TERMS AND CONDITIONS

Versión en español

Effective date: April 8, 2025

1.    Introduction

We are Factor Alfa LLC ("Company," "we," "us," "our").

We operate the website https://www.factoralfa.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by email at contact@factoralfa.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Factor Alfa LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 2.    User representations

 By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete;  (2)you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms and Conditions; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

 If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

 3.    User registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 4.    User guidelines and acceptable uses

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Subject to your compliance with these Legal Terms, including the "PROHIBITED BEHAVIOURS AND ACTIVITIES" section, we grant you a non-exclusive, non-transferable, revocable license to: access the Services; and print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@factoralfa.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

 5.    Prohibited behaviors and activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

- Use any information obtained from the Services in order to harass, abuse, or harm another person.

- Make improper use of our support services or submit false reports of abuse or misconduct.

- Remove or alter any copyright, trademark, or other intellectual property notices.

- Use the Services in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorized framing of or linking to the Services.

- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

- Delete the copyright or other proprietary rights notice from any Content.

- Attempt to impersonate another user or person or use the username of another user.

- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar

devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

- Copy or adapt the code of the Services' software.

- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

- Use a buying agent or purchasing agent to make purchases on the Services.

- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue generating endeavor or commercial enterprise.

6.    Your contributions/submissions

 Please review this section and the "PROHIBITED BEHAVIOURS AND ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

 - confirm that you have read and agree with our "PROHIBITED BEHAVIOURS AND ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

 - to the extent permissible by applicable law, waive any and all moral rights to any such Submission;

 - warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

 - warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. Also, you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Submissions.

 7.    Intellectual property

 You agree that the Services, including but note limited to content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by the Company, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non commercial uses in compliance with this agreement. No portion of the Content or Services may be transferred or reproduced in any form or by any means, except as expressly permitted by this Terms and Conditions. You agree not to modify, rent, loan, sell share, or distribute the Services or content in any manner, and you shall not exploit the Services in any manner not expressly authorized.

 8.    Free trial

 We may at our discretion, offer a free trial of some Services to new users who register with the Site. The account will not be charged until upgraded to a paid version at the end of the free trial.

 9.    Payment terms and subscription information

 You may be required to purchase or pay a fee to access some of our Services.

 At our discretion at any time, we may accept the following forms of payment: debit/credit cards, bank transfers, cryptocurrencies transfers.

 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

 Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. You must pay the fees in connection with the use of our Services. We will not process your transaction until we have received the full payment from you. All payments shall be in USD.

 You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.

 We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method,and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 10.  Cancellation

 You can cancel your subscription to our Services at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

 You can also cancel the use of our Services at any time by sending an e-mail with your request to contact@factoralfa.com. Your cancellation will take effect in five wordays.

 Please be aware that any operation or transaction that is in progress at the time of your cancellation will remain under your responsibility and we will not assume any responsibility as mentioned in our Disclaimer.

 11.  Refunds

 You can request a refund for 7 days from the date of your purchase. After that period, no refund will be given for any purchase.

 12.  Privacy notice

 Your access to and use of the Site and/or Services are subject to the Company's Privacy Notice.

 13.  Availability and technical requirements

 To provide our Services we also rely on third parties' services. Therefore, you understand and agree that we do not guarantee that any Services or content will be available at all times, in all locations, or at any given time or that we will continue to offer a particular Service or content for any particular length of time. The Company does not guarantee that Services or content can be accessed on all devices, by means of a specific internet or connection provider, or in all geographic locations.

 You agree that from time to time, the Company may update, change or modify the Services or content, without notice to you and that these updates and modifications may be required in order to continue to use the Services or content and therefore impact your ability to continue using them.

 14.  Affiliate links and endorsements

 The Company may engage in affiliate marketing, which is done by embedding tracking links into the Site to some products or services. You agree that if you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.  Purchases you make through these links may result in a very small commission that we use to support the Company.

 15.  Site management

 We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.

 We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

 Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or  releases in connection therewith.

 16.  Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

17.  Termination and account deletion

 These Terms and Conditions shall remain in full force and effect while you use the Site or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 18.  Governing law

 These Terms and Conditions shall be governed by and defined following the laws of The United States of America. Factor Alfa LLC and yourself irrevocably consent that the courts of U.S.A. shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

 19.  Dispute resolutions

 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 Binding Arbitration

Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, not resolved by negotiation between the parties, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

 Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. You agree that any claim you bring against the Company is in your individual capacity, and not as a class member, class representative, or as part of a class action.

 Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 20.  Third parties

 You agree that you are solely responsible for your use of Services not owned by the Company. Those services may subject you to additional or different terms and restrictions.

 The Site may include links to third-party websites. Those sites may collect data or solicit personal information from you. The Company does not control those sites and is not responsible for their content or for their collection, use or disclosure of personal information.

 21.  Risk disclosure

TRADING INVOLVES SUBSTANTIAL RISK OF LOSS AND IS NOT APPROPRIATE FOR ALL INVESTORS. THEREFORE, YOU SHOULD NOT INVEST MONEY THAT YOU CANNOT AFFORD TO LOSE.

NO “SAFE” INVESTING SYSTEM HAS EVER BEEN DEVISED, AND NO ONE CAN GUARANTEE PROFITS OR FREEDOM FROM LOSS.

