Terms and Conditions
FXMode provides access to the knowledge and experience of some of the top traders in the world. However, we are not a licensed broker or advisor, and any trades made by you are voluntary and at your own risk. As with all forms of investing, trading involves the risk of loss of principal.
- While the Company uses reasonable efforts to include accurate and up-to-date information on the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
- When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of registering or otherwise communicating with us electronically through the Site.
- If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidentiality on the part of the Company. The Company shall exclusively own all rights (including intellectual property rights) to, and shall be entitled to unrestricted use, publication, and dissemination of, all such submissions for any purpose, commercial or otherwise without any notice, acknowledgment or compensation to you. You are not permitted to share or distribute any data from our private membership and email communications.
- The Company utilizes commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. ANY DECISIONS YOU MAKE AFTER OR WHILE USING THE SITE, FINANCIAL OR OTHERWISE, REMAIN AT ALL TIMES YOUR VOLUNTARY DECISIONS, AND ARE MADE AT YOUR OWN RISK. YOU UNDERSTAND THAT INVESTMENTS ARE SUBJECT TO THE RISK OF LOSS OF PRINCIPAL AND ACCEPT THIS RISK. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, AND TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
The conditions for the action-based refund are as follows:
- The Member has watched all provided FxMode videos to completion and completed any testing modules which have been made available to the Member.
- If the Member has experienced trouble or has had a bona fide concern, the Member must make a post in the FxMode Discord group and tag David Vlas, Kirill Radkovich, or their noticed successors (to ensure the post is seen) and ask for help. The standard introductory post does not qualify as a post asking for help.
- The Member must follow the trades we post and have proper risk management. The trades must follow our trades inside the group, or else the Member’s actions are invalid because the trades were not followed as required. If you do not take a single trade, you will not be considered to have given the program a fair attempt.
- The Member must make an honest attempt. If our support team determines that the Member has not genuinely met our requirements, and we believe in our sole discretion that the Member has taken trades solely to ask for a refund or has not put in consistent effort (defined below) over the required thirty (30) days, we reserve the right to deny any refund. Our refund guarantee is put in place to help and provide a risk-free opportunity (other than your time) for all FxMode Members and under no circumstances may be abused by any Member. We do not tolerate fraud of any kind and fraud as determined by us will result in immediate cancellation and removal from our program without any refund.
- Consistent effort is defined as the following: Being able to show trades done consistently.
- Lack of consistent effort includes the following examples: (i) not taking any trades and waiting until the last few weeks of the 30-day period to quickly trade without proper risk for the purposes of improperly abusing the action-based guarantee; (ii) not following the trades inside of the program; and (iii) watching all the training lessons in the last few weeks in order to have technically "watched all the training lessons" or taken our trades.
- All criteria for meeting our action-based refund must be provided to our support staff via e-mail at [email protected]. The FxMode team will not consider any information submitted outside of our support e-mail when assessing the refund request's validity.
- If the Member is taking action and finding success, as determined in our sole discretion, the 30-day action based refund guarantee is null and void. The guarantee is to make sure that every person who signs up for the program and follows the step-by-step training inside the course can get a full refund if they don't see results and success for themselves.
- Refund Term Exemption: If we go negative in the “pip” count for the current month, you can request a refund, and we will refund the money it cost for the number of days you were in the program for that particular month period. You have to be using proper risk management. We are not responsible for losing more than one percent (1%) of your account in one trade.
- If a refund is granted, a processing and service fee is deducted from each refund issued.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to: (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this Agreement is held by a body of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: December 15, 2020