Terms & Conditions

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Terms & Conditions

Fortress Capital and each of its affiliates (collectively, “Fortress Capital “) is pleased to provide you with the information, content, tools, products and services on all Fortress Capital Sites (the term “Fortress Capital Sites” refers to all Fortress Capital websites, as well as to their content). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of Fortress Capital Sites is subject to these Terms and Conditions.

These Terms and Conditions are a binding agreement between you and Fortress Capital. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of Fortress Capital Sites is governed by the version of the Terms and Conditions in effect on the date each Fortress Capital Site is accessed by you.

Fortress Capital may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting a Fortress Capital Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by Fortress Capital publishing revised Terms and Conditions on this website; Fortress Capital will not separately notify you of any changes or modifications.

These Terms and Conditions are in addition to any other agreements between you and Fortress Capital, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through Fortress Capital sites

 

Use of Fortress Capital Sites:

The Fortress Capital Sites are intended only for your personal, non-commercial use, unless you and Fortress Capital have agreed otherwise in writing.

 

DISTRIBUTION AND RESPONSIBILITY OF VISITORS:

The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to in Fortress Capital Sites are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation.

It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the Fortress Capital Sites shall be considered a solicitation to buy or an offer to sell any product or service to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

 

LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE:

The Fortress Capital Sites are not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

 

INTELLECTUAL PROPERTY:

The Fortress Capital Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without Fortress Capital ‘s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or any Fortress Capital Site.

If you link from another website to a Fortress Capital Site, your website, as well as the link itself, may not, without Fortress Capital’s prior written permission, suggest that Fortress Capital endorses, sponsors or is affiliated with any non- FORTRESS CAPITAL website, entity, service or product, and may not make use of any FORTRESS CAPITAL trademarks or service marks other than those contained within the text of the link.

The Fortress Capital Sites, excluding third party content, are original works of authorship published by Fortress Capital. Fortress Capital has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by Fortress Capital or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.

 

THIRD PARTY CONTENT AND RESEARCH:

The Fortress Capital Sites may include general news and information, commentary, interactive tools, quotes, research reports and data concerning the foreign exchange markets, other financial markets and other subjects.

Some of this content may be supplied by companies that are not affiliated with any Fortress Capital Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on Fortress Capital Sites.

Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited. FORTRESS CAPITAL does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.

While Fortress Capital Inc and each of its affiliates (collectively, “Fortress Capital “) is pleased to provide you with the information, content, tools, products and services on all Fortress Capital Sites (the term “Fortress Capital Sites” refers to all Fortress Capital websites, as well as to their content). These Terms and Conditions also include important disclosures and information related to certain products and services. Your use of Fortress Capital Sites is subject to these Terms and Conditions.

These Terms and Conditions are a binding agreement between you and Fortress Capital. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of Fortress Capital Sites is governed by the version of the Terms and Conditions in effect on the date each Fortress Capital Site is accessed by you.

Fortress Capital may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting a Fortress Capital Site and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by Fortress Capital publishing revised Terms and Conditions on this website; Fortress Capital will not separately notify you of any changes or modifications.

These Terms and Conditions are in addition to any other agreements between you and Fortress Capital, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through Fortress Capital sites

While Fortress Capital makes every attempt to provide accurate and timely information to serve the needs of users, neither Fortress Capital nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Fortress Capital and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk.

THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ACCURACY OF INFORMATION:

While Fortress Capital has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting traders to make independent investment decisions. Fortress Capital has taken reasonable measures to ensure the accuracy of the information on the Web site. However, Fortress Capital does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.

All content on the Fortress Capital Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

 

PROHIBITED USES:

Because all servers have limited capacity and are used by many people, do not use Fortress Capital Sites in any manner that could damage or overburden any Fortress Capital server, or any network connected to any Fortress Capital server. Do not use Fortress Capital Sites in any manner that would interfere with any other party’s use of the Fortress Capital Sites.

 

USE OF LINKS:

The Fortress Capital website may contain links to websites operated by other parties. Fortress Capital does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and Fortress Capital excludes all liability and responsibility for the content or operation of these third party websites.

 

EXCLUSION OF WARRANTIES:

FORTRESS CAPITAL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FORTRESS CAPITAL SITES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FORTRESS CAPITAL SITES ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND FORTRESS CAPITAL DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

FORTRESS CAPITAL DOES NOT WARRANT THAT THE FORTRESS CAPITAL SITES WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FORTRESS CAPITAL ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FORTRESS CAPITAL SITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FORTRESS CAPITAL SITES WILL MEET YOUR EXPECTATIONS.

 

DISCLAIMER AND LIMITATION OF LIABILITY:

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTRESS CAPITAL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FORTRESS CAPITAL SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FORTRESS CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, FORTRESS CAPITAL WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FORTRESS CAPITAL DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

IF YOU LIVE IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR ON SEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION:

As a condition of your use of the Fortress Capital Sites, you agree to indemnify and hold Fortress Capital and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Fortress Capital Sites, or from your violation of these Terms.

 

CONFIDENTIALITY:

It is your obligation to keep FORTRESS CAPITAL accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any Fortress Capital site is made at your own risk. You authorize Fortress Capital to rely and act on, and treat as fully authorized and binding upon you, any instruction given to Fortress Capital that Fortress Capital believes to have been given by you or on your behalf by any agent or intermediary whom Fortress Capital believe in good faith to have been duly authorized by you. You acknowledge and agree that Fortress Capital shall be entitled to rely upon your account number and/or password to identify you and agree you will not disclose this information to anyone not duly authorized by you.

 

TERMINATION:

Fortress Capital reserves the right to terminate your usage of this website at any time, for any reason, with or without cause and without prior notice.

 

SEVERABILITY:

If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

GOVERNING LAW AND JURISDICTION:

Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of Florida, USA, without regard to principles of conflicts of law, and shall inure to the benefit of Fortress Capital ‘s successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with Fortress Capital in Florida, USA or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the county of Palm Beach, FL USA and hereby waive any objection to the convenience or propriety of venue therein.

Provided however, that nothing herein shall prevent Fortress Capital from bringing any action in the courts of any other jurisdiction. makes every attempt to provide accurate and timely information to serve the needs of users, neither Fortress Capital nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Fortress Capital and Third Party Content providers specifically disclaim any liability for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENCORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

There is a substantial high and unlimited level of risk of loss in trading commodity futures, options, options writing and off-exchange foreign currency products; such trading is not suitable for all investors. Past performance is not indicative of future results.

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