CLIENT AGREEMENT
This is a Client Agreement (‘Agreement’) between Meta Forex Markets LTD, (hereinafter referred to as MetaFX) a registered company organized under the laws of the Republic of Vanuatu, its successors and assigns, and the party (or parties) executing this document.
In consideration of MetaFX agreeing to carry one or more accounts of the undersigned person or persons (hereinafter referred to as “Trader” or “Client”) and providing services to Client in connection with the purchase and sale of foreign exchange contracts, Client agrees as follows:
1. CLIENT REPRESENTATIONS AND WARRANTIES. Client represents and warrants that: (a) Client is of sound mind, legal age and legal competence; and, (b) no person other than Client has or will have an interest in Client’s account(s); and, (c) Client hereby warrants that regardless of any subsequent determination to the contrary, Client is suitable to trade foreign exchange contracts, and, (d) Client is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and / or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by MetaFX, and in the event that Client becomes so employed, Client will promptly notify MetaFX via e-mail of such employment; and, (e) all the information provided in the MetaFX Account Application (the “Application”) is true, correct and complete as of the date hereof and Client will notify MetaFX promptly of any changes in such information.
2. AUTHORIZATION TO TRADE. MetaFX will engage in foreign exchange contracts transactions with Client in accordance with Client’s oral, written or electronic instructions.
3. CREDIT. Client authorizes MetaFX or agents acting on behalf of MetaFX to investigate Client’s credit standing and in connection therewith to contact such banks, financial institutions and credit agencies as MetaFX shall deem appropriate to verify information regarding Client. Client further authorizes MetaFX to investigate Client’s current and past investment activity, and in connection therewith, to contact such futures commission merchants, exchanges, broker / dealers, banks, compliance data centers, and any other financial and investment institution as MetaFX shall deem appropriate. Client also acknowledges that MetaFX may provide information (e.g. negative account information of unsecured debts) regarding Client’s performance under this Agreement to these agencies.
4. DISCLOSURE OF FINANCIAL INFORMATION. Client represents and warrants that the financial information disclosed to MetaFX in the Application is an accurate representation of the Client’s current financial condition. Client represents and warrants that in determining Client’s Net Worth, Gross Income, Total Assets and Liabilities were carefully calculated, Client represents and warrants that in determining the value of Total Assets, the Client included cash and / or cash equivalents, Government and Marketable securities, real estate owned (excluding primary residence), the cash value of life insurance and other valuable assets. Client represents and warrants that in determining the value of Liabilities, Client included notes payable to banks (secured and unsecured), notes payable to relatives, real estate mortgages payable (excluding primary residence) and other debts. Client represents and warrants that Client has very carefully considered the portion of Client’s Total Assets which Client considers to be Risk Capital. Client recognizes that Risk Capital is the amount of money Client is willing to put at risk and if lost would not, in any way, change Client’s lifestyle. Client agrees to immediately inform MetaFX if the Client’s financial condition changes in such a way as to reduce Client’s Net Worth and / or Risk Capital.
5. ANTI-MONEY LAUNDERING PROCEDURES. Client agrees to and acknowledges the following: a) Identity Verification. To help the government fight the funding of terrorism and money laundering activities, MetaFX is required to obtain, verify, and record information that identifies each person who opens an account with MetaFX. When Client opens an account, MetaFX is required to collect information such as the following: 1) Client’s name; 2) date of birth; 3) permanent address; and 4) identification number. MetaFX may verify Client’s identifying information by performing a credit check, or requiring Client to provide a government ID or other identifying documents. b) Monitoring. MetaFX may monitor the trading activity in accounts to investigate or identify Money Laundering. c) PROHIBITED BANKS. MetaFX is prohibited from conducting business with the following entities (“Section 311 entities”): Banco Delta Asia; VEF Banka; Commercial Bank of Syria; Syrian Lebanese Commercial Bank; Myanmar Mayflower Bank; Asia Wealth Bank; Any Burmese banking institution, including foreign branches; And any subsidiaries of the above entities. This means that the Client may not, directly or indirectly, deposit money into the MetaFX trading account from a Section 311 entity. Nor may the Client, directly or indirectly, withdraw money from the MetaFX trading account to any Section 311 entity. If we become aware that any Section 311 entity is associated with a Client’s MetaFX trading account, we will take appropriate steps to prevent such access, including, where necessary, terminating the account.
