Terms of Service
This online service (the "Service") provides computational services related to trading in financial markets. The Service is provided by Genetix Financial, LLC whose principal office is located at 1982 E 10 N Cir , St George , UT 84790 , USA.
These Terms and Conditions of Service, together with the Risk Disclosures included in a separate document, constitute a legal agreement ("Agreement") between You and Us. This Agreement, as it may be amended from time to time, applies to all users of Genetix Financial, (the "Website").
You must be a natural person who is at least 18 years of age.
You may not use the Service if you are under the age of 18 or you are not able to form legally binding contracts, or if your subscription has been suspended by Us. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR THE SERVICE. By registering for the Service, You become a Genetix Financial subscriber (a "Subscriber"), and You agree to be bound by the terms and conditions of this Agreement for as long as You continue to be a Subscriber. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT REGISTER FOR OR USE THE WEBSITE OR THE SERVICE.
THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE. You agree that Your continued use of the Website or the Service will constitute acceptance of any changes to this Agreement.
THIS AGREEMENT REQUIRES THE BINDING ARBITRATION OF ANY AND ALL DISPUTES, AS STATED IN THE “RESOLUTION OF DISPUTES” SECTION BELOW (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY DISPUTES DEFINED BELOW, AND CLAIMS THAT MAY BE ADJUDICATED IN SMALL CLAIMS COURT), WHICH YOU SHOULD READ IN ITS ENTIRETY. YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO ABIDE BY ITS TERMS. YOU EXPRESSLY AGREE WITH US THAT ANY DISPUTE MAY ONLY BE RESOLVED THROUGH AN INDIVIDUAL ARBITRATION BETWEEN YOU AND US, AND SHALL NOT BE BROUGHT AS A CLASS ARBITRATION, A CLASS ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
In this Agreement the following terms have the following meanings unless the context requires otherwise:
"Agreement" means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in the manner set forth herein;
"We, Us, Our" means Genetix Financial, LLC ; and
"You, Your, Yourself" means the person who accesses or utilizes the Website or registers for, subscribes to, or uses the Service.
- ELIGIBILITY. You must be a natural person at least 18 years of age to access and use the Service. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the jurisdiction from which you access or use the Website or Service.
- REGISTRATION AND SUBSCRIPTION: Although You may register as a user of the Service for free, if You wish to access premium content and use certain other elements of the Service, You must become a Subscriber and pay the fees that are set out in Our price list. This price list is part of this Agreement and We reserve the right, at any time, to change any fees or charges for using the Service. To become a Subscriber, You must register for the Service, provide accurate, current and complete information about Yourself as prompted by Our registration form ("Registration Data"), and maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We may terminate this Agreement and Your use of the Service and, in such event, You shall not be entitled to a refund of any unused subscription fees.
- TERM AND TERMINATION: This Agreement will remain in full force and effect while You use the Website or the Service and/or are a Subscriber, and after You have ended use of the Website or the Service and/or ceased to be a Subscriber, including without limitation the “Resolution of Disputes” section below. You may terminate your subscription at any time via the Website or by sending Us written or email notice of termination. To learn how to terminate your subscription, visit the Subscription section of the Website. Either You or We may terminate your subscription at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us We shall refund, pro rata, any unused portion of any subscription payments that We have received from You, if any, except as otherwise provided in this Agreement. In the event that You terminate your subscription You shall not be entitled to, nor shall We be liable to You for, any refund of any unused portion of any subscription payments We have received from You, and We may continue to bar Your use of the Service in the future. Again, even after subscription is terminated, this Agreement will remain in effect.
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YOUR USE OF THE SERVICE:
As a Subscriber, You agree that:
- THE SERVICE MAY NOT BE USED IN CONNECTION WITH ANY FORM OF GAMBLING OR GAMBLING PURPOSES.
- By becoming a Subscriber, You agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: emails informing You of changes to the Service and emails informing You of promotions that either We provide or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policies. Emails informing You of changes to the Service are provided by Us as part of the operation of the Service and you will receive these messages for as long as you are Our Subscriber. Should You not wish to receive any of Our email communications, please do not register with Us for the Service. However, You may opt-out of receiving Email communications sent from Us or through Us offering You third party goods or services. To learn how to do so, visit the Help section of the Website.
