FOREX On The Go : Make Trades From Your iPhone!

END USER LICENSE AGREEMENT

IMPORTANT: READ THESE TERMS CAREFULLY BEFORE OPENING, INSTALLING, OR USING THIS SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT, DO NOT OPEN, INSTALL OR USE THIS SOFTWARE, IF YOU HAVE ALREADY PAID A LICENSE FEE FOR THE SOFTWARE (AND YOU DO NOT AGREE TO THESE TERMS), YOUR PAYMENT FOR THE SOFTWARE LICENSE MAY BE ELIGIBLE FOR A REFUND. BY OPENING, INSTALLING, OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT (THIS “AGREEMENT” OR “LICENSE AGREEMENT”), THAT YOU UNDERSTAND IT, THAT YOU ARE OF LEGAL AGE WITHIN YOUR JURISDICTION TO ENTER INTO CONTRACTS, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT OPEN, INSTALL OR USE THIS SOFTWARE.

THE SOFTWARE IS CONFIDENTIAL AND PROPRIETARY TO LICENSOR AND IS PROTECTED BY UNITED STATES AND INTERNATIONAL LAWS RELATING TO THE PROTECTION OF INTELLECTUAL PROPERTY. IT MAY NOT BE REPRODUCED, PUBLISHED, DISTRIBUTED, OR OTHERWISE DISCLOSED WITHOUT THE EXPRESS WRITTEN PERMISSION OF LICENSOR.

THIS AGREEMENT MIGHT BE AMENDED FROM TIME TO TIME, AS POSTED ON LICENSOR’S WEBSITE, AND SUCH UPDATED OR AMENDED VERSION SHALL GOVERN. IT IS YOUR RESPONSIBILITY TO BE AWARE OF SUCH CHANGES, AND TO CONTACT LICENSOR IF YOU DESIRE TO CEASE USING THE SOFTWARE BECAUSE OF SUCH CHANGES.

Contact information for Licensor:

Forex on the Go LLC
5721 Chamberlayne Road
Richmond, VA 23227

1.   DEFINITIONS:
a.   “Licensor” means Forex On the Go LLC, a Virginia, USA, limited liability company.
b.   “You” means the individual opening, installing or using the Software and the entity for which such person works.
c.   “Software” means the software program with which this license is distributed, including without limitation all computer code, procedures, routines, manuals, including all updates, and any other related information or documentation, in whatever form, related thereto. Provision of Software updates, if any, are at the sole and absolute discretion of Licensor.

2. SOFTWARE LICENSE AND RESTRICTIONS: In consideration for the license fee amounts paid by You, as set forth during Your registration for use of the Software, Licensor grants You a non-transferable and non-exclusive license to use the Software provided that: (i) You install the Software on only one computing device; (ii) You do not modify the Software or permit anyone to so modify the Software; (iii) You maintain all copyright notices, trademark notices, and other proprietary notices on the Software, and (iv) You agree to be bound by the terms of this End User License Agreement. Further, You may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Software or any part thereof. You may not reverse engineer, decompile, translate, adapt, or disassemble the Software. You may not transmit the Software over any network or between any devices. The Software shall be used by You solely for Your normal and customary personal use and not in the operation of a service bureau or for the benefit of any other person or entity. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement. This Agreement provides no right to any upgrades, revisions, patches, maintenance, training, support, or any other service relating to the Software.

The current version in English was created in the English language. To the extent there is any discrepancy between the most recent English version and the translated version You have read, this English version shall prevail.

3. OWNERSHIP AND INTELLECTUAL PROPERTY: You have no ownership rights in the Software. Rather, You have a license to use the Software as long as You comply with the terms of this Agreement. Title, ownership rights, and intellectual property rights in and relating to the Software and related documentation shall remain in Licensor. All rights not expressly granted to You pursuant to this Agreement are expressly reserved by Licensor. You shall not remove or alter any of Licensor’s copyright, trademarks, or other proprietary notice or markings contained on the Software or any component thereof. You shall not use any of Licensor’s trademarks without written permission.

