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TERMS AND CONDITIONS AND DISCLAIMERS

MEMBER RESPONSIBILITIES

As an INTERMEX MEMBER, you will be responsible for the fulfillment and logistics of all confirmed transactions including physical delivery (if required) and the full payment. In the event of default, there will be a penalty assessed to the defaulting party and rewarded to the other party in the amount of 10% of the entire contract. INTERMEX reserves the right to withdrawal the default fee from the Member’s INTERMEX account. INTERMEX is not liable for any damages caused by Member usage, misusage including delays and defaulting on confirmed contracts.

ELECTRONIC SIGNATURES

All parties (INTERMEX Members and Users) agree that the electronic signature of a party to this Agreement shall be as valid as an original signature of such party and shall be effective to bind such party to this Agreement. The parties agree that any electronically signed document (including this Agreement) shall be deemed (i) to be “written” or “in writing,” (ii) to have been signed and (iii) to constitute a record established and maintained in the ordinary course of business and an original written record when printed from electronic files. Such paper copies or “printouts,” if introduced as evidence in any judicial, arbitral, mediation or administrative proceeding, will be admissible as between the parties to the same extent and under the same conditions as other original business records created and maintained in documentary form. Neither party shall contest the admissibility of true and accurate copies of electronically signed documents on the basis of the best evidence rule or as not satisfying the business records exception to the hearsay rule. For purposes hereof, “electronic signature” means a manually-signed original signature that is then transmitted by electronic means; “transmitted by electronic means” means sent in the form of a facsimile or sent via the internet as a “pdf” (portable document format) or other replicating image attached to an e-mail message; and,“electronically signed document” means a document transmitted by electronic means and containing, or to which there is affixed, an electronic signature.

DURATION OF MEMBERSHIP SUBSCRIPTION – INTERMEX

Subscriptions to INTERMEX and subsequent software offerings are on an annual and continuous service basis; this means that once you receive access to the product by obtaining a username and password, billing begins and your subscription will automatically renew based on an annual calendar date billing cycle, until you tell INTERMEX, INC (hereinafter “INTERMEX”) and/or its authorized seller to cancel pursuant to the cancellation policy below.

ACCESS TO SERVICES

Only individuals authorized by INTERMEX and/or its authorized sellers may access and use the online services provided by INTERMEX. If you have any questions regarding INTERMEX’s authorized sellers, please contact us at soporte@miintermex.com.

Products, materials and features may be added to or withdrawn from the online services and the online services may otherwise be changed without notice.

TERMINATING YOUR SUBSCRIPTION – CANCELLATION POLICY

INTERMEX and/or its authorized sellers reserves the right to change the subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by INTERMEX and/ or its authorized sellers immediately upon notice to you. Continued use of the services and materials following any change constitutes acceptance of the change.

INTERMEX and/or its authorized sellers may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations as described in your product agreement/order form. You may terminate a subscription to the products, services and materials by providing notice to INTERMEX and/or its authorized sellers in writing. Notice of the intent to terminate must be received 5 days before your billing date. Set up fees and yearly subscriptions are not refundable in whole or in part.

RISK DISCLAIMER

INTERMEX, INC MAY ALLOW FOR OPPORTUNITIES TO SPECULATE AND HEDGE WITHIN THE MARKETPLACE PLATFORM. TRADING ANY PRODUCTS ON MARGIN CARRIES A HIGH LEVEL OF RISK, AND MAY NOT BE SUITABLE FOR ALL INVESTORS. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. THE HIGH DEGREE OF LEVERAGE CAN WORK AGAINST YOU AS WELL AS FOR YOU. BEFORE DECIDING TO INVEST IN ANY PRODUCT YOU SHOULD CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, AND RISK APPETITE. THE POSSIBILITY EXISTS THAT YOU COULD SUSTAIN A LOSS OF SOME OR ALL OF YOUR INITIAL INVESTMENT AND THEREFORE YOU SHOULD NOT INVEST MONEY THAT YOU CANNOT AFFORD TO LOSE. YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED WITH YOUR EMPLOYED STRATEGIES, AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.

