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    • FORTUNE FORGE DOES NOT WARRANT THAT THE FORTUNE FORGE WEBSITES WILL BE UNINTERRUPTED, OR SECURE. IF YOU DOWNLOAD ANY MATERIALS FROM THE FORTUNE FORGE WEBSITES, YOU DO SO AT YOUR RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS.
    • EXCEPT TO THE EXTENT OTHERWISE SPECIFICALLY PROVIDED, NEITHER FORTUNE FORGE NOR ITS THIRD PARTY CONTENT PROVIDERS WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE FORTUNE FORGE WEBSITES OR THE CONTENT PRESENTED ON THE FORTUNE FORGE WEBSITES, INCLUDING THIRD PARTY CONTENT, WILL BE ACCURATE OR RELIABLE, OR THAT THE FORTUNE FORGE WEBSITES OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE FORTUNE FORGE WEBSITES WILL MEET YOUR NEEDS OR EXPECTATIONS.
    • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW WARRANTIES TO BE LIMITED OR DISCLAIMED, SOME OR ALL OF THESE PROVISIONS MAY NOT APPLY TO YOU.
  18. LIMITATION OF LIABILITY
    • NEITHER FORTUNE FORGE NOR ANY THIRD PARTY CONTENT PROVIDER WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR OTHERWISE. FORTUNE FORGE AND ITS THRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM LIABILITY FOR LOST PROFITS, TRADING LOSSES, AND/OR ANY DAMAGES THAT RESULT FROM USE OF OR LOSS OF USE OF THE FORTUNE FORGE WEBSITES AND MATERIALS ON THE FORTUNE FORGE WEBSITES (WHETHER PROVIDED BY FORTUNE FORGE OR THIRD PARTIES). THIS DISCLAIMER OF LIABILITY APPLIES EVEN IF FORTUNE FORGE AND/OR ITS THIRD PARTY CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    • FORTUNE FORGE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH FORTUNE FORGE DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
    • IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF THE LIMITATIONS OF LIABILITIES OR REMEDIES IN THESE TERMS ARE DETERMINED BY A COURT OR ARBITRATION PANEL TO NOT APPLY TO YOU OR TO BE UNENFORCEABLE FOR ANY REASON, THEN YOU EXPRESSLY AGREE THAT THESE PROVISIONS WILL BE CONSTRUED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW AND THAT UNDER NO CIRCUMSTANCES WILL THE TOTAL, AGGREGATE LIABILITY OF FORTUNE FORGE AND ALL THIRD PARTY CONTENT PROVIDERS FOR ANY CAUSE WHATSOEVER RELATING TO THIS AGREEMENT, THE FORTUNE FORGE WEBSITES, OR ANY FORTUNE FORGE OR THIRD PARTY CONTENT ON THE FORTUNE FORGE WEBSITES, EXCEED $100.
  19. Indemnification
    • As a condition of your use of the Fortune Forge websites, you agree to indemnify and hold Fortune Forge and its Third Party Content Providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your misuse of the Fortune Forge websites or any Fortune Forge or Third Party Content on the Fortune Forge websites, or from your violation of these Terms.
  20. Predispute Arbitration Clause
    • These Terms are subject to a predispute arbitration clause. Under this clause, you and Fortune Forge agree as follows:
      • All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
      • Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.
      • The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
      • The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
      • The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
      • The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court. 
      • The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.
    • All controversies that may arise between you and Fortune Forge concerning any subject matter, issue or circumstance whatsoever (including, but not limited to controversies concerning any account, order distribution, rollover, advice interaction, or transaction, or the continuation, performance, interpretation or breach of this or any other agreement between you and Fortune Forge, whether entered into or arising before, on or after the date of these Terms) shall be determined by arbitration through the Financial Industry Regulatory Authority (FINRA) or any United States securities self-regulatory organization or United States securities exchange of which the person, entity, or entities against whom the claim is made is a member, as you may designate.
    • If you commence arbitration through a United States self-regulatory organization or United States securities exchange and the rules of that organization or exchange fail to be applied for any reason, then you shall commence arbitration with any other United States securities self-regulatory organization or United States securities exchange of which the person, entity, or entities against whom the claim is made is a member. If you do not notify Fortune Forge in writing of your designation within five (5) days after such failure or after you receive from Fortune Forge a written demand for arbitration, then you authorize Fortune Forge to make such designation on your behalf. The commencement of arbitration through a particular self-regulatory organization or securities exchange is not integral to the underlying agreement to arbitrate. You understand that judgment upon any arbitration award may be entered in any court of competent jurisdiction.
    • No person shall bring a putative or certified class action to arbitration, nor seek to enforce any predispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; or (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this agreement except to the extent stated herein.
    • This predispute arbitration agreement survives the termination of the relationship between you and Fortune Forge, cancellation or end of any particular account or program, and any opt-out by you with respect to Fortune Forge communications, products, or services.
  21. Modification of These Terms
    • Fortune Forge Investments may modify these Terms at any time without notice to you, except where required by law. When we make changes to these Terms, we will change the “Last Updated” date specified at the beginning of these Terms. The most current version of these Terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of the Fortune Forge websites. Use of the Fortune Forge websites shall constitute acceptance by you of the Terms in effect as of such time.
  22. Governing law
    • These Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Fortune Forge’s successors and assigns, whether by merger, consolidation, or otherwise.
  23. Severability
    • If a court of competent jurisdiction deems any provision of these Terms to be unenforceable or in conflict with applicable laws, rules, or regulations, either present or future, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

 

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