Very Important Notice
By either accepting this Agreement online, or by signing and sending us a paper copy of this Agreement, you are agreeing to be bound by the Terms and Conditions below.
If you do not agree to these Terms and Conditions, you may not use or access any Company services.
PLEASE READ THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITE OR ANY OF OUR SERVICES.
This Agreement sets out the terms and conditions (“Terms and Conditions”) on which South West Services, LLC and its affiliated companies (the “Company” or “us” or “we”):
- Makes available the CurrencyLiquidator.com website, which is made up of various webpages, mobile applications tools and utilities operated by the Company (the “Website”);
- Provides currency transactions, including the sale and purchase of foreign currency, through the Website (the “Services”); and
- Executes, as part of the Services, transactions at your request and on your behalf relating to foreign currency purchases and sales and in order to provide execution of spot and forward currency transactions (the “Transactions”).
The Website, and the Services are offered to you on the condition that you accept – without any modification – these Terms and Conditions. Your use of the Website and/or the Services constitutes and indicates your agreement to comply with these Terms and Conditions.
You may not access or use the Website or the Services and you may not accept these Terms and Conditions if you:
- Are not of legal age to form a binding contract within your legal jurisdiction, or
- Are a person who is barred from receiving the Services under the laws of the United States or any other jurisdiction.
South West Services, LLC reserves the right to change these Terms and Conditions without any notice to you. You are responsible for regularly reviewing these Terms and Conditions since such changed terms will govern your continued use of the Website and/or the Services.
USE OF THE WEBSITE AND THE SERVICES
In order to access certain parts of the Website or the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for such a service, or as part of your continued use of the Website or the Services. You agree that any registration information you give to us will always be accurate, correct and up to date.
You agree and understand that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access any portion of the Website or the Services. Accordingly, you agree that you shall be solely responsible to South West Services, LLC for all activities that occur under your account or user identity.
If you become aware of any unauthorized use of your user identity or your account, you agree to notify us immediately at [email protected]
PERSONAL AND NON-COMMERCIAL USE
The Website and the Services are for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Website or the Services. You may not use any Web scraper, spider or robot, or other computerized or automatic mechanism, to access, extract, and/or download any information from the Website or the Services, except for information on your personal Transactions.
You agree that you will not use the Website or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions.
The Website and the Services are not intended for use by, or distribution to, any person or entity in any jurisdiction where such distribution or use would be contrary to local laws or regulations.
You may not use the Website or the Services in any manner, which could damage, disable, overburden or impair the Website or the Services, the networks connected to the Website or the Services, or interfere with anyone else's use of the Website or the Services. You may not attempt to gain unauthorized access to the Website or the Services, other accounts, computer systems or networks connected to the Website or the Services by any hacking, mining of logon or password information, or other illegal or illicit means. You may not use any means other than those intentionally made available through the Website or the Services to obtain or attempt to obtain any materials or information; this prohibits you using any Web scraper, spider or robot.
Any Transaction that you undertake through the Website or the Services is subject to acceptance or rejection by the Company, in whole or in part, and we may cancel any Transaction at any time prior to the receipt of payment in full. Unless otherwise set forth in a separate Transaction agreement and unless you receive a written message from us to the contrary, our acceptance of a Transaction shall be evidenced solely by our actual completion of the Transaction with you, and we may change the purchase price for Transaction currency, in our sole discretion, with or without notice to you at any time before our receipt of your payment in full for the Transaction.
All Transactions are final and you will not have any right of return, replacement or refund.
You understand and agree that South West Services, LLC provides no advice regarding any Transaction and makes no representations as to the historic, present, or future value of any currency, prevailing prices for the purchase or sale of currency through third parties, the liquidity or volatility of currency as an investment, or the risks inherent in any such investment.
You should review South West Services, LLC’s Risk Statement for additional, important information about the risks involved in all Transactions.
THIRD PARTY INTERACTIONS
Any interactions with third parties included within the Website and the Services (for example, advertisers or linked service providers) or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such interactions or promotions are solely between you and such third parties. The Company is not responsible or liable for any part of any such interactions or promotions between you and third parties.
THIRD PARTY TOOLS
Our Website may contain tools that we have included in the Website for your use (the “Tools”). Although we have included these Tools on the Website, South West Services, LLC does not make any representations, warranties, or assurances with regard to the accuracy of the results or output that derives from use of any of these Tools. The Tools are copyrighted works of South West Services, LLC and/or its suppliers, and may be protected by copyright law and international treaty provisions.