- Our customer service employees are here to make Your online experience enjoyable by providing assistance and guidance to You. When speaking to Our customer service employees on the telephone or communicating with them by any other means, You agree not to be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive. Should any of Our customer service employees feel, at any point, threatened or offended by Your conduct, We reserve the right to immediately terminate Your subscription and You shall not be entitled to the refund of any subscription payments We have received from You.
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We are entitled to investigate and terminate Your subscription if You have misused the Service,
or behaved in a way which could be regarded as inappropriate, unlawful or illegal.
The following is a partial, but not exhaustive, list of the types of actions that
are illegal or prohibited under this Agreement:
- You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- You will not express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent.
- You will not interfere with or disrupt any Service or any Website, servers or networks connected to any Service or Website.
- You will not use meta tags or code or other devices containing any reference to Us or the Service or the Website connected to the Service in order to direct any person to any other website for any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or enable others to do so.
- You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.
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INDEMNITY BY SUBSCRIBER:
You will defend, indemnify, and hold Us and Our officers,
directors, managers, employees, agents, subsidiaries, joint ventures and third parties harmless,
for any losses, costs, liabilities or expenses relating to or arising out of any third
party claim concerning Your use of the Service, including:
- Your breach of this Agreement;
- Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
- INTELLECTUAL PROPERTY: All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Service are the property of their respective owners.
- LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, OR FINANCIAL LOSS ARISING OUT OF THE USE OF THIS SERVICE. IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR SUBSCRIPTION.
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DISPUTE RESOLUTION:
- Arbitration of Disputes. You and We agree that any disputes arising out of or related to the Site, the Services, this Agreement and/or any policies or practices of Genetix Financial, LLC (a “Dispute”) will be subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act, to the maximum extent permitted by applicable law. The only exceptions to this agreement to arbitrate Disputes are claims of infringement or misappropriation of Our copyright, patent, trade secret, trademark, service mark, trade dress or other intellectual property or proprietary rights, which We may elect to have resolved by means other than arbitration. Notwithstanding the above, Genetix Financial, LLC is always interested in attempting to resolve any Disputes by amicable and informal means, and we encourage you to contact us before resorting to arbitration. YOU AND GENETIX FINANCIAL, LLC AGREE THAT WE ARE EACH GIVING UP OUR RIGHT TO GO TO COURT in connection with any Dispute, and that our rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
- No Class Actions. YOU AND GENETIX FINANCIAL, LLC ACKNOWLEDGE THAT NEITHER OF US WILL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE WITH THE OTHE PARTY. Further, neither you nor Genetix Financial, LLC agrees to class arbitration or any arbitration where a person brings a dispute as a representative of other person(s).
- Arbitration Procedure. If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA), a non-profit organization not affiliated with Genetix Financial, LLC , in accordance with its Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. The place of the arbitration shall be in Provo, Utah, United States of America.
- Enforcement. Any proceeding to enforce this arbitration agreement may be brought in any court of competent jurisdiction.
- Limitation of Time Period to Commence a Dispute. Regardless of any statute or law to the contrary, and to the maximum extent permitted by applicable law, any Dispute must be filed within one (1) year after the date in which the incident giving rise to the Dispute occurred. Failure to file an arbitration claim as described above within the applicable limitations period constitutes a waiver of such claim and serves as complete bar to any claim based on any Dispute.
- ENTIRE AGREEMENT AND WAIVER: This Agreement and Our Risk Disclosures , and any subsequent written revisions, comprise the entire agreement between You and Us regarding the use of the Websites and the Service, superseding any prior oral or written agreements or communications between You and Us related to the use of the Websites or Service (including, but not limited to, any prior versions of this Agreement). No usage of trade or other regular practice or method of dealing between You and Us will be used to modify, interpret, supplement or alter in any manner any express terms of this Agreement. No waiver of any provision of this Agreement or any rights or obligations under this Agreement will be effective, except when done in a writing signed by the party granting the waiver, and any waiver will be effective only in the specific instance and for the specific purpose stated in that writing.
- SEVERABILITY: If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
- REVISION DATE: This agreement was last revised on August 25, 2022.
- GOVERNING LAW: This agreement is governed by the laws of the State of Utah without regard to its conflict of law provisions.