Franklin Global Capital

 

TERMS AND CONDITIONS OF USE & SERVICE
IMPORTANT READ CAREFULLY

GENERAL TERMS OF USE AND SERVICE


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY READING, ACCESSING, ENGAGING DIRECTLY OR INDIRECTLY AND USING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW IN ADDITION TO THE DISCLOSURE AGREEMENT (CLICK HERE), FRANKLIN GLOBAL CAPITAL LLC AKA FG CAPITAL LLC AS WELL AS ITS SUBSIDIARIES AND AFFILLIATES REQUEST THAT YOU IMMEDIATELY AND INDEFINITELY DISCONTINUE YOUR USE OF THIS SITE DIRECTLY AND/OR INDIRECTLY AND ANY PAGES THEREOF.

Systematic Risk

Franklin Global Capital LLC aka FG Capital, LLC, relies extensively on computer programs and systems to make investment decisions, evaluate real-time currency trading information, monitor its portfolio and net capital, and generate risk management and other reports that are critical to oversight of the Company’s activities. These programs and systems may not be able to accommodate increasing volumes of transactions, constraining the Company’s ability to perform the tasks outline above. Additionally, the Company’s operations may interface with or depend on programs and systems operated by third parties, including brokers and market counterparties and their respective sub-custodians, as well as other service providers, and the Company may not be in a position to verify the risks or reliability of such third party programs or systems. All programs and systems are subject to certain defects, failures, or interruptions, including, but not limited to, those caused by worms, viruses, and power failures. Any such defect or failure could cause settlement of trades to fail, lead to inaccurate accounting, recording, or processing of trades, and result in inaccurate reports, which may affect the Company’s ability to perform the tasks outlined above. Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be liable for any losses caused by program or system defects, interruptions, or failures.

Content
Any content provided on this website, including market opinions, reports, news, research, analyses, and prices or quotes, does not constitute investment advice. Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be liable for any loss incurred in reliance upon or use of such content by an investor. Additionally, Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be liable for any inaccurate content provided on this website.

User Risks
Franklin Global Capital LLC aka FG Capital, LLC, has taken the appropriate steps to minimize the risk of communication errors or system failures related to this website; however, Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be liable for any loss caused by such an error, failure, or other problem associated with the website.

The Franklin Global Capital LLC aka FG Capital, LLC Message Boards, Discussion Boards, Forums, Social Networks, and all related Mediums
These interactive Message Boards, Discussion Boards, Forums, Social Networks, and all related means of virtual communication and anything else related is intended solely as a medium for individuals wishing to share or exchange ideas, opinions, and information with peers. Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, as well as its subsidiaries and affiliates does not endorse or promote any particular idea, opinion, or information present in the social mediums and the user employs such ideas, opinions, and information at their own risk and acknowledges that Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates will not be held liable for any losses or damages arising out of use of such ideas, opinions, and information or for any reliance thereupon.

All views, comments, and information made available herein are solely the opinions of third-party individual users, the accuracy of which has not been passed upon by Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates. Additionally, though it is prohibited for users to post obscene, illicit, or other offensive and illegal language or graphics in this interactive forum and Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates will attempt to remove such posts when brought to the company’s attention, there is some risk that any such offensive or illegal materials may be present in the social mediums at any given time. By using the social mediums, the user acknowledges that Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates has communicated the risk that information posted herein is potentially false, misleading, offensive, or illegal and agrees to hold Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates harmless for any loss or damage caused by such materials.

