Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) govern your use of the website(“AlphaGroupFX Website”) and your receipt of any services and information made available through the Website (collectively, “Services”). Please read these Website Terms and Conditions carefully. By accessing the Website or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with them. If you do not agree with some or all of these Website Terms and Conditions, you are not authorized to visit the our portal at AlphaGroupFX.
Some of the Services available from us or from third parties through the Website may be governed by additional agreements. In addition, if you register as a user of any of the features of our Website or Services offered through our Website, during the registration process you may be prompted to click an “I Accept,” “Submit” or similar button. Your clicking on such button will further confirm your agreement to be legally bound by these Website Terms and Conditions and any additional terms and conditions of service that we may present to you at that time. To the extent that there is any conflict between these Website Terms and Conditions and any separate written agreement you have executed or otherwise entered into with us regarding any Services (including, but not limited to, Services or information that may be available through the Website), the terms of such separate agreement shall control.
2. FORWARD LOOKING STATEMENTS
If the website contains forward-looking statements these forward-looking statements are subject to known and unknown risks, uncertainties, assumptions and other factors that may cause actual results to be materially different from those contemplated by the forward-looking statements. We undertake no obligation to update any forward-looking statements.
3. DISCLAIMER REGARDING CONTENT
AlphaGroupFX cannot and does not represent or guarantee that any of the information available through the Services or Website is accurate, reliable, current, complete or appropriate for your needs. Some content available through the Services or Website may be provided by independent third parties whom AlphaGroupFX does not control. Other content available through the Services or Website is obtained by AlphaGroupFX from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the “Data Providers”). Nevertheless, due to various factors—including the inherent possibility of human and mechanical error—the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and Website are not and cannot be guaranteed by AlphaGroupFX.
4. OWNERSHIP OF INFORMATION
Unless otherwise noted, all right, title and interest in and to the Website and the information made available through it, in all languages, formats and media throughout the world, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of AlphaGroupFX, its affiliates or its Data Providers. To the extent the Website or the Services contain information from third parties pursuant to rights granted as a matter of law (such as principles of “fair use”), AlphaGroupFX owns all rights, title and interest (including copyright), in all languages, formats and media throughout the world, in the selection, arrangement and presentation of such information on the Website or in the Services, as well as in the selection, arrangement and presentation of other content on the Website and in the Services.
5. DOWNLOADING OF MATERIALS; RETRANSMISSION AND REDISTRIBUTION OF DATA
Certain materials may be made available for download from the Website. Subject to these Website Terms and Conditions, AlphaGroupFX grants you permission to download and copy such materials solely for your internal, non-commercial use; provided that all copyright notices appearing on the originals are duplicated on all copies thereof; and provided further, that you do not modify the materials in any way. Without limiting any other right or remedy available to AlphaGroupFX, at law or in equity, the permission herein granted will automatically terminate in the event you breach any of the website Terms and Conditions and, in such event, you must destroy immediately all downloaded materials in your possession, custody or control.
Except as otherwise expressly permitted by the preceding paragraph, you agree not to reproduce, re-transmit, disseminate, sell, distribute, publish, broadcast or circulate any of the services or materials in any manner or for any purposes (whether personal or business) without the prior express written consent of AlphaGroupFX and/or the data provider(s). in addition, you shall not, without the prior express written consent of AlphaGroupFX and the relevant data provider(s), make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, de-compiling, disassembling or creating derivative works. you further agree not to use the website or information made available through the website for any unlawful purpose and agree to comply with reasonable requests by AlphaGroupFX to protect the respective rights of AlphaGroupFX, its affiliates, licensors and the data providers in the services and in the information made available through the services.
6. OUR DATA PROVIDERS’ REQUIREMENTS
These Website Terms and Conditions are subject to all requirements of AlphaGroupFX’s Data Providers under AlphaGroupFX’s agreements with such Data Providers, including such additional financial and contractual requirements as may be imposed by such Data Providers from time to time.
