Divergence University Terms and Conditions
1. Condition of Use. Use of this website, and / or any service provided, and / or any information provided, and / or any software provided, and / or any purchases made, is conditional on full acceptance of the provisions within this document. Access of this website shall constitute full acceptance of all Conditions and Terms. If You (Hereinafter referred to as “You” or “User”) do not accept the terms, do not access this website, or engage in any relationship with us.
2. Between. These Conditions and Terms govern the relationship between You and Us. Any mention of “Us” hereby includes Expert Golden Egg Ltd., its employees, servants, agents, affiliates, and others.
3. All services, and information, and products appearing on this website are provided by Expert Golden Egg Ltd. You agree that any relationship arising out of and / or relating to this Website, as well as any items provided by Us, as well as any relationship between Us and You, shall be governed exclusively by this Agreement. Expert Golden Egg Ltd. does business as Vladimir Ribakov.
5. You may use items provided by Us for your own personal purposes as expressly provided by these Terms and Conditions. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, or create derivative works from items provided by Us. Nor may you use any network monitoring or discovery software to determine site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device, or manual process to monitor or copy this Web Site or the Content or anything provided by Us. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website and / or anything provided by Us. Any unauthorized use of this Website and / or its content and / or anything provided by Us is prohibited. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of anything provided by Us. Any unauthorized use of anything provided by Us is prohibited.
6. To the extent that anything is provided to you, same is a license for your personal use, no property, including but not limited to, marks, software, source code, all intellectual property, and other shall be deemed to have been sold, or otherwise transferred to you. intellectual
7. You agree to keep confidential all information learned from our relationship, this shall be deemed to include, but not be limited to, all techniques, tools, methods.
Posting on Site
8. By uploading content to or submitting any materials for use on any website owned and / or operated by us, including, but not limited to, blog posts, forum posts, typewritten communications, articles, etc, you grant, or warrant that the owner of such rights has expressly granted, Expert Golden Egg Ltd. a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, translate, commoditize, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed.
Claims of Copyright Infringement & Counter-Notification
9. We respect the copyrights of others. If you believe in good faith that materials hosted by Us infringe your copyright, please send us a written notice that includes the following information. Please note that we will not process your complaint if it isn't properly filled out, or if the complaint is incomplete:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices with respect to this Website should be sent to us, in writing, by mail at:
Expert Golden Egg Ltd., Kemp House, 152 – 160 City Road, London, United Kingdom, EC1V 2NX.
10. We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
11. We suggest that you seek legal counsel before filing a notice. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages (including costs and lawyers' fees).
12. This website may contain links to other websites. Links are not intended to imply sponsorship, affiliation or endorsement.
13. We are not responsible for the privacy practices or the content of any other providers, including but not limited to those who you come to interact with through Us.
14. You expressly agree that we may enter into agreements with third parties, and that we may be compensated by third parties, arising from your interaction(s) with them.
Use of Services
15. Use of Expert Golden Egg Ltd. products and information, including but not limited to software, intellectual property, technical analysis, non-technical analysis, articles, opinions, etc, are provided for entertainment purposes only, they are not to be relied on for any purpose.
16. You agree that you will not rely on Expert Golden Egg Ltd. To make any decision, including but not limited to any trades that you may make. You acknowledge being advised that any trade you do make should only be completed after being carefully considered with the advice of your broker, and other appropriate professionals.
17. You are in the best position to protect your own interests, we encourage you to do so at all times, and remind you that due to the complexities involved with operating, creating, and maintaining operations, as well as providing items such as software, as well as information, as well as complexities with currency market(s), we are unable to assume any responsibility for your care and /or liability whatsoever.
18. You agree and accept that anything that has been provided by us, including but not limited to software, as well as information, may be incorrect, may malfunction, may not be available at all times. You agree to accept use of all items from us subject to all errors and omissions.
19. Prior results, both actual and simulated, cannot be used to determine future results. Trading performance is based on many factors. If you decide to trade, you may, and should proceed based on the belief that you probably will lose money, even if you do everything perfectly. Nothing we provide should be interpreted as guaranteeing or implying that you will make money, and / or reduce risk. If you decide to trade you accept the risk of losing your capital.
20. You agree that you will not take action or inaction based on your relationship with Us, as well as anything arising from and or relating to our relationship, as well as software provided by us, as well as this website and or anything appearing herein. This shall include but not be limited to any decision to trade.
Access to Website
21. We value your interaction(s) with Us, but in an effort to promote a better experience We reserve the right to suspend, or cancel any membership, and / or restrict your access to any websites, or any subscriptions or services, for any reason, or no reason, at our sole discretion, moreover website(s) may be made unavailable at any time, with no notice.
22. You agree that we may remove, disable or restrict access to or the availability of any material from our websites (including, but not limited to, material which you have posted and / or stored). Under no circumstances are we be held liable for removing, disabling or restricting access to material(s).
