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TERMS OF USE AND DISCLAIMERS

Welcome to the website of Akashxchange, LLC (“Akashx”), located at www.Akashx.com For the purposes of these Terms of Use Akashx includes Akashxchange, LLC, its subsidiaries, owners, members, officers, managers, employees, agents, attorneys, and representatives.

Use of this website, information, services, and content distributed through or in conjunction with or made available on the website (collectively, the "Website") is subject to your acceptance of these Terms of Use, Privacy Policy, and any other notices or amendments posted through the Website. As a user, you may hereinafter be referred to as 'I', 'My', 'Me', 'You'.

By logging onto and using the information on the Website or any of the information and/or content presented in any areas of the Website, including but not limited to any free trials or subscription based services, including but not limited to third party links and services, You are acknowledging and unconditionally agreeing that You have read and agree to be bound by these Terms of Use and Disclaimers, Akashx’s Privacy Policy, and other notices posted through the Website. You further represent, warrant and covenant that You have the power and authority to enter into this agreement. If You do not acknowledge and agree with the above, You may not access or use the Website and should immediately cease all use of the services made available on and through the Website.

BECAUSE THESE TERMS AND CONDITIONS OF USE IMPOSE LEGAL OBLIGATIONS UPON YOU, IT IS IMPORTANT THAT YOU READ THEM CAREFULLY.

1. Akashx shall have the right, at its sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use and Disclaimers at any time ("Changes"). You will be notified of any Changes through a posting on the Website, a notification in the Website, or via e-mail. Any Changes shall be effective thirty (30) days following the posting of such Changes (the "New Effective Date"), unless otherwise indicated in the corresponding notice. The most recent version of these Terms of Use and Disclaimers may always be found at www.Akashx.com You agree to review these Terms of Use and Disclaimers from time-to-time and agree that any subsequent use by You of the Website following the New Effective Date shall constitute your acceptance of all such Changes. If you do not agree to any or all of the Changes, You must stop using the Website immediately. These Terms of Use were last modified on September 10, 2020.

2. The Website is for educational purposes and provides information for users that includes, but is not limited to online traders, social trading, copy trading, day traders, day trading, momentum traders, and leveraged trading, in various forms including but not limited to foreign exchange, futures, equities, currencies, crypto-currencies, and other securities (collectively “Trading”). The Website also includes user-shared information and ideas related to Trading. Any and all information and content made available through the Website including the Trading ("Information and Content") is provided solely as a convenience to You for general educational and informational purposes only and is not intended to constitute commercial, financial, investment, accounting, tax, or legal advice. Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, is not an investment advisor or broker and does not provide any kind of investing advice. Additionally, Akashx together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers does not monitor user-shared information and ideas to confirm their accuracy or legitimacy. You understand and agree that the user-shared information and ideas, together with all other Information and Content, are being provided for general informational purposes only and should not be relied upon as a substitute for legal and/or financial advisor and broker advice and must not, under any circumstance, be relied upon as the sole and exclusive basis in making financial and/or investment decisions.

3. Akashx has the right to refuse and revoke any subscription for any reason whatsoever in its sole and absolute discretion. Akashx is not obligated or required to disclose the basis for such refusal and/or revocation. In the event that your subscription is terminated, You will not be entitled to a refund of monies paid. You agree and understand that the cancellation of your subscription by Akashx or You before the expiration date does not give You any right to a credit or refund of any and all fees already paid to Akashx.

4. Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, correct sequencing, or completeness of any of the Information and Content, including user-shared information and content. All Information and Content provided on the Website is solely for educational purposes only. You agree that all risk associated with the use of, or reliance on, any of the Information and Content accessed through the Website is Yours. You further agree that Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your Trading and Your use of, or reliance on, any of the Information and Content and the user-shared information and ideas. You assume sole legal and financial responsibility for Your decisions to act on any information or recommendations to use our services and Information and Content.

5. You should seek information and guidance from Your preferred broker and/or financial and/or investment advisor before making any investment, financial, and Trading decision. Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, does not guarantee or represent that any results or outcomes, including any potential that you will financially profit as a result of any Trading and the Information and Content, including the user-shared information and ideas.

6. Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, as well their consultants, representatives and third-party providers, may hold positions related to the substance of the Information and Content referenced on this Website. Akashx together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, is under no obligation to disclose any information about its positions or its own Trading.