7. DISCLAIMER REGARDING LINKS AND OTHER THIRD PARTY CONTENT
The Website and Services may provide you with the ability to access a variety of information, material or other content from third parties (“Third Party Content”), including through links to other websites and/or forums on which users or other third parties may post Third Party Content. Whenever you access Third Party Content, YOU PROCEED AT YOUR OWN RISK. You understand and agree that such third parties are solely liable for all Third Party Content. You further acknowledge that AlphaGroupFX does not necessarily (and is not obligated to) review or screen any Third Party Content, either before or after it becomes available through the Website and/or Services, and cannot and does not guarantee, attest to, verify or otherwise warrant that any Third Party Content is or will be accurate, free from errors, defects or harmful elements, consistent with what it purports to be, appropriate to fit your needs or otherwise safe or non-objectionable.
You agree that AlphaGroupFX shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Website. If we provide links they are as a
convenience, and do not endorse the content or services offered by these other sites.
You agree that AlphaGroupFX is not, and shall not be, liable for any material on the Website that you
may find objectionable.
8. NO DUTY TO MONITOR THE WEBSITE
You understand and agree that AlphaGroupFX has the right, but not the obligation, to monitor the Website, and to remove content, including content you submit, from the Website for any reason. You further understand and agree that AlphaGroupFX has the right, but not the obligation, to review content before it is posted to the Website, and to refuse to allow content to be posted for any reason. Any and all decisions on whether or not to retain, disseminate, or remove content posted by users shall be made by AlphaGroupFX in its sole discretion.
- alter, damage or delete any material appearing on the Website;
- disrupt the normal flow of communication on the Website, such as through “spam” email or by
- impersonate or claim a relationship with or speak for any business, organization, or person for
which you are not authorized to claim such a relationship;
- sell or promote any product or service, promote, solicit, or partake in any multi-level marketing
or pyramid scheme, or post or transmit any unsolicited, advertising, or promotional materials,
including solicitations for credit card numbers or sponsors; or
- violate any operating rule, policy or guideline of your Internet access provider or online service.
You acknowledge and agree that these prohibitions do not, and shall not be construed to, create any rights in you or any third parties. We reserve the right (but do not have any obligation) to prohibit or restrict conduct on the Website and to edit, block, or remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable. You acknowledge and agree that we may terminate your access to the Website and the Services should you fail to comply with the Website Terms and Conditions, including the User Code of Conduct. Any such termination shall be in our sole discretion and may occur without notice. AlphaGroupFX reserves the right to terminate any user’s access to the Website or the Services for any conduct or activity that AlphaGroupFX, in its sole discretion, believes is or may be directly or indirectly harmful to other users or to AlphaGroupFX, or for any conduct or activity that violates any local, state, federal or foreign laws or regulations. AlphaGroupFX further reserves the right to terminate any user’s access to the Website or Services for any reason or for no reason at all, in AlphaGroupFX’s sole discretion, without notice.
9. NO CREATION OF THIRD-PARTY RIGHTS
Except as otherwise expressly set forth herein, nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
10. SHARED FILES; INFORMATION YOU DOWNLOAD
AlphaGroupFX cannot and does not guarantee or warrant that information that may be available for downloading through the Website or Services will be free from infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to AlphaGroupFX for the reconstruction of any lost information.
11. MATERIALS YOU POST; YOUR LICENSE TO OTHER USERS
By posting or transmitting, inputting or uploading information or content (“User Content”) to the Website, you warrant that such User Content does not violate or infringe the rights of any third parties. In addition, you automatically grant AlphaGroupFX and its affiliates and Website users under your intellectual property rights, a royalty-free, perpetual, non-exclusive, worldwide license (with the right to grant sub-licenses) to use, copy, modify, distribute, publicly display, perform, and otherwise exploit such Content, without compensation to you.
12. COMPLAINTS OVER PERCEIVED INFRINGEMENT
AlphaGroupFX respects intellectual property rights. If you believe that materials posted on our Website infringe your rights under copyright law in specific materials (collectively, a “Work”), we request that you notify us of your concerns or objections.
