Terms & Conditions

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

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

Nuubie may modify these Website Terms and Conditions at any time and without prior notice. You should review the most current version these Website Terms and Conditions by visiting an Nuubie Site and clicking on the Website 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 Website Terms and Conditions as modified. The only notice of changes or modification to these Website Terms and Conditions will be by Nuubie publishing revised Website Terms and Conditions on this website; Nuubie will not separately notify you of any changes or modifications.

These Website Terms and Conditions are in addition to any other agreements between you and Nuubie, 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 the Nuubie Sites.

USE OF Nuubie SITES

The Nuubie Sites are intended only for your personal, non-commercial use, unless you and Nuubie 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 products referred to in Nuubie Sites are available to persons residing in any country where the provision of such services or products 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 Nuubie 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 Nuubie 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 Nuubie Sites are protected by applicable intellectual property laws. Except as expressly stated herein, you may not without Nuubie’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 Nuubie Site.

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

The Nuubie Sites, excluding third party content, are original works of authorship published by Nuubie. Nuubie 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 Nuubie or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.

VOID WHERE PROHIBITED

Although the Nuubie Sites including the products and services are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all jurisdictions, or appropriate or available for use in certain jurisdictions. Nuubie reserves the right to limit, in its sole discretion, the products and services it makes available, the provision and the quantity to any person.

CONTENT AVAILIBILITY

Nuubie reserves the right to change content, products and services, (including eligibility for particular features, products and/or services) without notice.

THIRD PARTY CONTENT AND RESEARCH

The Nuubie 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 Nuubie Entity (“Third Party Content”). The source of all Third Party Content is clearly and prominently identified on Nuubie 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 licenced from the Third Party Content provider(s) credited.

Nuubie 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 Nuubie makes every attempt to provide accurate and timely information to serve the needs of users, neither Nuubie 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 Nuubie 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 Nuubie 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. Nuubie has taken reasonable measures to ensure the accuracy of the information on the Web site. However, Nuubie 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 Nuubie 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 Nuubie Sites in any manner that could damage or overburden any Nuubie server, or any network connected to any Nuubie server. Do not use Nuubie Sites in any manner that would interfere with any other party’s use of the Nuubie Sites.

USE OF LINKS

The Nuubie website may contain links to websites operated by other parties. Nuubie 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 Nuubie excludes all liability and responsibility for the content or operation of these third party websites.

EXCLUSION OF WARRANTIES

Nuubie does not make any express or implied warranties about the Nuubie sites, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Nuubie sites are made available to you “as is” and “as available” and Nuubie does not warrant that any defects or inaccuracies will be corrected.

Nuubie does not warrant that the Nuubie sites will meet your needs, or that they will be uninterrupted, timely, secure or error-free. Nuubie also makes no warranty that the results obtained from the use of the FXCM 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 Nuubie sites will meet your expectations.

DISCLAIMER AND LIMITATION OF LIABILITY

To the maximum extent permitted by law, Nuubie 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 Nuubie sites and third party content, inconvenience or delay). This is true even if Nuubie has been advised of the possibility of such damages or losses.

Except as otherwise required by law, Nuubie will not be liable to you or anyone else for any loss resulting from a cause over which such Nuubie does not have direct control. This includes failure of electronic or mechanical equipment or communications lines (including telephone, cable and internet), unauthorised 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 consequential damages, some or all of these limitations and exclusions may not apply to you.

INDEMNIFICATION

As a condition of your use of the Nuubie Sites, you agree to indemnify and hold Nuubie 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 Nuubie Sites, or from your violation of these Terms.

CONFIDENTIALITY

It is your obligation to keep Nuubie accounts numbers and passwords confidential. You acknowledge and agree that any instruction or communication transmitted to you or on your behalf via any Nuubie Site is made at your own risk. You authorise Nuubie to rely and act on, and treat as fully authorised and binding upon you, any instruction given to Nuubie that Nuubie believes to have been given by you or on your behalf by any agent or intermediary whom FXCM believe in good faith to have been duly authorised by you. You acknowledge and agree that FXCM 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 authorised by you.

TERMINATION

Nuubie reserves the right to terminate your usage of the Nuubie Sites at any time, for any reason, with or without cause and without prior notice.

SEVERABILITY

If for any reason any provision of these Website 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.