EDUCATION SERVICES

INTERMEX does not hold itself out as an Investment or Trading Advisor. Given this representation, all information and material provided by INTERMEX is for educational purposes only and should not be considered specific investment advice. INTERMEX is not providing this information as advice, nor are we providing this information based on or tailored to your specific circumstance, usage or trading activity. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional.

HYPOTHETICAL RESULTS DISCLAIMER

Results based on simulated or hypothetical performance results have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

The information presented is based, in part on simulated trading using systems and education developed exclusively by INTERMEX. A simulated result does not represent actual trading. Please note that simulated trading results may or may not have been back-tested for accuracy and that spreads/commissions are not taken into account when preparing hypothetical results.

THIRD PARTY

Any links provided to other websites are offered as a matter of convenience and in no way are meant to imply that INTERMEX endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses or warrants any information contained on those sites, unless expressly stated. Furthermore, INTERMEX does not endorse, guarantee or warranty any third party products advertised on its site, in its promotional materials, or otherwise referenced in any information provided by INTERMEX or derived from INTERMEX’s website, and INTERMEX expressly disclaims any responsibility and accepts no liability with respect to such information and products. INTERMEX may receive a fee from a service provider that has a link or advertisement on INTERMEX’s website or is referenced in the information provided by INTERMEX.

INTERMEX TRADER MARKET OPINIONS

Statements regarding income, whether expressed or implied, do NOT represent a guarantee. Any opinions, news, research, analysis, prices, or other information contained on this website or other promotional material is provided as general market commentary, and does not constitute investment advice or a solicitation to buy or sell any contracts or products of any type. INTERMEX will not accept liability for any loss or damage, including without limitation to any loss of profit, which may arise directly or indirectly from use of or reliance on such information.

ACCURACY OF INFORMATION

The content on this website is subject to change at any time without notice. INTERMEX has taken reasonable measures to ensure the accuracy of the information on this website, however, does not guarantee its accuracy, and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this website or distributed through other means. There are no explicit or implicit warranties of accuracy or timeliness made by INTERMEX or its affiliates.

TELEPHONE CALL MONITORING AND RECORDING

INTERMEX may monitor and record telephone calls made to or from our offices for quality control and training purposes.

DISTRIBUTION

This site is not intended for distribution, or use by, any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments referred to on this website are available to persons residing in any country where the provision of such services or investments would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.

OUR COMMITMENT TO CHILDREN’S PRIVACY

Users of this website must be at least (18) years of age and have the legal authority to accept the General Disclaimer and Terms and Conditions. INTERMEX does not knowingly collect or solicit information from anyone under the age of 18. If you are under the age of 18, you should use this website only with the involvement of a parent or guardian and should not submit any personal information to us. Additionally, we do not solicit, collect, or maintain information at our website from those we actually know are under the age of thirteen (13).

PROPRIETARY INFORMATION

You acknowledge and understand that INTERMEX has devoted a substantial amount of time and effort, and has incurred substantial costs, in developing its Proprietary Information. INTERMEX’s Proprietary Information is not in the public domain and reasonable steps are continuously taken to ensure that this Proprietary Information remains secret. The term “Proprietary Information” shall mean trade secrets, confidential knowledge, data or any other proprietary information of INTERMEX. By way of illustration but not limitation, “Proprietary Information” includes trade secrets, inventions, ideas, patterns, processes, formulas, trading methods, source and object codes, data, programs, compilations, written training course materials, know-how, improvements, discoveries, publications, developments, education courses, designs and techniques, information regarding plans for research, development, new products, marketing and selling materials and methods, business plans, budgets and unpublished financial statements, licenses, methods of operations, prices and costs, business practices, customer sources and lists, and suppliers. INTERMEX derives economic value, both actual and potential, from not having its Proprietary Information generally known or ascertainable by other persons who can obtain economic value from its unauthorized disclosure or use. Such Proprietary Information may not be used, reproduced, or disclosed to any other parties for any other purpose without the expressed written permission of INTERMEX. Specifically, you agree that you shall not for any reason, at any time, without the written consent of INTERMEX, disclose to any person or entity any of INTERMEX’s Proprietary Information.