13. PRODUCT DEMONSTRATIONS
All product demonstrations (“demos”) that may be available via the Website from time to time may only be used during the time periods for which they are offered. All demos must be used in accordance with any accompanying instructions and may not be used for any reason other than their intended purpose.
14. REFUND AND REIMBURSEMENT POLICY – RECEIVABLES AND INSTALLMENT
AlphaGroupFX does not provide refunds and all transactions are final. AlphaGroupFX will provide students with additional instruction time if the student requests it. AlphaGroupFX is not obligated to provide such additional services and reserves the right to deny any students requesting such for any reason or for no reason at all. AlphaGroupFX reserves the right to make demand for any and all balances, installments or invoices due at any time within the duration of your account. Failure to remit such payments upon demand will cause permanent closure of your account and all access provided herein. Our financing arrangements are for the benefit of those who wish engage us for training and utilize our funding as a short term bridge for the materials otherwise not available. We do not offer permanent long term funding.
Our installment offerings are made on case by case review and only available to those that exhibit credit worthiness and sufficient financial wherewithal to complete the payments on schedule. We do not charge interest on any installments.
15. ACCESS AND SECURITY
If you elect to register for any of the Services or other offerings that may be available via the Website from time to time, you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form (such information constituting the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate or incomplete, or AlphaGroupFX has reason to suspect that you have done so, AlphaGroupFX may suspend or terminate your account and refuse any and all current or future use of the Website or any portion thereof. You agree to keep confidential any access codes, account numbers, and customer code numbers that you may receive for your access to and use of the Services. You accept responsibility for all time used and all activity that occurs through or under your access codes, customer numbers and/or account numbers. You agree to notify AlphaGroupFX immediately if you become aware of any loss, theft or unauthorized use of your access codes and/or account numbers.
16. DISCLAIMER OF WARRANTIES.
You agree that neither AlphaGroupFX, its affiliates, officers, directors, employees, agents or representatives, nor any of the Data Providers nor any officer, director, employee, agent, affiliate or
representative thereof shall have any liability, contingent or otherwise, for any lack of truthfulness, accuracy or timeliness of the Website or Services; for any lack of truthfulness, accuracy, timeliness, completeness or correct sequencing of the information made available through the Website or Services; for any decision made or action taken by you or anyone else in reliance upon such information or the Website or Services; or for any harm or injury resulting from any interruption or delay of any data, information or any other aspect of the Website or Services; or for any harm or injury resulting from any unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of any information made available through the Website or Services.
The website and services are provided “as is.”To the fullest extent permitted by applicable law, there is no warranty of merchantability, no warranty of fitness for a particular use and no other warranty of any kind, express or implied, regarding the website, the services or any aspect of the information made available via the website or services. you recognize that the accuracy of any such information should be checked before you rely on it. you acknowledge that documents posted to and content available at the website may contain computer viruses or other harmful elements. should you download any such materials from the website, it is your responsibility to perform any anti-virus scanning or other precautions as you deem necessary. under no circumstances will we be responsible for any loss or damage caused by any materials downloaded from the website and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment or data you use in connection with the website.
For example, and not by way of limitation, neither AlphaGroupFX, its affiliates or the Data Providers shall be liable for any loss resulting from a cause over which such entities do not have direct control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, your errors, or events of force majeure.
17. LIMITATION OF LIABILITY
Limitation of liability in no event will AlphaGroupFX or its affiliates or the data providers be liable to you, your customers or any other party for any direct, indirect, incidental, consequential, special or exemplary damages (including but not limited to, lost profits, trading losses or damages that result from inconvenience or delay), or claims arising in tort (including, but not limited to, negligence), even if AlphaGroupFX, its affiliates or the data providers have been advised of or are otherwise aware of the possibility of any of the foregoing. without limiting the foregoing, in no event shall AlphaGroupFX’s total liability to you for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any for access to the website or the services.
You agree to indemnify and hold harmless AlphaGroupFX, its affiliates, the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and reasonable attorney’s fees, of every kind and nature, arising from or relating to your use of the Website or the Service or the information made available through the Website or the Services and/or your violation of these Website Terms and Conditions or any third party’s rights, including, but not limited to, copyright, proprietary rights, and rights under defamation law.