PAST PERFORMANCE MAY NOT BE INDICATIVE OF FUTURE RESULTS.

UNLESS OTHERWISE NOTED, PERFORMANCE REPORTS ARE HYPOTHETICAL AND BASED ON SIMULATED AND BACK TESTED RESULTS WITH A VIRTUAL TRADING ACCOUNT THAT HAVE LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW.

NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR INVESTING PROGRAM.

ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL INVESTING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL INVESTING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR ADHERE TO A PARTICULAR INVESTING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL INVESTING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC INVESTING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL INVESTING RESULTS. RESULTS MAY ALSO VARY DUE TO VARIOUS TRADING PLATFORMS AND MARKET CONDITIONS.

TESTIMONIALS SHOWN ON THE SITE AND REFERENCED FROM TIME TO TIME ARE FROM SELECT CUSTOMERS. THEIR EXPERIENCES MAY NOT BE TYPICAL OF WHAT YOU CAN EXPECT TO ACHIEVE, AS RESULTS MAY VARY. CLAIMS CONTAINED WITHIN TESTIMONIALS HAVE NOT BEEN VERIFIED. CUSTOMERS WERE NOT PAID OR COMPENSATED IN ANY WAY FOR THEIR STATEMENTS, AND PERFORMANCE FOLLOWING THEIR TESTIMONIALS MAY HAVE BEEN UNPROFITABLE.

 22.  Disclaimers

FACTOR ALFA LLC IS NOT A REGISTERED ADVISOR AND DOES NOT PROVIDE PERSONALIZED ADVICE. CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT OFFER ANY TRADING, INVESTMENT, ACCOUNTING, TAX, LEGAL OR ANY OTHER FINANCIAL OR BUSINESS ADVICE WHATSOEVER.

BEFORE DECIDING TO INVEST IN THE FINANCIAL MARKETS, YOU SHOULD BE AWARE OF ALL THE RISKS ASSOCIATED, CAREFULLY CONSIDER YOUR INVESTMENT OBJECTIVES, LEVEL OF EXPERIENCE, RISK TOLERANCE, AND SEEK ADVICE FROM AN INDEPENDENT FINANCIAL ADVISOR IF YOU HAVE ANY DOUBTS.

UNDER NO CIRCUMSTANCES IS INFORMATION CONTAINED ON THE COMPANY’S SITE OR ANY MARKETING MATERIALS TO BE USED OR CONSIDERED AS AN OFFER OR SOLICITATION TO SELL, OR BUY SECURITIES.

 BY USING THIS WEBSITE AND THE COMPANY'S SERVICES, YOU ACCEPT AND DECLARE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INVESTING ACTIVITIES AND AGREE NOT TO HOLD COMPANY RESPONSIBLE FOR THEM INCLUDING ALL TRADE TRANSACTIONS FOR BOTH PROFITS AND LOSSES THROUGH YOUR INVESTMENT ACCOUNT(S) EITHER EXECUTED BY YOU OR EXECUTED ON BEHALF OF YOU BY ANY INVESTMENT SOLUTION YOU DECIDE TO USE, INCLUDING BUT NOT LIMITED TO SOFTWARE, CODE, ALGORITHMS, PORTFOLIO MODELS.

 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

 THERE MAY BE DELAYS, OMISSIONS, INACCURACIES, DEFECTS IN THE INFORMATION AND SERVICES PROVIDED BY COMPANY. THEREFORE, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS OR RELEVANCE FOR A PARTICULAR PURPOSE OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, SO WE SHALL HAVE NO LIABILITY IN RELATION TO ANY DISPUTE THAT YOU MAY HAVE WITH ANY THIRD PARTY. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. CONTRACTS FOR ACCOUNT MANAGEMENT AND FUNDING ARE MADE BETWEEN THE THIRD PARTY AND YOU ONLY, AND THUS WE ARE NOT RESPONSIBLE FOR, OR LIABLE FOR ANY RESULT EXPERIENCED BY ANY OF THESE PARTIES IN THEIR DEALINGS WITH ONE ANOTHER FOR MANAGED ACCOUNTS.

FACTOR ALFA LLC, ITS MEMBERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, AGENTS, AND/OR AFFILIATES MAY HAVE POSITIONS OR OTHER INTERESTS IN SECURITIES DIRECTLY OR INDIRECTLY WHICH ARE THE SUBJECT OF INFORMATION SHOWN ON ITS SITE.

 23.  Limitation of liability

 YOU AGREE TO NOT HOLD FACTOR ALFA LLC, NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EXECUTIVES, EMPLOYEES, AGENTS, AND/OR AFFILIATES, LIABLE TO YOU OR ANY THIRD PARTY WHATSOEVER FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE FOR ANY REASON OF THIS WEBSITE, THE SERVICES OR FROM YOUR TRADING ACTIVITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US IN THE LAST MONTH.

 24.  Indemnification

 You agree to defend, indemnify, and hold us harmless, including our members, directors, officers, executives, employees, agents, and/or affiliates, from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 25.  User data

 We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. You agree that you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. Additionally, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

26.  Corrections

 There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

 27.  Changes to the agreement

 Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each

such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

 28.  Electronic communications, transactions and signatures

 Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 29.  Other legal aspects

 These Terms and Conditions and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Services. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

 30.  Contact information

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us here.