6. ACCOUNT APPROVALS AND MAINTENANCE. MetaFX may reject Client’ Application or close Client’s account for any reason, at MetaFX’s sole and absolute discretion. MetaFX may require Client to provide MetaFX with additional information or documentation in order for MetaFX to continue carrying Client’s account. Client acknowledges that MetaFX may, at any time in its sole and absolute discretion, restrict trading, disbursements or transfers. MetaFX may amend, change, revise, add or modify the Agreement at any time. The most current Agreement will be posted to MetaFX’s Web site www.metafx.ai. Client understands that this Agreement cannot be modified by any verbal statements or written amendments that Client seeks to make to the Agreement without written acceptance from the General Counsel of MetaFX.
7. SECURITY AND CONFIDENTIALITY. Client agrees and acknowledges that Client is the exclusive owner and solely responsible, jointly and severally if applicable, for the confidentiality and protection of Client’s account number(s) and password(s) that allows Client to place on-line orders and access to MetaFX’s electronic trading systems. Client further agrees that Client will be fully responsible for all activities including brokerage transactions that arise from the use of Client’s account number(s) and password(s). Client agrees to indemnify and hold MetaFX harmless from: if any other person utilizing Client’s confidential information provides instructions to MetaFX that may be contrary to Client’s instructions. Client will immediately notify MetaFX in writing or by e-mail of any loss, theft or unauthorized use of Client’s account number and / or passwords.
8. NO ADVICE AND NO RECOMMENDATIONS. Client acknowledges that MetaFX does not and will not give investment, legal or tax advice or make trading recommendations. Client acknowledges that MetaFX makes no representations concerning the tax implications or treatment of foreign exchange contracts. Client agrees that Client is a self-directed investor and all orders entered are unsolicited and based on Client’s own investment decision or the investment decision of Client’s duly authorized representative. Client agrees that neither MetaFX nor any of its employees may be Client’s duly authorized representative and that Client will neither solicit nor rely upon MetaFX or any of its employees for any such advice. Client understands that Client is solely responsible for all orders entered, including but not limited to trade qualifiers, the number of trades entered, the suitability of any trade(s), investment strategies and risks associated with each trade, and will not hold MetaFX or any of its employees liable for those investment decisions. Client further understands that MetaFX does not and will not review the appropriateness or suitability of any transactions implemented or investment strategies employed in Client’s account. Client hereby agrees to hold MetaFX and its officers, directors, employees, agents and affiliates harmless from any liability, financial or otherwise, or expense (including attorneys' fees and disbursements), as incurred, as a result of any losses or damages. Client may suffer with respect to any such decisions, instructions, transactions or strategies employed in Client’s account by Client or Client’s duly authorized representative, or as a result of any breach by Client of any of the covenants, representations, acknowledgments or warranties herein.
9. TRADING RECOMMENDATIONS. (a) Client acknowledges that: (i) any market recommendations and information communicated to Client by MetaFX or by any person within the company, does not constitute an offer to sell or the solicitation of an offer to buy any foreign exchange contract, (ii) such recommendation and information, although based upon information obtained from sources believed by MetaFX to be reliable, may be based solely on a broker’s opinion and that such information may be incomplete and may be unverified; and (iii) MetaFX makes no representations, warranties or guarantees as to, and shall not be responsible for, the accuracy or completeness of any such information or trading recommendation furnished to Client. Client acknowledges that MetaFX and / or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell currencies, which are the subject of market recommendations furnished to Client, and that the market position of MetaFX or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to Client by MetaFX.
10. MARGINS AND DEPOSIT REQUIREMENTS. Client shall provide and
maintain margin in such amounts and in such forms as MetaFX, in its sole discretion
may require. MetaFX may change margin requirements at any time without prior
notice. MetaFX retains the right to limit the amount and / or total number of open
positions that Client may acquire or maintain at MetaFX. MetaFX reserves the right to
close any Client positions at any time that it deems necessary. MetaFX shall not be
responsible for any loss or damage caused, directly or indirectly, by any events,
actions or omissions including but not limited to loss or damage resulting, directly
or indirectly, from any delays or inaccuracies in the transmission of orders and / or
information due to a breakdown in or failure of any transmission or communication
facilities. For example, in volatile market conditions a margin call may be delayed
resulting in the possibility of a negative usable margin; a margin call may occur
even if positions are hedged, in the jurisdictions where hedging is permitted by law,
due to currency conversion rate volatility or daily interest charges or credits.
