Purchase Agreement and Disclaimer

Last updated Aug 24, 2010.

Thank you for considering the purchase of our ForexGirdMaster MT4 Expert Advisor Robot. We think that the price is low and that you are receiving excellent value for your money. In fact, we think that there is no other FOREX trading product on the market that comes even close to the value we offer and in time that will become obvious to a great many people.

Please also be assured of our commitment to continue refining and expanding the capabilities of ForexGridMaster. We will be making available to you all upgrades, either for free or at very reasonable cost (major upgrades) and bug fixes, if any, at no cost.

We are also very committed to developing, sharing and teaching leading edge trading and money management strategies for trading the FOREX market successfully with ForexGridMaster. We aim to stay on top of the FOREX pack with our integrity, transparency, and facilitation of valuable contributions on the FGM forum from a growing number of ForexGridMaster traders, expecting there to be 1000s of traders participating in the long run.

This disclosure below will advise you of your rights and terms of purchase.

This agreement is a contract between you the BUYER, and James King, owner of ForexGridMaster.com, the SELLER. You must accept the terms of this contract or the SELLER will not transact business with you, or sell a product or service to you. Your purchase order will not be processed if you do not accept these terms.

You agree that you understand and agree to the terms of this contract and that under the terms of this contract both parties have certain rights.

The parties to this agreement are James King, the "SELLER", and you, the "BUYER". Entities who are not participants in this contract but who have an indirect relationship, such as resellers or sales affiliates or anyone else for that matter, are herein described as "THIRD PARTY" or "THIRD PARTIES". The recipient of any of the products or services herein sold, where said products and or services are ordered by and paid for by someone other than the recipient, is classified herein as if that recipient were the ordering BUYER with the same rights, duties, and obligations as the BUYER, but may also be referred to herein as "RECIPIENT".

BUYER warrants that he or she is 18 years of age or older, not subject to the Child Online Privacy Act, and of legal age to enter into contractual agreements in the state, province and/or country in which he or she is present when he or she makes this purchase.

BUYER warrants an understanding that the products and or services are or may actually be comprised of different elements and materials, such as, but not limited to, an electronically transmitted manual for the operation of ForexGridMaster or other products and or services, plus related elements and materials.

The BUYER is not permitted or has no license or right to duplicate, decompile, reverse engineer, reverse assemble, reverse compile, disassemble, translate or otherwise alter any executable code, content or materials, or related elements, or to sell or distribute, whether for profit or not, to anyone for any reason, any product and or any of its materials or elements, or any related service in any form, originating from James King and ForexGridMaster.com. The BUYER has no license, permission or right to enable any other party to do the same. BUYER understands that such actions will subject him or her to serious civil and criminal legal penalties and that James King shall pursue such penalties to the full extent of the law to protect his rights and the rights of other licensors of products and services from ForexGridMaster.com and or James King.

By accepting this Purchase Agreement, the BUYER agrees to receive continuing follow-up contact from the SELLER including product improvements and updates, emails, and email newsletters, from the SELLER for the purpose of mutual benefit. However, the BUYER has the right to unsubscribe from email contact not related specifically to important product notices such as bug fixes and product improvements and upgrades.

BUYERs living in locations that require custom duties and/or VAT taxes to be collected, understand that, unless custom duties are collected at the point of sale by the SELLER, the BUYER remains responsible for payment of custom duties and taxes at the time the product is received.

Due to the ever changing technological nature of the FOREX trading environment, including differences of application and reliability between broker trading platforms and electronic bank-data-feeds of liquidity providers and the vulnerabilities of the Internet itself, as well as the vulnerabilities of the operator's own computing equipment... ForexGridMaster, related products, elements, materials, and services are sold as is, without warranty or guarantee of any kind, either express or implied. The SELLER warrants and guarantees absolutely nothing. There is no warranty period. We will of course replace any defective software where it is obvious the defection is inherent in the software and not in the environment in which the software is operating. ForexGridMaster has been very thoroughly tested across many brokers and we have found that not all broker platforms are equal, at least how they are operated. In case of dispute, the onus is on the BUYER to prove (submission of error messages obtained from the MT4 platform) that in fact the software is defective as opposed to simply being incompatible due to the broker platform not being up to standards or any number of other reasons.

However, in the event that the BUYER claims that the product is defective and in fact it is proven to be defective, the sole remedy to the BUYER is to accept a replacement that is not defective, but in no circumstance does the BUYER have the right to a refund nor have the product relicensed to any other account name than what the BUYER originally provided. The period for the BUYER to determine if the product is defective and request a replacement is 3 months from the date of the order.

