Terms of Use Agreement and other Legal Guidelines

OANDA, Inc., and its sister company, Olsen & Associates, have their own internally devised method of gathering data and formulating the daily currency exchange rates arrived at and distributed on our website. Therefore, OANDA's website daily currency exchange rates information, as well as its other and subsequent website content, is intended solely for personal use or individual use by employees of either public or private institutions. When OANDA data is required for internal fianacial or commercial applications (i.e. to be used within an institution's apparatus for internal functions and disseminated on an internal electronic network or any such similar medium, or by other means be it electronic, print, broadcast, or other method ) , such use requires a written agreement with OANDA, Inc. and any unauthorized use is subject to copyright infringement legalities. For any external redistribution of OANDA, Inc. website content and daily currency exchange rates information, by either private individuals or institutions such as and including private or public commerical enterprises, businesses, private or public organizations or governing bodies, including governments and their ministries and/or subsidiary bodies thereof, or any other state or private party, that is to say ANY redistribution, requires a written agreement with OANDA, Inc. Any party acting to redistribute said content without authorization by an expressed written agreement with OANDA, Inc. will be in breach of this Agreement. No unauthorized redistribution of our website content and/or our daily currency exchange rates by commercial or individual interests, either re-constituted in a different format or otherwise, is permissible on the Internet, in print, broadcast or any other medium, be it internal or external to any institutions functions. Any reconstitution, reproduction or redistribution for such purposes requires the expressed, written consent of OANDA, Inc. OANDA, Inc. retains all rights and prerogatives regarding said content, and can, in the case of granted permission to redistribute its content, choose at any time to deny the continuity of such permission and request immediate compliance to do so, which by order of this Agreement, the party concerned is required to comply so immediately and without reserve or question.

For All Users, be they subscribed, registered, or neither subscribed nor registered

The information in the OANDA Web Service is for Users' individual use only. Users will acknowledge and agrees that all proprietary rights in the information received shall remain the property of either OANDA, Inc. (hereinafter deemed to include OANDA, Inc. and its affiliates, agents and licensors) or its providers of the information.

OANDA, Inc. makes no claims concerning the validity or exactness of the information provided herein, and will not be held liable for any use, interpretation, or other implementation of said information. OANDA, Inc. makes no warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of condition, quality, performance, merchantability or fitness for a particular purpose or use. Neither OANDA, Inc., nor any of its providers of information shall have any liability to the User or anyone else for the accuracy of the information contained in the Service, or for omissions therein. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive, consequential, special, incidental, indirect or similar damages even if advised of the possibility of such damages.

With regard to OANDA currency forecasting services, the User shall use the OANDA services like a prudent investment advisor and shall not undertake any activities, advertisements and other acts or things which might be detrimental to OANDA's reputation. Any breach of this provision entitles OANDA, Inc. to terminate the Agreement at any time by written notice (or E-mail).

The information provided through the Internet by OANDA, Inc. is based on the Olsen & Associates Information System data which is commercially available from Olsen & Associates Ltd., Zurich, Switzerland. Due to the inherent hazards of electronic distribution over the Internet, some of the information which is displayed through the Internet may not be continuously updated on a real time basis. Therefore, the potential use of this information may be substantially limited.

Reproduction, redistribution and retransmission of any information provided herein is strictly prohibited, except with written permission by OANDA, Inc. The User further agrees not to use or permit anyone to use the information provided through the Service for any unlawful or unauthorized purpose.

OANDA, Inc. reserves the right to terminate this Agreement at any time as it relates to the Service in the event Olsen & Associates Ltd. determines to discontinue offering the Service generally to users or if Olsen & Associates Ltd.'s agreement with a provider of information distributed through the Service is terminated in accordance with its provisions.

When applicable, in the case of subscription to OANDA forecasting services, OANDA, Inc. shall not be held liable for amounts billed to your credit card by a third party which were not authorized by you or any other abuse of the credit card number transmitted to OANDA, Inc. in connection with this subscription agreement that occurred outside the control of OANDA, Inc. or which was not caused by gross negligence or intent of OANDA, Inc. or its staff.

Users agrees that OANDA, Inc. has the right to amend or alter these terms and conditions at any time and that such subsequent alteration and amendments will become effective for the User at the time they are fed into the Internet and without specific notice to the User. The User also agrees that the rights and obligations of the parties are governed by the law of the United States of America and the State of New York, as if this Agreement was a contract both wholly entered into and performed within the State of New York.

Intentionally entering false or inaccurate personal information may subject you to civil liability and/or criminal prosecution. No use of this information will be made without your consent, except as may be required by law or in connection with the Service.

Your Username and Password are used to identify yourself for billing purposes. You acknowledge that anyone who knows both your Username and Password can gain access to your personal information and misuse it (and incur charges which you may be responsible for), so all Users are advised to keep their Passwords secret. You are advised to choose a Password that is not obvious (for example, do not choose your name as a Password), and are advised to change your Password frequently. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Username and Password), you understand and agree that you must promptly change your Password and notify OANDA, Inc. of the problem to avoid possible liability for any unauthorized charges to your account.

The User must provide, at user's own cost, all telephone and other equipment, software, and services necessary to access the Service.