Terms of Use

Please read these Terms of Use carefully before purchasing, accessing or using any of our Programs, Products and Services.

Our Programs, Products, and Services are owned and operated by Prophet Enterprises, LLC ("Company", "we", or "us"). The term "you" refers to any purchaser and/or user of any of our Programs, Products and/or Services.

These Terms of Use ("Terms of Use") state how you may use our Programs, Products and Services and Program Materials, and their content. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.

By using any of our Programs, Products and Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Programs, Products and Services.

These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of our Programs, Products or Services, you agree to abide by these Terms of Use as well as our Guarantee Policy, and Privacy Policy, and any other terms and conditions that may apply, and you are required to act in accordance with them. Accessing, purchasing or using our Programs, Products, Services or Program Materials, in any manner constitutes use of the Program, Products, Services and Program Materials, and your agreement to be bound by these Terms of Use.

CAPITAL GUARANTEE: If your trading account is reduced to zero within 180 days of using Forex Fortune Factory products, we will reimburse your full lost capital plus every membership fee you have paid. This guarantee is subject to verification that our software was used as instructed. We are confident enough in our algorithms to take on the risk ourselves. Our systems have been stress-tested across 15+ years of market data, and we stand behind them with our own capital.

All of our Programs, Products, Services and Program Materials are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Program, Product, Service or Program Materials by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs, Products, or Services or our Program Materials, you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the Program Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Program Materials, trading algorithms, software files, educational content, or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Program Materials through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Programs, Products and Services, and Program Materials with permission and restrictions. This means that when you purchase a Program, Product or Service from our Website or otherwise, you are purchasing the limited right to use the Program Materials in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

You are permitted to use our Programs, Products, Services and Program Materials as follows:

You may download and/or install Program Materials, including trading software files, for your own personal trading use.

You are not permitted to share, sell, reprint, reverse-engineer, or republish any of our Program Materials, including trading algorithms, software files, or educational content, for resale or distribution purposes.

Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent.

Information You Are Prohibited from Sharing with Others

As a Licensee, you understand and acknowledge that our Programs, Products and Services and the Program Materials, including but not limited to our trading algorithms, expert advisors (EAs), software configurations, and educational content, have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.

When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them, including any trading algorithm, EA file, strategy logic, or software configuration.

You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.

You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials, including modifying, copying, reproducing, republishing, uploading, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium any Program Materials.

You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person for personal use, business/commercial use, or in any way that earns them money.

You will not violate our intellectual property rights, including copyright and trademark rights.

You will not reprint or republish any part of our Programs, Products, Services or Program Materials for compilation into your own products, programs, services or program materials.

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by us of your Website or Content. However, you may not frame or inline link our Content without our written permission.

Your License to Us

By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. When you submit or post any such content, you are granting us an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose.

Media Release

By participating in our Programs, Products and Services, and using our Program Materials, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these materials in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time.

Request for Permission to Use Content

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, should be made BEFORE you wish to use it by contacting us at [email protected] or through our website at www.forexfortunefactory.com.

Security

When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information ("Confidential Information"). By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Products, Services and Program Materials are for informational and educational purposes only. Trading foreign exchange involves substantial risk of loss and is not appropriate for all investors. You agree and understand that you assume all risks and no trading results are guaranteed in any way related to our Programs, Products, Services and Program Materials, except as expressly stated in our Capital Guarantee. You are solely responsible for your trading decisions, actions, and results.

Disclaimer

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any trading losses, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, loss of income or revenue, loss of business, loss of data, loss of goodwill, or any other loss or damage of any kind, however caused, even if foreseeable.

Financial and Trading Disclaimer

Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as financial, investment, or trading advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional financial advice that can be provided by your own accountant, licensed financial advisor, or broker. Do not make trading or investment decisions based solely on information from our Programs, Products, Services, or Program Materials without seeking independent advice. Forex trading involves significant risk of loss and is not suitable for all investors. Leverage can work against you as well as for you. Past performance of our algorithms is not necessarily indicative of future results.

Legal Disclaimer

Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as legal advice. We are not giving legal advice in any way. You are hereby advised to consult with your own lawyer for any and all legal questions and concerns. You agree that we are not responsible for your decisions, the success or failure of your trading or business decisions, or any other result of any kind that you may have as a result of information presented to you through our Programs, Products, Services, and Program Materials. You are solely responsible for your results.

Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to future income, trading profits, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials, except as expressly covered by our Capital Guarantee. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Programs, Products, Services and Program Materials and you accept and understand that results differ for each individual.

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT OR TRADING SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Technology Disclaimer

We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. To the fullest extent permitted by law, we will not be liable to you for damages or refunds should our Programs, Products, Services or Program Materials become unavailable due to system maintenance, internet traffic, upgrades, server overload, general network failures or delays, or any other cause.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials. Because financial markets and trading conditions are constantly evolving, we cannot be held responsible or accountable for the accuracy of our content at any given time. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties. These links are provided for your convenience and the inclusion of any link does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and are not responsible for the views, opinions, facts, advice, or statements provided by external resources, or their accuracy or reliability. It is your responsibility to review the terms and conditions and privacy policies of those linked websites.

Indemnification, Limitation of Liability and Release of Claims

Indemnification. You agree at all times to defend, indemnify and hold harmless Prophet Enterprises, LLC, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products, Services or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.

Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services or Program Materials. We do not assume liability for trading losses, accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, or otherwise, due to any act or default of anyone or any business affiliated with us, except as expressly covered by our Capital Guarantee.

Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, and you hereby release us from any and all claims, including without limitation those related to trading losses, lost profits, personal or business interruptions, or misapplication of information, except as expressly covered by our Capital Guarantee.

Your Conduct

You are agreeing that you will not use our Programs, Products, Services or Program Materials in any way that causes or is likely to cause them to be interrupted, damaged or impaired in any way. You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials for fraudulent purposes, to send illegal or harmful material, to send spam, to cause annoyance or needless anxiety, to impersonate any third party, or to reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use.

Communication Guidelines

If you have a question or concern about your Programs, Products, Services, or Program Materials, you may contact us at www.forexfortunefactory.com or by phone at +1 (877) 315-3679, or by email at [email protected] and we will do our best to reply promptly.

Purchases and Online Commerce

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

All information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. You agree to be financially responsible for all purchases made by you or someone acting on your behalf.

Since we have a clear and explicit Guarantee Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company outside of our stated guarantee terms. In the event that a chargeback is placed on a purchase or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by reaching out to us at [email protected] or +1 (877) 315-3679.

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials. All of the terms of this Terms of Use, including all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, and release of claims will still apply after termination.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must contact us at [email protected] and include all of your reasons for dissatisfaction with your Program, Product or Service.

You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your payment made to date, or enforcement of our Capital Guarantee where applicable. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Casper, Wyoming 82609, and the prevailing party shall be entitled to all reasonable attorneys' fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

Confidentiality and Privacy

To use our Programs, Products, Services or Program Materials, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, preferences, interests, or other personally-identifying information ("Confidential Information"). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website at www.forexfortunefactory.com.

We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. We may use such data for internal record keeping, to improve our Programs, Products, Services or Program Materials, to periodically send promotions about new Programs, Products or Services, for aggregate non-identifiable data for research purposes, to customize services according to your interests, and for support or communication related to your Program, Product, Service or Program Materials.

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except as required by law, to comply with legal process, to protect and defend our rights or property, or to act as immediately necessary in order to protect the personal safety of our users or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

If you have any questions about any term of these Terms of Use, please contact us at [email protected] or call +1 (877) 315-3679.