11. ROLLOVERS. MetaFX may, in its sole discretion and without notice to Client, offset Client's open positions, roll over Client's open positions into the next settlement time period, or make or receive delivery on behalf of Client upon any terms and by any methods deemed reasonable by MetaFX, in its sole discretion. Terms and / or methods for delivering, offsetting, or rolling over Client’s open positions may differ on a Client-by-Client basis, at MetaFX’s sole discretion. Any positions held in Client account at 5PM EST may be rolled over to the next settlement date and Client account may be debited or credited for the interest differential for the rollover period.
12. CANCELLATION AND MODIFICATION REQUESTS. Client acknowledges
that it may not be possible to cancel or modify an order. Client understands and
agrees that, if an order cannot be canceled or modified, Client is bound by any
execution of the original order. MetaFX is not liable to Client if MetaFX is unable to
cancel or modify an order. Client further acknowledges that attempts to modify or
cancel and replace an order can result in an over-execution of the order, or the
execution of duplicate orders, that MetaFX’s systems do not prevent over-execution
on duplicate orders from occurring, and that Client shall be responsible for all such
executions. Client agrees not to assume that any order has been executed or
cancelled until Client has received confirmation from MetaFX with regard to order
execution. Client is responsible for knowing the status of Client‘s pending orders
before entering additional orders. Client agrees to contact MetaFX in the event Client
is unclear on the status of an order. Client agrees to regularly review Client’s
online Account Statement to confirm the status of Client’s orders.
13. LIQUIDATION OF ACCOUNTS. In the event of: (a) death or judicial declaration of incompetence of Client; (b) filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the institution of any insolvency or similar proceeding by or against Client; (c) filing of an attachment against any of Client’s accounts carried by MetaFX; (d) insufficient margin, or MetaFX’s determination that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account; (e) Client’s failure to provide MetaFX any information requested pursuant to this Agreement; or (f) any other circumstances or developments that MetaFX deems appropriate for its protection, and in MetaFX’s sole discretion, it may take one or more, or any portion of, the following actions: (1) sell any or purchase any or all currency contracts, securities or other property held or carried for Client; and (2) cancel any or all outstanding orders or contracts, or any other commitments made with Client. Any of the above actions may be taken without demand for margin or additional margin, without prior notice of sale or purchase or other notice to Client, Client’s personal representatives, heirs, executors, administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be solely Client’s or held jointly with others. And if there are no trading activity and/or balance transactions and/or open positions on the Trading Account (no deposits to/withdrawals from the Trading Account) for any period of 90 (ninety) days, and the account balance is 10 USD or less, such Trading Account shall be deemed as 'Inactive Account' and placed to archive. Inactive Account can be re-activated on Customer’s request.
14. SETTLEMENT DATE OFFSET INSTRUCTIONS. Offset instructions on Currency positions open prior to settlement arriving at settlement date must be given to MetaFX at least one (1) business day prior to the settlement or value day. Alternatively, sufficient funds to take delivery or the necessary delivery documents must be in the possession of MetaFX within the same period described above. If neither instructions, funds nor documents are received, MetaFX may without notice, either offset Client’s position or roll Client’s positions into the next settlement time period or make or receive delivery on behalf of Client upon such terms and by such methods deemed reasonable by MetaFX in its sole discretion.
15. CHARGES. Client shall pay such charges (including, without limitation, markups and markdowns, statement charges, idle account charges, order cancellation charges, account transfer charges, introducing broker and money manager fees, or other charges) arising out of MetaFX providing services hereunder. MetaFX may change its charges without notice. All such charges shall be paid by Client as they are incurred, or as MetaFX in its sole and absolute discretion may determine, and Client hereby authorizes MetaFX to withdraw the amount of any such charges from Client’s account(s).
16. DEPOSITS AND WITHDRAWALS. MetaFX shall neither receive nor disburse Client’s funds in cash currency or cash equivalents. All transactions between Client and MetaFX shall be performed by wire, check or other method in which the identities of both the sending and receiving parties can be verified by MetaFX and which MetaFX, in its sole discretion, shall deem appropriate. MetaFX shall perform deposit / withdrawal transactions only between Client’s MetaFX account and another account which is held in Client’s name or of which Client clearly demonstrates ownership to MetaFX. In order to prevent money laundering, fraud, and other unauthorized activity, MetaFX may limit Client’s withdrawal options.