7. You hereby irrevocably represent and warrant to Akashx as follows: All Trading decisions are made by Me and I accept sole responsibility for any and all Trading. All transactions that occur in My trading account with My preferred broker are My responsibility and I accept all legal responsibility for them. I agree and understand that Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, is not responsible in any way, whatsoever, for any Trading in My trading account between Me and My preferred broker. I understand that financial markets and general economic conditions are subject to rapid change and uncertainty. I understand that at times unfavorable conditions arise which make it hard, if not impossible, for Me to liquidate a position and that I may incur losses, which may be substantial. I agree that all risks associated with the use of, or reliance on, any of the Website rests with Me and I assume full legal responsibility should any losses occur.

8. You agree and understand that while the profits of Trading can be substantial, You are also exposed to the risk of heavy losses. You agree not to make any claim and not to hold Akashx, together with My Daily Choice, Inc. and any and all affiliated companies, licensors, licensees and advertisers, responsible for any losses related to use of this Website or Trading. It is Your legal responsibility alone to independently and thoroughly investigate and research thoroughly before Trading and risking your finances. You further confirm that it is Your legal responsibility alone to independently and thoroughly investigate and research and to make an informed decision regarding Your Trading. You assume all risks inherent in Trading.

9. You acknowledge and agree that Your correspondence and business dealings with any third parties, including any merchants or advertisers, found on or accessed through the Website, including payment for and delivery of any related goods and services, and all other terms, conditions, representations, and warranties related to such dealings, are solely as between You and such third parties. You understand and acknowledge that some of the services accessible through the Website are provided by third parties and may make use of the Akashx name, logo and/or other identifying marks of Akashx, (including, but not limited to, discount foreign and crypto-currency exchange services made available through the Website) and that in certain instances, Akashx may receive referral fees and/or other compensation from third parties on a per use or other basis based on Your purchase or use of third-party goods or services found on or accessed through the Website. YOU ACKNOWLEDGE THAT IN SUCH DEALINGS WITH THIRD PARTIES, AKASHX, TOGETHER WITH MY DAILY CHOICE, INC., IS NOT THE SELLER OR PROVIDER AND YOUR AGREEMENT OF PURCHASE OR FOR WEBSITE WITH SUCH THIRD-PARTY IS SOLELY BETWEEN YOU AND THE THIRD-PARTY, AND NOT AKASHX OR MY DAILY CHOICE, INC.. AKASHX, TOGETHER WITH MY DAILY CHOICE, INC., ASSUMES NO RESPONSIBILITY WHATSOEVER FOR ANY CHARGES, LOSSES OR LIABILITIES YOU, OR ANY USER OF YOUR ACCOUNT, INCURS WHEN MAKING PURCHASES, DEALING WITH OR COMPLETING TRANSACTIONS WITH SUCH THIRD-PARTIES. By accessing third-party services through the Website, You hereby authorize such third-party service providers to provide Akashx with personal information regarding Your use of and Your activities with respect to the purchase and use of third-party services and/or goods.

Hypertext links or pointers to third-party Websites and references to products and services offered by third-parties are provided to You for convenience only and do not constitute an endorsement or approval by Akashx of (i) the organizations that operate such Websites; (ii) the information, content, privacy policies or other terms of use on such Websites, or; (iii) such third party products and services.

As Akashx has no control or responsibility over, and does not investigate, monitor, or check for accuracy third-party Websites or information and/or content maintained by other organizations, or for products and services offered by third parties, and Akashx does not assume any liability for Your use of any of the foregoing. If You decide to exit the Website and access third-party Websites, You acknowledge and agree that You do so at your own risk, and You should be aware that these Terms of Use no longer govern your relationship with the third-party.

10. The Akashx logo and other identifying marks of Akashx are and shall remain the trademarks and trade names and exclusive property of Akashx, and any unauthorized use of these marks is unlawful. Other trademarks on the Website are the property of their respective owners. All content in the Website, including without limitation all, documentation, and graphics, is the copyrighted property of Akashx and or Akashx’s licensors and is protected by international copyright law. You agree that all right, title and interest (including all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Website, and the Information and Content belong to Akashx and/or its licensors, as applicable.

11. In order to help You practice what you’ve learned, Akashx may provide trading accounts that do not use real cash (“Demo Trading”). This Demo Trading is not the same as real trading. There are no guarantees as to how much profits You will earn when you actual commence Trading with real funds. You should make assume that your actual performance will not match your Demo Trading.

12. Akashx reserves the right to investigate complaints or reported violations of these Terms of Use and Disclaimers and to take any action Akashx deems appropriate, including but not limited to cancellation of Your use, subscription and/or membership, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, posted materials, IP addresses, and traffic information. Akashx will not tolerate promotion of stocks, abusive language, or any other actions that are in violation of these Terms of Use and Disclaimers or that that Akashx deems disruptive and inapporpriate.