4. CONFIDENTIALITY OF SOFTWARE: You agree that the Software contains proprietary information including trade secrets, know-how and confidential information that are the exclusive property of Licensor. During the period this Agreement is in effect and at all times after its termination, You shall not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such information except as authorized by this Agreement or by the prior written consent of Licensor.

5. TERM AND TERMINATION: The term of this Agreement begins upon Your opening, installing or using the Software and lasts until terminated pursuant hereto. Licensor may terminate this License Agreement if (i) Licensor determines that You have violated any of the terms of this License Agreement, including without limitation Your failure to pay the user license fee as set forth during Your registration for use, (ii) Licensor is required to do so by law, (iii) the partner with whom Licensor offers the Software to You has terminated its relationship with Licensor, (iv) Licensor no longer provides the Software to users in your country, or (v) provision of the Software is no longer commercially viable. You may terminate this Agreement by (x) closing your accounts with Licensor, after (y) providing written notice to Licensor. Upon such termination, Your right to use the Software terminates. Termination of this Agreement will be in addition to, and not in lieu of, other remedies available to Licensor under this Agreement, law, or equity. All provisions relating to ownership of the Software, confidentiality, intellectual property and proprietary rights, non-disclosure, warranty disclaimer, liability limitation, and indemnification shall survive the termination of this Agreement.

6. NO WARRANTY. WARRANTY DISCLAIMER: THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE SOFTWARE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE SOFTWARE IS PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, IMPACT, AND RESULT OF THE SOFTWARE IS WITH YOU. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT. YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY OF THE SOFTWARE.

7. LIMITATION OF LIABILITY: IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL LICENSOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF YOUR USE OR ATTEMPTED USE THE SOFTWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT, IF ANY, THIS PROVISION IS HELD UNENFORCEABLE, THEN TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM OF LICENSOR’S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER CAUSE OF ACTION RELATING TO THE SOFTWARE SHALL NOT EXCEED THE PAYMENTS PAID BY YOU TO LICENSOR FOR USE OF THE SOFTWARE.

8. YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, and INDEMNIFICATION: You may be using the Software in conjunction with Your use of a foreign exchange trading software known as “MT4” or “MetaTrader4” owned by MetaQuotes Software Corp. (“MetaQuotes”). If so, You represent and warrant that You will only use the Software in conjunction with legitimate uses of MT4 software, and that You are not in breach or violation of any agreement You may have with MetaQuotes. You covenant to allow Licensor to occasionally automatically update the Software for the purpose of updating, improving and enhancing the Software. You agree to indemnify, defend, and hold Licensor harmless from and against any liability, loss, claims, damages or otherwise, including without limitation reasonable attorneys fees, arising out of or relating to any violation by You of any provision of this Agreement, the use by You of the Software or any part thereof, or any claim by any third party that Your use of the Software or part thereof has caused damage.

9. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties relating to the subject matter herein and supersedes all previous verbal or written agreements or other documentation. You agree that You are using the Software based solely upon the terms of this Agreement and not based upon any affirmations or representations of any advertisement or otherwise.

10. TRANSFER OR ASSIGNMENT OF AGREEMENT: You may not assign, sublicense, or otherwise transfer the Software or this Agreement without Licensor’s prior written consent. Licensor may terminate this license at its discretion upon Your breach of this Agreement, including, among other things, any unauthorized attempt to assign, sublicense, or transfer this Agreement, and You shall be responsible for all costs related to any unauthorized transfer.

11. SEVERABILITY, WAIVERS: In the event that any of the provisions of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provisions to the extent enforceable and all other provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement. No delay or failure to enforce a provision of this agreement will be deemed a waiver of such provision and no provision of this Agreement will be waived by any act, omission or knowledge except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of the waiving party.