INTELLECTUAL PROPERTY RIGHTS

INTERMEX and/or its licensors own the web portals, any content, and any copy, derivative work, improvement, derivation, translation, and/or transliteration of the website, or web portals, or any of the content, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights whatsoever, existing wherever and under whatever law, in and to this website/web portal, any page hereof, and any content (“Intellectual Property Rights”). Except solely for the right to access and use its website, the web portal and the content as expressly set forth in the Terms and Conditions, INTERMEX does not grant the customers, students, and/or affiliates any right, title, interest, or license in to or regarding the same, and the customers, students, and/or affiliates may not use or utilize in any way, the website, the web portal, any content, any Intellectual Property Rights, or any such copy, derivative work, improvement, derivation, translation, and/or transliteration. such steps as requested by the Company to ensure and cause such assignment and transfer to the fullest extent possible under applicable law.

The trademarks, service marks, trade names, logos, domain names, and other names, marks and source identifiers displayed on or used with the INTERMEX’s website or its web portal are owned by the INTERMEX or its third parties, and the website’s trade dress is owned by the INTERMEX (collectively, the “Marks”). All Marks not owned by the Company are the property of their respective owners, and are used by the INTERMEX with permission. Nothing contained on the INTERMEX’s website may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Mark without the express written permission of the INTERMEX or its third-party rights holder.

UNAUTHORIZED USE, ASSIGNABILITY AND OWNERSHIP

Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from INTERMEX products and services. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or material.

All rights, title and interest in the products, materials and services provided (in print, online, or machine-readable forms) belong to INTERMEX You acquire no proprietary interest in the products, services, materials, or copies thereof.

LIMITATION OF LIABILITY

In no event shall INTERMEX be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. INTERMEX members/users are fully responsible to fulfill all orders and transactions that have been confirmed on the platform. In no event shall INTERMEX total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for your product/subscription.

DISCLAIMER OF WARRANTY

ANY AND ALL INFORMATION PROVIDED BY INTERMEX OR DERIVED FROM INTERMEX’S WEBSITE IS PROVIDED “AS IS” AND INTERMEX MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

INTERMEX DOES NOT REPRESENT OR WARRANT THAT ANY OF THE INFORMATION AND RESOURCES PRESENTED ON ITS WEB PAGES, ITS ADVERTISER’S WEBSITES, OR ON THE INTERNET GENERALLY, WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND MATERIALS PROVIDED OR THE SERVER FROM WHICH IT IS ACCESSED ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

ATTORNEY’S FEES

INTERMEX. shall be entitled to recover from Member all of its costs and expenses, including reasonable attorneys’ fees, incurred by INTERMEX in connection with enforcing its rights and/or recovering for a breach of any agreement with INTERMEX.

GOVERNING LAW

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF TEXAS WITHOUT REFERENCE TO ITS CONFLICT OF LAWS PROVISIONS AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

VENUE AND CONSENT TO JURISDICTION

Any dispute arising under or in connection with this Agreement, or related to any matter which is the subject of this Agreement, shall be subject to the exclusive jurisdiction of the Distrito Federal, Mexico. You hereby consent to the said Distrito Federal, Mexico and irrevocably agree that all actions or proceedings relating to this Agreement or any amendment thereof shall be litigated in such Court. You hereby waive any objection, which you may have based on improper venue or forum non conveniens.

ACKNOWLEDGEMENT AND AGREEMENT

By using the services offered by INTERMEX, or using this website the user agrees that the author and any other entities associated with the INTERMEX shall not be held liable for any direct, indirect, consequential loss or any damages whatsoever arising from this usage, or the use of any information, signals, messages, education, and any other information contained or disseminated in regard to its use and understanding. Use this site and the services offered by INTERMEX at your own risk. Neither guarantees of performance results nor any anticipated return on investment is offered at any time. Past performance is no guarantee of future results. None of the information provided by INTERMEX constitutes a solicitation to trade, buy or sell any product or contract.

By using the INTERMEX website and other services provided, you agree not to hold INTERMEX, or any of its affiliates, liable for decisions that are based on information contained in blog posts, reader responses to blog posts, or information anywhere else on their website or in promotional material.

Notwithstanding any other agreement or other communications between INTERMEX subscribers, members and students or potential students to the contrary, receiving or using any material provided by INTERMEX or accessing or using INTERMEX’s website, at any time and through any means, whether directly or indirectly, represents acknowledgement and agreement by such person of the foregoing Terms and Conditions, and Disclaimers.

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