If a Tool is accompanied by an end-user license agreement, your use of that Tool is governed by the terms of that agreement, and you must agree to the terms and conditions of that agreement in order to install and/or use the Tool. If a Tool is not accompanied by a license agreement, we hereby grant to you a revocable, personal, non-transferable license to use that Tool in accordance with these Terms and Conditions and for no other purpose. Despite this license that we are granting you, you must be aware that any reproduction, redistribution, reverse engineering, or de-compilation of any Tool is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Tools, nor to export or re-export the Tools, directly or indirectly, to any country or territory that is subject to U.S. export restrictions (such as embargoes). You may not use the Tools for any unlawful purpose or to violate the legal rights of others or in association with the sale of any service or product which is unlawful or which, in our reasonable opinion, would reflect negatively upon the reputation of our Company, the Website, the Services, or the Tools.
If you provide a link to South West Services, LLC’s Website on your website, you must not indicate or suggest that we are affiliated with you, that we endorse your information, products or services, or that we are sponsoring your website in any way. You also must not use any South West Services, LLC trademarks, copyrighted, or other Company proprietary materials without our express, prior written consent.
USE OF COMMUNICATION SERVICES
The Website and the Services may contain forums, chat groups, messaging services, or other communication services designed to enable you to communicate with us, and others (the “Communication Services”).
You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the Communication Services. You may not use the Communication Services to abuse, threaten, harass, make defamatory statements, or otherwise violate anyone else’s legal rights. You may not use the Communication Services to publish, distribute, or disseminate any discriminatory, obscene, profane, inappropriate, defamatory, indecent, or unlawful topic, message, material, or information, or to advertise or offer to sell or buy any goods or services.
The Company has no obligation to monitor the Communication Services, however we reserve the right to review materials posted to the Communication Services and to remove any materials in our sole discretion. We also reserve the right to terminate your access to the Communication Services at any time, without notice, for any reason whatsoever.
South West Services, LLC does not claim ownership of any materials or information you provide to us on the Website or through the Communication Services (your “Submission”); this includes any feedback or suggestions you may give to us, or any post, upload, input, or information you provide or submit to the Website for review by members of the general public, or by members of any public or private group. However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting the Company and its agents permission to use your Submission in connection with our operation of the Website and its other businesses; this permission includes the right to copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.
You agree that we do not have to pay you any compensation, or give you any consideration for our use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including the rights necessary for you to post, upload, input, provide, or submit your Submission.
NO INVESTMENT ADVICE
The information contained on the Website and the Services has no regard to your specific investment objective, financial situation, or particular needs. We do not endorse or recommend any particular currency, financial product, investment option, security, or course of action.
The content published on the Website and the Services is solely for informational purposes and is not to be construed as solicitation or any offer to buy or sell any spot or future currency transactions, financial instruments, or any securities. South West Services, LLC does not represent, warranty, or guarantee that any content on the Website or the Services is accurate, timely, or that such content is a complete statement or summary of the marketplace.
Nothing contained in the Website or the Services is intended to constitute investment, legal, tax, accounting, or other professional advice and you should not rely on the reports, data, or other information provided on or accessible through the use of the Website for making any financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided on the Website and the Services prior to making any decisions or entering into any Transaction.
NO REDISTRIBUTION RIGHTS
You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Website or the Services without our express, written permission, which we may withhold from you in our sole discretion.
The Website and the Services, any content or software that they may contain, or any content or software that is accessible through them, are all provided to you “As Is” and “As Available.” Except to the extent required by applicable law, South West Services, LLC no representations or warranties of any kind regarding:
- The accuracy, timeliness, or completeness of any information contained within, or available through, the access or use of the Website or the Services (including any currency exchange rates);
- The results obtained from accessing or using the Website or the Services; and
- Any information provided by third parties and accessible on or through the use of the Website or the Services.
Except to the extent required by applicable law, South West Services, LLC disclaims any express or implied warranties and conditions including, without limitation, any warranties as to non-infringement, merchantability or fitness for a particular purpose. South West Services, LLC also does not represent or warrant that the Website or the Services, or any content therein, will:
- Be uninterrupted, timely, secure, or error-free;
- Meet your requirements or expectations; or
- That defects will be corrected.
Any material downloaded or otherwise obtained through your access and/or use of the Website and/or the Services shall be done at your own discretion and your own risk. You will be solely responsible for any damage to your computer system or other device or loss of data or use that results from the downloading or obtaining such materials.
Your use of the Website and/or the Services is at your own risk and discretion, and you assume full and sole responsibility and risk of loss that you may suffer as a result of using or accessing the Website or the Services or any content thereon (including any downloads). Except to the extent that liability under any applicable law or regulation cannot be excluded, under no circumstances shall South West Services, LLC or its managers, officers, directors, employees, agents, vendors, suppliers, or distributors be liable to you or any third party for:
- Loss or damage or any kind whatsoever arising as a result of information (including, without limitation, currency exchange information) published on, or furnished through, the Website or the Services or any errors or omissions of the Website or the Services;
- Loss or damage of any kind whatsoever arising from Transactions, investment decisions, or purchases of third-party goods or services (including, without limitation, currency) based on information published on, or furnished through, the Website or the Services;
- Any indirect, special, incidental, punitive, tort, or consequential loss or damages; or
- Any other similar losses or damages under any theory of liability (whether in contract, tort, strict liability, or any other theory), that are directly or indirectly attributable to the use of, or the inability to use, the Website, the Services, or any content contained thereon, even if South West Services, LLC has been informed of the possibility of such losses or damages.