19. WAIVER OF RIGHT TO SUE
You release AlphaGroupFX, its Affiliates and their respective officers, directors, employees and agents, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Website or Services, or arising in any way from content posted to any of the Website by any third party.
20. MODIFICATION AND TERMINATION OF WEBSITE; MODIFICATION OF WEBSITE TERMS AND CONDITIONS
Notwithstanding any provision in these Website Terms and Conditions, AlphaGroupFX reserves the right, in its sole discretion, at any time and from time to time, and without notice, to change, amend, or modify and/or to terminate, restrict access, or cease publishing: (a) the Website; (b) any particular information made available via the Website; or (c) these Website Terms and Conditions. Your use of our Website following any such change constitutes your agreement to follow and be bound by the Website Terms and Conditions, as amended.
21. DATA PROVIDERS ENFORCEMENT RIGHT
Data Providers may enforce these Website Terms and Conditions against you by legal proceedings or other appropriate means.
22. FORCE MAJEURE
In addition to applicable disclaimers identified above AlphaGroupFX’s performance under these Website Terms and Conditions shall be excused in the event of interruption and/or delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, acts of terrorism, power failures, equipment failure, industrial or labor dispute, acts of third party information providers, third party software errors or failures or communications interruptions or failures.
23. MATERIALS YOU POST; YOUR LICENSE TO OTHER USERS
Severability; No Waiver. Should any provision of these Website Terms and Conditions be held to be
void, invalid, unenforceable or illegal by a court of competent jurisdiction, such provision shall be valid and enforceable to the extent permitted by applicable law, and the validity and enforceability of the remaining provisions shall not be affected thereby. Failure of any party to enforce any provision of these Website Terms and Conditions on any occasion shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision on a subsequent occasion.
Assignment. These Website Terms and Conditions shall not be assignable by you, either in whole or in part. AlphaGroupFX reserves the right to assign its rights and obligations under these Website Terms and Conditions.
24. YOU AGREE THAT BY SUBMISSION OF YOUR APPLICATION TO BE BOUND TO THE TERMS AND CONDITIONS SPECIFIC TO THE ENROLLMENT IN AND USE OF PROFESSIONAL COURSE MATERIAL AND THE STANDARD TERMS AND CONDITIONS GOVERNING THE USE OF OUR MATERIAL AND THE ALPHAGROUPFX WEBSITE (APPLIES ONLY TO PROFESSIONAL COURSE CLIENTS)
You discounted course access and course access via free, differed or installment payments is provided by a partner of AlphaGroupFX. That partner has offered this course free of charge to you, but in doing so we commit to that partner to providing you the best education available. As part of our commitment to our Partners, we confirm that your use of our material is not permissible outside the access of that Partner.
You understand that the course instruction provides you definitive solutions to technical analysis that remove historical lagging and provide predictive measures of trading foreign exchange contracts, but is done on a ten day schedule. Three days after the start of your course, you’ll be provided with trading room access to watch and join professional traders in market commentary and trading activity. Your Course Account will automatically extend 3 days after the course completion for you to continue the daily benefits of the daily trading room. Upon your upgrade to platinum level, you’ll be provided download links and instructions to install our technical studies. You’ll be required to submit your MT4 Account Number for the provisioning of your license.
Regulatory and Compliance
Alpha Offshore & Alpha Group FX is NOT an Investment Advisor, Broker, Dealer or Fiduciary
Alpha Offshore & Alpha Group FX provides research, commentary and trading education for foreign currencies.
To further clarify our position as a Publisher, please note the following:
- Alpha Offshore & Alpha Group FX does not take possession or any financial interest of any person’s investment capital.
- Alpha Offshore & Alpha Group FX is not compensated by any institution for the research or information provided.
- None of the Alpha Offshore & Alpha Group FX commentary, newsletters, alerts are an offer to
purchase or recommend the purchase or sale of securities, commodities, foreign exchange contracts or any other item hereinafter ‘derivatives’.