SOFTWARE TERMS OF USE AND SERVICE
THIS TERMS AND CONDITIONS OF SOFTWARE/SERVICE AGREEMENT (“Agreement”) is made between Franklin Global Capital LLC aka FG Capital, LLC (the “Vendor”, “Company”) and any person(s) or user (s) (the “Licensee”, “User”, “Investor”) who installs the Software as defined under the EULA section of this agreement and/or completes the registration process with the Vendor Franklin Global Capital LLC aka FG Capital, LLC.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY READING THIS AGREEMENT, PROVIDING A MACHINE ID, ACCESSING, USING OR INSTALLING ANY PART OF THE SOFTWARE, USER (the “Licensee”) EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.  IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN THE VENDOR IS UNWILLING TO PROVIDE SOFTWARE ACCESS AND THE USER (the “Licensee”) MUST NOTIFY THE VENDOR INDICATING SUCH DISAGREEMENT AND THE VENDOR SHALL CANCEL THIS TRANSACTION AND USER (the “Licensee”) MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SOFTWARE AND WILL NOT RECEIVE A LICENSE TO USE THE SOFTWARE.  THIS AGREEMENT IS APPLICABLE FOR ALL RELEASED VERSIONS OF THE SOFTWARE OFFERED THROUGH THE VENDOR INCLUDING SUCH AS BUT NOT LIMITED TO TEST OR BETA VERSIONS. THE SOFTWARE IS PROTECTED BY ALL KNOWN COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES IN ADDITION TO OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. PLEASE NOTE THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT IS SUBJECT TO RETROACTIVE AND FUTURE CHANGES. THIS AGREEMENT AS IT MAY BE CHANGED PERIODICALLY COULD APPLY TO YOU DIRECTLY OR INDIRECTLY, IT’S IMPERATIVE THAT YOU SHOULD REVIEW THE TERMS AND CONDITIONS OFTEN. THE VENDOR SHALL PROVIDE NOTICE TO USERS/LICENSEE OF TERMS AND CONDITION CHANGES BY POSTING THE UPDATED TERMS/AGREEMENT ON VENDOR’S WEBSITE OR THROUGH OTHER ELECTRONIC MEDIUMS/SOURCES SUCH AS BUT NOT LIMITED TO EMAIL.  USERS/LICENSEE SHALL HAVE THE OPPORTUNITY TO REFUSE THE CHANGES SOLELY BY REQUESTING TERMINATION OF ACCESS TO THE SOFTWARE.

Disclaimer
U.S. Government Required Disclaimer - Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any Indicator set or methodology is not necessarily indicative of future results.

CFFC Rule § 4.41 Regarding Hypothetical Performance-These results are based on simulated or hypothetical performance results that 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.

General Risk Warning
Trading financial instruments such as but not limited to off-exchange foreign currencies, Futures, ETFs, Equities and Indexes is a challenging and potentially profitable opportunity for educated and experienced investors. However, before deciding to participate in any of these markets, you should carefully consider your investment objectives, level of experience and risk appetite. Most importantly, do not invest money you cannot afford to lose. There is considerable exposure to risk in any financial market transaction, including, but not limited to, leverage, creditworthiness, limited regulatory protection and market volatility that may substantially affect the price, or liquidity of a financial instrument such as but not limited to off-exchange foreign currencies, Futures, ETFs, Equities and Indexes.

Forex Market Risks
The Forex Market can be extremely volatile and there are a number of significant risks associated with currency trading. Currency prices can be influenced by, among other things: trade, fiscal, monetary, and exchange control programs and policies of foreign or domestic governments; macroeconomic shifts and changes; political and economic events; international interest rate changes and inflation; currency devaluation; and rapidly changing market sentiment. Additionally, currency trading is highly speculative and the Forex Market is very lightly regulated. Due to the high level of risk associated with currency trading, use of this Software to access the Forex Market is restricted solely to investors who fully comprehend the risks involved. Use of this Software constitutes an acknowledgement by the user that these serious risks exist and that Franklin Global Capital LLC aka FG Capital, LLC (FGC), as well as its subsidiaries and affiliates, shall not be held liable for any loss incurred by such investor’s use of the Software.

Systematic Risk
Franklin Global Capital LLC aka FG Capital, LLC, relies extensively on computer programs and systems. Additionally, the Vendor’s operations may interface with or depend on programs and systems operated by third parties, including brokers and market counterparties and their respective sub-custodians, as well as other service providers, and the Company may not be in a position to verify the risks or reliability of such third party programs or systems. All programs and systems are subject to certain defects, failures, or interruptions, including, but not limited to, those caused by worms, viruses, and power failures. Any such defect or failure could cause settlement of trades to fail, lead to inaccurate accounting, recording, or processing of trades, and result in inaccurate reports.  Franklin Global Capital LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be liable for any losses caused by program or system defects, interruptions, or failures.