12. JURISDICTION, GOVERNING LAW AND REMEDIES. This Agreement shall be construed and enforced according to the laws of the Commonwealth of Virginia, USA, and the United States of America without reference to choice of law rules. All legal actions arising under this Agreement or based upon a dispute as to this Agreement shall be instituted in, and both Licensor and You consent to jurisdiction in, a state or federal court in the Richmond, Virginia USA metropolitan area. You acknowledge Licensor’s substantial investment in developing the Software and its legitimate right to protect it from unauthorized use or disclosure. In the event of a breach or threatened breach by You of any provision of this Agreement, money damages might be an inadequate remedy and extremely difficult to measure. Accordingly, You agree that Licensor shall be entitled to, in addition to and not in limitation of any other rights, remedies, or damages available to Licensor at law or in equity, a permanent injunction in order to prevent or restrain any such breach by You or by Your partners, agents, representatives, servants, employees, and/or any and all persons directly or indirectly acting for or with You. In addition, if You are determined by a court of competent jurisdiction to have breached his obligations hereunder, You shall pay any costs incurred by Licensor in enforcing any and all of its rights hereunder, including, without limitation, reasonable attorneys fees.

13. EXPORT RESTRICTIONS; EMBARGO; RESTRICTED PARTIES. THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE SOFTWARE OR INFORMATION ABOUT SUCH SOFTWARE, WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. YOU SHALL NOT EXPORT THE SOFTWARE OR INFORMATION ABOUT THE SOFTWARE WITHOUT CONSENT OF LICENSOR AND IN COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.

YOU REPRESENT AND WARRANT THAT (I) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; AND (II) YOU ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.

14. MOBILE APPLICATIONS. Although the Software is amenable for use in conjunction with mobile and handheld devices, You assume all risk of such use, and You agree to not drive or conduct any other activity while using the Software that could cause harm to others. Your indemnification obligations herein include any claims by any other parties relating to any violation by you of this provision.

15. THIRD PARTY DEVICE PROVIDERS HAVE NO RESPONSIBILITY FOR SOFTWARE. The computing device on which You are using the software was manufactured by a third party manufacturer which may include, without limitation Apple Corporation or affiliate (“Device Provider”). Any such Device Provider has no responsibility whatsoever under this Agreement with respect to the Software. Rather, Licensor, and only Licensor, is solely responsible for the Software, as provided for on the limited basis as set forth in this Agreement. Any such Device Provider has no obligation whatsoever to furnish any maintenance or support services with respect to the Software, and has no obligation under this Agreement to warrant or provide assurances of any kind with respect to the Software. In the event of any failure with the Software, Your sole course of action or remedy, if any, is with Licensor and is limited as set forth herein. Any such Device Provider has no responsibility for addressing any claims relating to or arising from the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar regulation. You and Licensor further acknowledge that no Device Provider will have any responsibility with respect to the investigation, defense, settlement and discharge of any claim, including intellectual property infringement claim, of any other party. With respect to this Section, any relevant Device Provider shall be deemed a third party beneficiary of this Agreement and will have the right (and will be deemed to have accepted the right) to enforce this Agreement Section against You as a third party beneficiary hereof.

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Additional Disclosure

Before trading you should conduct a background check on the firms and individuals you wish to do business with. Using NFA’s Background Affiliation Status Information Center (BASIC) http://www.nfa.futures.org/basicnet/, investors can quickly and easily check the registration status and disciplinary history of any NFA registered firm or individual conducting futures business with the retail public. In addition, it is important for you to understand the nature of the transactions you propose to undertake, the type of account you wish to carry, and your rights.