17. STATEMENTS AND CONFIRMATION. Reports of the confirmation of orders and statements of accounts for Client shall be deemed correct and shall be conclusive and binding upon Client if not objected to immediately upon receipt and confirmed in writing within one (1) business day after the execution of the Client’s order. MetaFX will provide Client access to view Client’s account at any time with an online login via the Internet. MetaFX will not provide trade confirmation via postal mail. Failure to object shall be deemed ratification of all actions taken by MetaFX or MetaFX’s agents prior to Client’s receipt of said reports. Client’s failure to receive a trade confirmation shall not relieve Client of the obligation to object as set out herein.
18. COMMUNICATIONS. Reports, statements, notices and any other communications shall be transmitted to Client electronically by posting to Client’s online account or via e-mail to the e-mail address on Client’s application, or to such other e-mail address as Client may from time to time designate to MetaFX. MetaFX is not responsible if the correspondence sent by email is not received by Client or if the email is delayed, regardless of whether the delay or failure to receive the correspondence was caused by MetaFX or a third party. All communications sent by e-mail shall be deemed transmitted by MetaFX when posted or sent and deemed delivered to Client personally, whether actually received by Client or not.
19. E-MAIL AND ELECTRONIC COMMUNICATIONS. All e-mails sent to and from MetaFX are subject to monitoring, review or disclosure to someone other than Client or Client’s intended recipient. Client acknowledges that there may be delays in e-mail being received by Client’s intended recipient. Client agrees to hold MetaFX harmless for any delay in e-mail delivery regardless of whether the delay was caused by MetaFX or a third party. E-mail sent to and from a MetaFX address may be retained by MetaFX’s corporate e-mail system. Client agrees not to use e-mail to transmit orders to purchase or sell currencies and further agrees that MetaFX is not liable for any actions taken or any omissions to act as a result of any e-mail message Client sends to MetaFX. Electronic communications with MetaFX via our Web site, wireless device or touchtone service are also subject to monitoring, review by or disclosure to someone other than the recipient and such communications may be retained by MetaFX.
20. MetaFX’s RESPONSIBILITIES. MetaFX will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond MetaFX’s control or anticipation. MetaFX shall not be liable for losses arising from the default of any agent or any other party used by MetaFX under this agreement.
21. CURRENCY FLUCTUATION RISK. If Client directs MetaFX to enter into any foreign exchange transaction: (a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency will be entirely for Client’s account and risk; (b) all initial and subsequent deposits for margin purposes shall be made in USD, or another currency which MetaFX may choose to accept, in such amounts as MetaFX may in its sole discretion require, with subsequent deposits being in the same currency as the initial deposit; and (c) MetaFX is authorized to convert funds in Client’s account for margin into and from such foreign currency at a rate of exchange determined by MetaFX in its sole discretion on the basis of then prevailing money market rates.
22. RISK ACKNOWLEDGMENT. Client acknowledges that investments in leveraged foreign exchange transactions are speculative, involve a high degree of risk, and are appropriate only for persons who can assume risk of loss of their margin deposit. Client understands that because of the low margin normally required in trading foreign exchange contracts, price changes in foreign exchange contracts trading may result in the loss of Client’s margin deposit. Client warrants that Client is willing and able, financially and otherwise, to assume the risk of foreign exchange contracts trading, and in consideration of MetaFX carrying his / her account(s), Client agrees not to hold MetaFX responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives. Client recognizes that guarantees of profit or freedom from loss are impossible in foreign exchange trading. Client acknowledges that Client has received no such guarantees from MetaFX or from any of its representatives or any introducing agent or other entity with whom Client is conducting his / her MetaFX account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.
23. NO SEPARATE AGREEMENTS. Client acknowledges that Client has no separate agreement with Client’s broker or any MetaFX employee or agent regarding the trading in Client’s MetaFX account, including any agreement to guarantee profits or limit losses in Client’s account. Client understands that Client is under an obligation to notify MetaFX’s Compliance Department immediately in writing as to any agreement of this type. Further, Client understands that any representations made by anyone concerning Client’s account that differ from any statements Client receives from MetaFX must be brought to the attention of MetaFX’s Compliance Department immediately in writing. Client understands that Client must authorize every transaction prior to its execution unless Client has delegated discretion to another party by signing MetaFX’s limited power of attorney (“LPOA”). Any disputed transactions must be brought to the attention of MetaFX’s Compliance Department pursuant to the notice requirements of this Agreement. Client agrees to indemnify and hold MetaFX harmless from all damages or liability resulting from Client’s failure to notify MetaFX’s Compliance Department within one (1) business day of any of the occurrences referred to herein. All notices required under this section shall be sent to MetaFX at its home office.