HEAVY LOSSES CAN BE INCURRED WHEN TRADING. YOU SHOULD TAKE INTO CONSIDERATION YOUR OWN FINANCIAL CONDITION TO DETERMINE IF TRADING IS THE CORRECT CHOICE FOR YOU. YOU UNDERSTAND THAT TRADING HAS THE POTENTIAL TO EXPOSE YOU TO SEVERE RISKS AND SIGNIFICANT LOSSES INCLUDING ALL OF YOUR ASSETS PLEDGED TO TRADING, THROUGH YOUR PREFERRED BROKER.

THE WEBSITE AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AKASHX, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, MEMBERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. AKASHX, ON ITS OWN BEHALF AND ON BEHALF OF MY DAILY CHOICE, INC. AND ANY AND ALL AFFILIATED COMPANIES, LICENSORS, LICENSEES AND ADVERTISERS, DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:

i) ANY THIRD-PARTY WEBSITES OR THIRD-PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;

ii) ANY INVESTMENT, ONLINE TRADES, INTERPRETATION, OR ACCEPTANCE, OF ANY INFORMATION AVAILABLE ON THE WEBSITE;

iii) THE UNAVAILABILITY OF THE WEBSITE, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;

iv) YOUR USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION AND CONTENT;

ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. AKASHX, TOGETHER WITH MY DAILY CHOICE, INC. AND ANY AND ALL AFFILIATED COMPANIES, LICENSORS, LICENSEES AND ADVERTISERS, DO NOT REPRESENT OR WARRANT THAT INFORMATION AND CONTENT, OR MATERIALS IN THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, TIMELY, CURRENT, ERROR-FREE, OR OTHERWISE RELIABLE, OR THAT THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY RELIANCE ON OR USE BY YOU OF ANY INFORMATION AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL AKASHX, TOGETHER WITH MY DAILY CHOICE, INC. AND ANY AND ALL AFFILIATED COMPANIES, LICENSORS, LICENSEES AND ADVERTISERS, BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITE. AKASHX, TOGETHER WITH MY DAILY CHOICE, INC. AND ANY AND ALL AFFILIATED COMPANIES, LICENSORS, LICENSEES AND ADVERTISERS, SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:

i) THE USE OF OR INABILITY TO USE THE WEBSITE, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;

ii) YOUR PARTICIPATION OR RELIANCE ON ANY INFORMATION AND CONTENT ACCESSED IN CONNECTION WITH THE WEBSITE; AND

iii) ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.


If any provision of these Terms of Use and Disclaimers is invalid, illegal or unenforceable in any respect under any applicable statute or rule of law, the provision shall be deemed omitted to the extent that it is invalid, illegal or unenforceable. In such a case, the remaining provisions of these Terms of Use and Disclaimers shall be construed in a manner as to give greatest effect to the original intention of the parties hereto. Akashx’s failure to insist upon, or enforce, strict performance of any right or provision of these Terms of Use shall not constitute or be construed or deemed to be a waiver of such right or provision in the future or a waiver of any other right or provision under these Terms of Use.

These Terms of Use and Disclaimers shall be governed by and construed in accordance with the laws of the State of Nevada, United States, without regard to conflict of laws provisions thereto. All rights and remedies, whether conferred by these Terms of Use and Disclaimers, by any other instrument or by law, shall be cumulative, and may be exercised singly or concurrently. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the State of Nevada.

Any dispute, claim or controversy arising out of or relating to these Terms of Use and Disclaimers or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms of Use and Disclaimers to arbitrate, shall be determined by arbitration in Las Vegas, Nevada before one arbitrator(s). The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Within 15 days after the commencement of arbitration, You and Akashx shall each select one person to act as arbitrator, and the two so selected shall select a third arbitrator within 30 days of the commencement of the arbitration. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator within the allotted time, the third arbitrator shall be appointed by JAMS in accordance with its rules. All arbitrators shall serve as neutral, independent and impartial arbitrators. The arbitrator shall be either a retired judge or an attorney with 10 years of active practice in the area of business and commercial disputes.

You and Akaxhx shall maintain the confidential nature of the arbitration proceeding and any resulting award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

The arbitrator shall not award damages in excess of compensatory damages and You and Akashx both hereby irrevocably waive any right to recover any further such damages. You also hereby waive any and all rights to participate as a member of a class in any future class action lawsuit against Akashx and/or My Daily Choice, Inc. In any arbitration arising out of or related to these Terms and Conditions and Disclaimers, the arbitrator is not empowered to award punitive or exemplary damages, except where required by statute, and the parties waive any right to recover any such damages. You and Akashx shall share equally the costs of any arbitration pursuant hereto.