Foreign exchange transactions you may enter into with a Forex On The Go “Associated Broker” may not be traded on an exchange. Therefore, even if the associated broker is a U.S. company, under the U.S. Bankruptcy Code, your funds may not receive the same protections as funds used to margin or guarantee exchange-traded futures and options contracts, which receive a priority in bankruptcy. Since that same priority has not been given to funds used for off-exchange forex trading, if the associated broker becomes insolvent and you have a claim for amounts deposited or profits earned on transactions with the associated broker, your claim may not receive a priority. Without a priority, you are a general creditor and your claim will be paid, along with the claims of other general creditors, from any monies still available after priority claims are paid. Even customer funds that the associated broker keeps separate from its own operating funds may not be safe from the claims of other general and priority creditors.
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Privacy Policy

Forex On The Go, LLC (“FOTG”) is committed to safeguarding the personal information that you provide us. FOTG does not disclose any nonpublic information about our users to anyone except as permitted by law or as defined in this document.

The provisions of this notice apply to former users as well as our current users.

Collected Information

When you signup or use FOTG’s services we may collect information about you and may collect information about the electronic devices you use to connect to our services.
If you list FOTG as your introducing/referring broker we may obtain additional information from the corresponding broker in order to comply with regulatory requirements. The USA PATRIOT Act requires us to collect information and take actions necessary to verify your identity. The information we obtain may include information you provided in account opening documents, applications or other forms (such as your name, address, date of birth, social security number, occupation, assets, income, ect.), information you provided to verify your identity (such as a drivers license, passport, ect.), information about your transactions (such as trading activity), and information we receive from consumer reporting agencies. While using our MT4 trading services account information and transactions that pass through our system may be logged for trade reporting and anomaly resolution. This information may be shared with your broker, but will not be shared with any other third party unless mandated by law, regulatory body, or as defined in this document.

We limit access to your personal information to only those employees who need to know it in order to provide products or service to you. We maintain your account documentation with personal information in physically locked file cabinets and/or on secured computer systems. We do not rent or sell your name or personal information to anyone.

Security Technology

At FOTG, we take security very seriously. We use a multitude of industry standard security measures to help protect your information. Technology used such as SSL encryption helps protect you from having your information intercepted by anyone other than FOTG while it is being transmitted to us. We also use other safeguards such as firewalls, authentication systems (e.g., passwords and usernames), and access control mechanisms to control unauthorized access to systems and data.

- When using our MT4 trading services, account passwords are not stored or viewed by us. If you you choose to use the “Remember Password” functionality, your password is stored on your device only.
- All of our servers are housed at secure facilities with SAS70 security certifications.
- All trading activities are performed over an encrypted SSL connection.
- All trading commands are handled digitally and automatically without any human intervention from us.

Sharing Information with Third Parties

FOTG does not disclose your personal information to third parties, except as described in this Policy. Third party disclosures may include sharing such information with non-affiliated companies that perform support services for your account or facilitate your transactions with FOTG, including those that provide professional, legal, or accounting advice to FOTG. Non-affiliated companies that assist FOTG in providing services to you are required to maintain the confidentiality of such information to the extent they receive it and to use your personal information only in the course of providing such services and only for the purposes that FOTG dictates.

We may also disclose your personal information to third parties to fulfill your instructions or pursuant to your expressed consent.

Regulatory Disclosure

Under limited circumstances, FOTG may disclose your personal information to third parties as permitted by, or to comply with, applicable laws and regulations. For example, we may disclose personal information to cooperate with regulatory authorities and law enforcement agencies to comply with subpoenas or other official requests, and as necessary to protect our rights or property. Except as described in this privacy policy, we will not use your personal information for any other purpose, unless we describe how such information will be used at the time you disclose it to us or we obtain your permission.

Opt Out
You are not required to supply any of the personal information that we may request; however, failure to do so may result in our being unable to open or maintain your account or to provide services to you. While we make every effort to ensure that all information we hold about you is accurate, complete, and up to date, you can help us considerably in this regard by promptly notifying us if there are any changes to your personal information.

If you do not wish to have your personal information disclosed to our affiliates or other third parties as described in this Policy, please contact us via e-mail at: support@forexonthego.com or send your request to:

Forex On The Go, LLC
5721 Chamberlayne Rd.
Richmond VA, 23227

Please be advised, that if we receive such instruction we will not be able to service your account and must close any open and funded accounts you have.

Agreement version: March 4th, 2010