Leverage
The use of leverage in currency trading greatly compounds the sizable risks associated with currency trading and can potentially result in a loss of all or substantially all investment assets. Moreover, the leveraged nature of Forex trading means that any market movement will have an equally proportional effect on your deposited funds. This may work against you as well as for you. The possibility exists that you could sustain a total loss of initial margin funds and be required to deposit additional funds to maintain your position. If you fail to meet any margin requirement, your position may be liquidated and you will be responsible for any resulting losses. To manage exposure, employ risk-reducing strategies such as 'stop-loss' or 'limit' orders.” Franklin Global Capital, LLC aka FG Capital, LLC, as well as its subsidiaries and affiliates, shall not be held liable for any loss incurred by an investor as a result of the use of leverage.

Historical Performance
Representations concerning historical trends and performance of Franklin Global Capital LLC aka FG Capital, LLC, its subsidiaries and affiliates, and any financial market provide merely a general suggestion about potential future results. Such representations are neither a prediction nor a guarantee of future trends and performance. No matter what the historical trends and performance of Franklin Global Capital LLC aka FG Capital, LLC, its subsidiaries and affiliates, each investment in financial instrument such as but not limited to off-exchange foreign currencies, Futures, ETFs, Equities and Indexes can potentially result in a loss of all or substantially all investment assets.

End User License Agreement (“EULA”)

License
1.     Under this End User License Agreement (the "Agreement"), Franklin Global Capital LLC aka FG Capital, LLC (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use Franklin Indicators such as but not limited to the Franklin Market Oscillator (the "Software"), Franklin Levels (the "Software"),  Franklin Volatility Gauge (the "Software"), Franklin Trend Index (the "Software"), Franklin Market Gauge (the "Software"), Franklin Dollar Index (the "Software"), Franklin Beta (β) (the "Software"), Franklin Trend Gauge (the "Software"), Franklin Ratios (the "Software"), Franklin Strength Gauge (the "Software"),Franklin Volatility Index (the "Software")  and/or Franklin Magnitude Gauge (the "Software").

2.     "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

3.     Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

4.     The Software may be loaded onto no more than one computer. You are purchasing a single user license which may not be transferred or resold. Under no circumstances may the software be copied, distributed, disclosed, disseminated or communicated in any way or form to a third party.

5.     The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

6.     The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

7.     Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee

8.            The original purchase price paid by the Licensee will constitute the entire license fee and is the full consideration for this Agreement. All sales are final thus there are no refunds under any circumstances.

Limitation of Liability

9.            The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

10.          The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

11.          The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations
12.          The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance
13.          All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.

User Support
14.          No user support or maintenance is provided as part of this Agreement.

Term
15.          The term of this Agreement will begin on Acceptance and is perpetual.

Termination
16.          This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure
17.          The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as an act of God, earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Governing Law
18.          The Parties to this Agreement submit to the jurisdiction of the courts of the State of Michigan for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Michigan. This software is only to be used and distributed in those countries and jurisdictions where such use or distribution is not a violation of local law. Each user must ascertain for themselves whether use of the software contravenes the applicable laws and regulations of the Licensee’s jurisdiction. Governmental restrictions and our policies prohibit us from licensing the software in the following restricted OFAC sanctioned countries: Afghanistan, Burma (Myanmar), Cote d'Ivoire (Ivory Coast), Cuba, Democratic Republic of Congo, Former Liberian Regime of Charles Taylor, Iran, Iraq, Libya, North Korea, Sudan, Syria, Unita (Angola) and Zimbabwe, as well as other individuals specifically sanctioned.

Miscellaneous
19.          This Agreement can only be modified by the Vendor as indicated in this Agreement.

20.          This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

21.          Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.

22.          If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

23.          This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

24.          This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Notices
25.  All notices to the Vendor under this Agreement are to be provided at the following address: Franklin Global Capital LLC aka FG Capital, LLC, at Corporate@FranklinGlobalCapital.com or ClientSupport@FranklinGlobalCapital.com