- The use of our products and services is done at the users own discretion. Users are free to act or not act on the information they deem appropriate.
- Users of our product may select any brokerage firm if they choose to act on the
- Alpha Offshore & Alpha Group FX does not know the individual financial situation, objectives or needs of the persons who use their services
- Alpha Offshore & Alpha Group FX does not modify the research information delivered to persons using their services, all information is delivered uniformly to subscribed members
Performance of Services
Alpha Offshore & Alpha Group FX maintains a strong commitment to transparency especially with the performance statistics of our services. We continually modify the method in which we review percentage gains to enable individuals to clearly understand risk, loss of capital, variances, and drawdown periods.
- If we publish performance statistics for a particular period, we issue this information uniformly to our member base who may refer to this information when speaking about our services.
- Our members are prohibited from posting claims, performance statistics or any reference to profit that has not been specifically issued by Alpha Offshore & Alpha Group FX.
Products & Services Regulatory Compliance
- All performance materials, expectations and analysis includes our basic disclaimers:
- Past performance is not indicative of future results
- Individual trade results will vary
- Commissions are not reflected in trade performance
- Trading involves risk including the risk of losing part, all or more of the initial monies invested
Alpha Offshore & Alpha Group FX works to ensure that members fully understand both performance and use disclaimers. We have a commitment to a “plain language” representation of our disclaimers where all training sessions, recordings, newsletter alerts, emails, website posts, and subscriptions include our detailed disclosure of risk and the use of our products solely at the member’s discretion.
An example of a disclaimer from our recorded sessions:
Persons who choose to purchase a subscription and subscribe to our research and or analytical services also accepts additional disclaimers and risk disclosure at the time of purchase.
Below are the courses a member must complete to gain access or certify acceptance of the terms and conditions as placed on the AlphaGroupFX & AlphaOffshore websites.
Algorithmic Trading with AG43 – To Gain Access to Trading Instruction Using AG43
Affiliate Training Course – To Participate in AlphaOffshore’s Earn & Learn Affiliate Structure.
BROKERS OF CHOICE
Alpha Offshore & Alpha Group FX is NOT a Broker
As stated throughout this document, Alpha Offshore & Alpha Group FX is not a broker, dealer, advisor, fiduciary or registered/licensed financial entity.
We are a publisher of financial information and research.
Our members are free to use the information we provide to place trades for themselves with whichever broker they choose.
We do, however, review various brokers and provide “brokers of choice” which are firms that are compliant, under regulatory control, and offer services beneficial to members such as enhanced customer service and additional training to name a few.
Alpha Offshore & Alpha Group FX offers an optional bonus plan to members who would like to actively sell our services to others. Compliance and governance over the actions of the Independent Affiliates is critical to our operations, reputation and overall customer satisfaction.
Our Independent Affiliates are governed by an extensive policy & procedures manual:
Violations of policy are taken very seriously and could result in the termination of an Independent Affiliate Agreement.
With today’s instantaneous access to information, the ability for us to police and scrutinize each post, tweet, video or comment regarding our services is challenging. We are continually deploying additional technologies to assist in automating web searches for compliance infractions.
In many cases, we find that individuals and users of our services only have a common understanding of terms and not the impact and meaning certain words have in the regulatory environment. Use of the words, “advice, automatic, opportunity, etc.” seem harmless to those who are speaking in plain terms. Therefore, we have a commitment to education of our Independent Distributors to ensure their awareness and implications of using such words when discussing our products and services. We are continually adding additional courses, personnel and expanding our discussions of the regulatory environment.
The subject of compliance is extensive and rapidly changing. At times, even professional legal resources are in conflict as to the interpretation of newly implemented regulations. In spite of these complexities, Alpha Offshore & Alpha Group FX LLC is committed to conformance to all regulatory guidance and full transparency of our product performance and operations.
If anyone reading this document believes a policy violation has been committed, or if you have general questions regarding this document we urge you to contact us directly through our contact page.
Effective Date The effective date of this Products & Services Regulatory Compliance is July 1, 2017