resident of an embargoed country or territory, (iii) listed on any U.S. government list of persons or entities with which U.S. persons are prohibited from transacting, including, but not limited to, OFAC’s List of Specially Designated Nationals and Other Blocked Persons, the U.S. State Department’s Nonproliferation Sanctions lists, the U.S. Commerce Department’s Entity List or Denied Persons List located at https://www.export.gov/article?id=Consolidated-Screening-List; or (iv) subject to end destination export control regulations, such as, but not limited to, the U.S. Export Administration Regulations and U.S. Government EU Dual-Use Regulation EC 428/2009. You are solely responsible for complying with Trade Restrictions for all Excluded Data and any of its content transmitted through the Service.

Language and Translations. europefx.com may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.

Waiver. The waiver by either you or europefx.com of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid in any respect, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

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

Headings. The headings used throughout these Terms are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms.

Consumer Complaints. California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms. The most current version of the Terms will be posted on the Service, and it is your responsibility to check our website periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. Your continued use of the Service following the effective date of any changes to these Terms constitutes acceptance of those changes. If you do not agree to the new Terms, you may not use the Service.

How to Contact Us

If you have any questions or concerns about the Service or these Terms, please contact us at [email protected].