BUYER agrees to accept all risk associated with the use of ForexGridMaster and ForexTradeManager Expert Advisors, and their related materials and elements and services. BUYER warrants an understanding that the SELLER is disclaiming all liability from harm of any kind or nature caused directly or indirectly from the use of such products and or services and their related elements or materials. BUYER agrees, as part of the consideration required to purchase this product, or any other product/s from James King and ForexGridMaster.com, to carefully review and test this, these product/s during the 3 month period following the date of the purchase, and to immediately prove (via error messages on the MT4 platform and/or broker account statements) and request a replacement if the product is defective.

BUYER warrants an understanding, as required consideration, that the SELLER of ForexGridMaster and related products and or services... disclaims all liability for damages resulting from use or installation or reliance upon ForexGridMaster and related products and or services for any reason. BUYER alone accepts full responsibility for allowing others to use ForexGridMaster and related products and or services. BUYER understands that SELLER disclaims liability for any information contained in sales or promotional materials or ForexGridMaster and related products and or services themselves, that is unintentionally misleading or incorrect that might cause damage to BUYER.

BUYER expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of ForexGridMaster and related products and or services and or their elements or from subsequent contact with SELLER or Third Parties.

BUYER expressly agrees that no matter what may happen because of his or her purchase of ForexGridMaster and ForexTradeManager Expert Advisors and related products and or services, or no matter what damage may be allegedly or actually caused by the use of ForexGridMaster and ForexTradeManager Expert Advisors and related products and or services, for any reason whatsoever, that the absolute maximum extent of SELLER's liability shall be the replacement of the product/s due to proven defect.

BUYER agrees and understands that, SELLER, specifically but not exclusively, disclaims liability for all damage to BUYER's person or business by using ForexGridMaster and ForexTradeManager Expert Advisors and related products and or services, including harm to BUYER's computer hardware or software from worms, viruses, or other defects or computer codes that cause harm. SELLER disclaims liability for BUYER's interactions with any resellers or affiliates, or advertisers or third parties on the website or any website, or in promotional emails and newsletters, or anywhere for that matter. SELLER disclaims liability for BUYER's interaction with other visitors or members of the website or other websites, or in promotional emails and newsletters, or anywhere for that matter.

Where this disclaimer and claims made on this website or in sales and promotional materials, or in the materials and elements of the product are in conflict, this Purchase Agreement shall be controlling, except, and unless, the SELLER deliberately misled the BUYER or if such construction would cause material inequity. The sole burden is on the BUYER to substantiate any deliberate deception. BUYER accepts the obligation to reimburse the SELLER for all court costs, investigation costs, attorney fees, and all litigation-related costs in the event BUYER brings suit against the SELLER and does not prevail in court or at arbitration.

No warranties are made whatsoever about the amount of money, if any, that BUYER will earn or profit from the use of ForexGridMaster and ForexTradeManager Expert Advisors and related products and or services and their materials or elements and BUYER warrants an understanding that BUYER's only course of action is to test this product within 3 months of the purchase date and request replacement of product if proven defective.

BUYER expressly accepts the terms of the Privacy Policy of SELLER's website.

BUYER expressly accepts the Terms of Use of the SELLER's website.

BUYER agrees that SELLER may publish for commercial or personal purposes the full or partial content of any and all communication with BUYER at the SELLER's sole discretion. This content may be drawn from and occur in emails, email newsletters, the SELLER's website ForexGridMaster.com, including the ForexGridMaster forum, resellers' websites and promotional communications.

BUYER agrees that SELLER has the right to discontinue ForexGridMaster and related products and or services and their elements and materials and communications, at any time, subject only to the 3 month post product purchase period, without notice.

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, BUYER agrees to, that the sole and proper jurisdiction is, to be the province/state and city jurisdiction of the SELLER. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the SELLER's current residential and/or business address.

BUYER agrees that the applicable law to be applied shall, in all cases, be that of the location of the SELLER.

The prevailing party to any arbitration or litigation will be entitled to collect attorney fees and all other costs of the arbitration or litigation, including filing fees, investigation fees, collection fees, and travel expenses from the other party.

This Purchase Agreement cannot be modified in any manner between the SELLER and this BUYER unless modifications are made in writing signed by both parties. However, the SELLER may modify this Purchase Agreement at any time for other BUYERs without notice to the instant BUYER. You are advised to record a copy of this Purchase Agreement for your records.

In the event that some provisions, terms, conditions of the Purchase Agreement are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. Additionally, BUYER and SELLER agree that, if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable.

The SELLER's waiver (failure to enforce) any term of this agreement shall not be construed as a modification or an amendment to this agreement or constitute a waiver of other breaches.

SELLER can be contacted at Contact FGM.