In no event will South West Services, LLC be liable to you for any damages in an amount in excess of the value of the single transaction that gives rise to your claim(s). This limitation of liability is designed to be a waiver of liability in accordance with Section 2-719 of the Uniform Commercial Code (UCC). You can read this Section of the UCC here.
No advice or information, whether oral, written, or digital, obtained by you from South West Services, LLC whether through the Website, the Services, or any other means, shall create any warranty not expressly stated in these Terms and Conditions.
If you are dissatisfied with any portion of the Website, or any of the Services, or any of these Terms and Conditions, your sole and exclusive remedy is to discontinue use of the Website and the Services.
You agree to indemnify and hold South West Services, LLC, its parent, subsidiaries, affiliates, managers, directors, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees at all trial and appellate levels, asserted by any third party or arising out of your use of, or conduct on, the Website or the Services. These Indemnification provisions will survive any termination or expiration of these Terms and Conditions.
You acknowledge and agree that South West Services, LLC own all legal right, title, interest, and benefit in and to the Website and the Services.
The Website and the Services are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic, text or image from the Website or the Services may be copied or retransmitted without the express prior written permission of South West Services, LLC.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), which may be affixed to or contained within the Website or the Services.
The following provisions govern any disputes between you and South West Services, LLC. Please review these provisions carefully.
These Dispute provisions are intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship.
Any dispute or claim relating in any way to your use of the Website or the Services – including all Transactions – whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved by one-on-one binding arbitration, rather than in court and in class action law suits. The Federal Arbitration Act and federal and state arbitration laws will apply. These Dispute provisions will survive any termination or expiration of these Terms and Conditions.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms and Conditions just as a court would.
You must first present any claim or dispute to us by contacting our Customer Service department to allow us an opportunity to resolve the dispute. You may then request arbitration if your claim or dispute cannot be resolved within 60 days. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our address. The arbitration will be conducted in Miami, Florida (USA), in the English language, before one arbitrator, and will be conducted by JAMS (http://www.jamsadr.com/). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. An arbitrator may not award relief in excess of or contrary to what these Terms and Conditions provide, Transaction consolidation, or arbitration on a class-wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Judgment on any award may be entered in any court having jurisdiction.
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
By using the Website and/or the Services, you are agreeing to give up the right to punitive or exemplary damages, or to pursue class-action or representative claims against us.
Your use of the Website and/or the Services shall be subject to all applicable laws and regulations. We may enforce these Terms and Conditions in the jurisdiction of any South West Services, LLC affiliate. Certain sections or pages of the Website may contain separate terms or conditions. In the event of any conflict, these separate terms and conditions (if any) will govern for those sections or pages.
You agree that your use of the Website and/or the Services will not create any joint venture, partnership, employment or agency relationship between you and us. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
These Terms and Conditions constitute the entire legal agreement between you and South West Services, LLC and govern your access and use of the Website and/or Services, completely replacing any prior agreements between you and South West Services, LLC with respect to any and all matters.
You specifically authorize us to submit your name and other personal information to state, federal, and/or international authorities (such as Interpol, the Office of Foreign Assets Control and others) as necessary or advisable, in our sole opinion and discretion, in order to comply with the Bank Secrecy Act, the USA PATRIOT Act, and any other laws or regulations. You further understand and agree that we may contact you to confirm that any information you have provided is accurate or to request additional information from you, and that we may take other steps to assist in the verification of the information you have provided. You agree that we may provide you with notices, including those regarding changes to these Terms and Conditions, by email, regular mail, or postings on the Website.
You agree that, if we do not exercise or enforce any legal right or remedy provided under these Terms and Conditions, or that we may have under any applicable law or regulation, that such inaction does not constitute a waiver of any of South West Services, LLC's rights.
You acknowledge and agree that any business entity that is an affiliate of South West Services, LLC (for example, its parent, a subsidiary, or a company under common control) shall be a third party beneficiary to these Terms and Conditions and shall be entitled to directly enforce, and rely upon, any provision of these Terms or Conditions that confers a benefit on the affiliate. Other than our affiliates, no other person or entity shall be a third-party beneficiary to these Terms and Conditions.
These Terms and Conditions, and your relationship with South West Services, LLC under the Terms and Conditions, is governed by the laws of the State of Florida (USA), without regard to any principles of conflicts of laws that might otherwise direct the application of the laws of another jurisdiction. Notwithstanding this, you agree that South West Services, LLC shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, without posting any bond or collateral.