24. JOINT ACCOUNTS. If this account is held by more than one person, all of the joint account holders are jointly and severally liable to MetaFX for any and all obligations arising out of transactions in the account and agree to be bound by all terms and conditions of this Agreement and other written agreements relating to the account. In addition, each person named on the account has authority: a) to trade for the account, b) to receive all correspondence and documents in respect to the account; c) to receive, deposit or withdraw money from the account; d) to execute agreements relating to the account;, and e) to deal with MetaFX fully in all matters. MetaFX has the authority to require joint action by the parties of the account in matters of the account. MetaFX has possession over the security of the account individually or jointly. In the event that MetaFX receives notice of a dispute between or conflicting instructions from joint account holders, MetaFX may, but is not required to, place restrictions on the account, including restrictions on withdrawals or transfers from an account, until MetaFX receives satisfactory documentation that the dispute has been resolved or all joint account holders give MetaFX joint instructions. In the event of the death of any of the account holders, the survivor(s) shall immediately give MetaFX written notice thereof, and MetaFX, before or after receiving such notice, may take such action, institute such proceedings, require such papers, retain such portion of the account, and restrict transactions in the account as MetaFX may deem advisable to protect MetaFX against any tax, liability, penalty, or loss under any present or future laws or otherwise. The estate(s) of any of the account holders who shall have died shall be liable, and the survivor(s) shall continue to be liable, to MetaFX for all obligations in the account in any way resulting from the completion of transactions initiated prior to the receipt of MetaFX of the written notice of the death of the decedent, or incurred in the liquidation of the account, or the adjustment of the interests of the respective parties. Each account holder is presumed to have equal share.
25. MANAGED ACCOUNTS. With regard to managed accounts, a Money Manager is a person or entity authorized to make decisions with respect to an account on behalf of the account’s beneficial owners, including a trustee, custodian, conservator, guardian, executor, administrator, attorney-in-fact, or investment advisor or other person to whom Client has granted trading authority over an account. Client understands and agrees that MetaFX may, but is not required to, review any action or inaction by a Money Manager with respect to an account and is not responsible for determining whether a Money Manager’s action or inaction satisfies the standard of care applicable to such Money Manager’s handling of the account. Client further understands and agrees that MetaFX is not responsible for determining the validity of a person’s or entity’s status or capacity to serve as a Money Manager. Client agrees to hold MetaFX and its officers, directors, employees, agents and affiliates harmless from any liability, claim, or expense, including attorneys’ fees and disbursements, as incurred, for the actions or non-actions of Client’s Money Manager.
26. AMENDMENT. The Customer hereby agrees that MetaFX may amend this Agreement by the Written Notice including but not limited to sending an email regarding the amendment of this Agreement to the Customer or by publishing the amended Agreement on the official Company's website whenever necessary. And the Customer shall be deemed to be bound by the terms of such amendment under this Agreement if the Customer enter any order other than a liquidating order or if the Customer does not liquidate the Customer's Open Positions and instruct MetaFX regarding the disposition of all assets in the Customer's Trading Account within 5 (five) Business Days after MetaFX has sent the Written Notice of such amendment on the terms of this Agreement to the Customer or has published the amended Agreement on its official website.
27. SEVERABILITY. This Agreement, any attachments hereto, and the terms and conditions contained in statements and confirmations, contain the entire agreement between the parties with respect to the subject matter hereof. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by any court, or regulatory or self-regulating agency or body, such provision shall be deemed modified, or, if necessary, rescinded in order to comply with the relevant court, or regulatory or self-regulatory agency or body. The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if such invalid or unenforceable provision or condition was not contained herein.
28. BINDING EFFECT. This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Client at any time opened or reopened with MetaFX irrespective of any change or changes at any time in the personnel of MetaFX or its successors, assigns, or affiliates. This Agreement including all authorizations, shall inure to the benefit of MetaFX and its successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Client and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Client. Client hereby ratifies all transactions with MetaFX effected prior to the date of this Agreement, and agrees that the rights and obligations of Client in respect thereto shall be governed by the terms of this Agreement.
29. TERMINATION. This Agreement shall continue in effect until termination, and may be terminated by Client at any time when Client has no open position(s) and no liabilities held by or owed to MetaFX upon the actual receipt by MetaFX of written notice of termination via e-mail, or at any time whatsoever by MetaFX upon the transmittal of written notice of termination to Client; provided, that such termination shall not relieve either party of any obligations set out in this Agreement nor shall it relieve Client of any obligations arising out of prior transactions entered into in connection with this Agreement.
30. INDEMNIFICATION. Client agrees to indemnify and hold MetaFX, its affiliates, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by MetaFX arising out of Client’s failure to fully and timely perform Client’s responsibilities herein or should any of the representations and warranties fail to be true and correct. Client also agrees to pay promptly to MetaFX all damages, costs and expenses, including attorney’s fees, incurred by MetaFX in the enforcement of any of the provisions of this Agreement and any other agreements between MetaFX and Client.
31. CROSS TRADE CONSENT. The undersigned hereby acknowledges and agrees that MetaFX may act as the counter-party to Client for any trade entered for the undersigned’s account. The undersigned hereby consents to any such transaction, subject to the limitations and conditions, if any, contained in the Rules or Regulations of any bank, institution, exchange or board of trade upon which such buy or sell orders are executed, and subject to the limitations and conditions.
32. TERMS AND HEADINGS. The term “MetaFX” shall be deemed to include MetaFX, its affiliates, divisions, successors and assigns; the term “Client” shall mean the party (or parties) executing the Agreement; and the term “Agreement” shall include all other agreements and authorizations executed by Client in connection with the maintenance of Client’s account with MetaFX regardless of when executed. The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.
33. ACCEPTANCE. This Agreement shall not be deemed to be accepted by MetaFX nor become a binding contract between Client and MetaFX until Client’s information is verified and approved by MetaFX.
34. JURISDICTION, VENUE, WAIVER OF JURY TRIAL AND SHORTENING OF LIMITATIONS PERIOD. Client agrees that any civil action or other legal proceeding between MetaFX or its employees or agents, on one hand, and Client on the other hand, arising out of or relating to this Agreement or Client’s account shall be brought, heard and resolved only by a legal entity located in the Republic of Vanuatu and Client hereby waives trial by jury in any such action or proceeding and waives the right to have such proceeding transferred to any other location. No action, regardless of form, arising out of or relating to this agreement or transactions hereunder may be brought by Client more than one year after the cause of action arose. Client hereby submits and consents to personal jurisdiction in any court of the Republic of Vanuatu.
35. GOVERNING LAW AND JURISDICTION. This Agreement, and the rights and obligations of the parties hereto, shall be governed by, construed and enforced in all respects by the laws of the Republic of Vanuatu without regard to choice of law principles.
36. RECORDINGS. Client agrees and acknowledges that all conversations regarding Client’s account(s) between Client and MetaFX personnel may be electronically recorded with or without the use of an automatic tone-warning device. Client further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding that may arise involving Client or MetaFX. Client understands that MetaFX destroys such recordings at regular intervals in accordance with MetaFX’s established business procedures and Client hereby consents to such destruction.
37. USE OF MetaFX’s WEB SITES. Web Sites refer to MetaFX’s Web sites (www.metafx.ai and additional Web sites that MetaFX may register). The Web sites provide Client with content and information. The content on the Web sites is provided as a convenience but may be inaccurate or outdated. Client agrees at all times to rely upon Client’s transaction confirmations and statements as the official records of Client’s account. Information is not related specifically to an Account. Information is financial or investment information provided by third parties to MetaFX that MetaFX provides to Client, which includes market data, news, research, financial analysis, commentary, or tools. The information on the Web sites is provided from sources believed to be reliable but cannot be guaranteed. The information provided on our Web sites is not customized for Client and Client understands that the information provided to Client is not a recommendation to Client about the suitability of a purchase and / or sale of any currency. MetaFX may without notice to Client change, revise, modify, add, upgrade, remove or discontinue any part of MetaFX’s Web sites. The Web sites may include hyperlinks to third-party web sites. MetaFX is not responsible for the information or content provided by such third party web sites.
38. MARKET DATA, NEWS AND OTHER INFORMATION. Client agrees that the market data, news and other information available to Client through our Web site is for Client’s personal use and that Client will not retransmit or republish this information in any form without the written consent of MetaFX.
—— Meta Forex Markets LTD