23. Everything we provide is of a general nature, it is not intended to be relied on for any particular or specific purpose. Trading matters by their nature are complicated and require the specific attention of appropriate professionals, for each circumstance.
24. You agree that any information which you may come to obtain through your relationship with Us, is not tailored to your particular account, or trading activity.
25. You hereby authorize us to contact you via e-mail, or by other means, seeking comment on services, communicating offers from our partners, promotions, and or information that we believe may interest you.
26. While We have every intention to safeguard your personal information, due to the nature of internet and related technologies We are unable to provide any guarantee, warranty, or promise as to the security of same. Any information on the internet may be vulnerable to hackers, viruses, malware, glitches, and may be intercepted during transmission.
27. You and Expert Golden Egg Ltd. agree that neither shall publically make any negative expressions, or representations about the other, or allow any such expressions or representations to be made.
28. We provide no warranties or make any representations about any benefits or opportunities that you may obtain at this website, and / or by use of any software, and / or through your relationship with us.
29. Everything provided by us, is provided as is, with all faults, and as available. We make no express or implied warranties, including, but not limited to : warranties of title, noninfringement, merchantability, or fitness for a particular purpose. If you are in any way dissatisfied with the anything we provide, your exclusive remedy is to discontinue use.
30. Everything we provide is made available to you "as is," without any warranties whatsoever about the nature, content or accuracy (either when created or as a result of the passage of time, or otherwise), and without any representations or guarantees. In addition, we make no representations, warranties or guarantees that anything provided will be secure, accessible continuously and without interruption, or error free.
31. To the extent that you might otherwise believe that any warranties, guarantees or representations have been made, you hereby agree that such statements, are to be construed merely as nonbinding expressions of policy not affirmative representations, obligations, guarantees or warranties.
Limitation of Liability
32. Use of anything provided by us, as well as anything arising out of and / or relating to our relationship, is accompanied by inherent risks, you hereby assume all risk(s) involved and associated with same.
33. Due to the many complexities involved in our relationship We are not able to be held responsible for : programming, construction, design, formulation, development of standards, preparation, processing, assembly, inspection, testing, listing, certifying, warning, instructing, marketing, selling, advertising, packaging or labelling of any service and / or product.
34. Due to their unpredictability We shall not be liable for consequential damages, incidental damages, indirect damages, exemplary damages, or punitive damages.
35. To the extent which you may suffer and / or seek damages from Us, however so arising including but not limited to claims arising under: contract, tort, other legal theories, or specific statute; due to the difficulty in calculating damages at the point of agreement, and in an effort to pre-determine costs, all parties agree to liquidated damages of $100.00 United States Dollars, in the aggregate for all claims which may ever arise. Expert Golden Egg Ltd. has relied on this clause at considerable expense.
36. Expert Golden Egg Ltd. is not an insurer, to the extent which You may suffer damages great than $100.00, You shall be solely responsible for insuring yourself, for any excess of potential damages great than the amount agreed to herein.
37. All purchases are non-refundable.
38. All services agreements, and or purchases made by You from Us shall be deemed to completed at the time of making same, and are earned by us in full immediately.
Representations and Warranties
39. You hereby warrant and represent to us that there are no taxes owing in your jurisdiction relating to and or arising from your purchase(s) on this site, as well as our relationship. If any taxes, levies fees, or other amount is determined to be owing, you agree to remain personally responsible for paying same.
40. You hereby warrant and represent to us that you are of the age of majority in your jurisdiction, and are at least 18 years of age.
41. You hereby warrant and represent that all terms found in this Agreement, are allowed in your jurisdiction.
42. You hereby warrant and represent that prior to entering into this agreement that you have obtained independent legal advice, or that you have voluntarily declined to do so notwithstanding being advised that entering into the agreement may irrevocably affect your rights.
43. You understand that we are relying on your representation(s).
44. Entire Agreement. This writing contains the entire agreement between You and Us.
45. No Other Representations There are no warranties, representations, or agreements, other than those that appear in this document.
46. The published terms of this Agreement may only be modified by an express written Agreement signed by a Director of Expert Golden Egg Ltd., nobody is permitted change this.
47. Use of Materials. Materials provided by or through our relationship including, but without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, slogans, trademarks and service marks (collectively referred to as the “Materials”), are the property of Us and Our licensors, they are protected by copyright, trademark and other intellectual property laws. No rights or license is acquired by you, in any trademark, copyright, or other intellectual property rights.
48. Choice of Venue Tel Aviv shall Have Exclusive Jurisdiction to hear any matter arising out of and / or relating to this agreement, and / or our relationship, the parties to this agreement agree to submit to the Jurisdiction of same.
49. Choice of Law The laws of Cyprus, without regard to its conflict of laws principles, shall exclusively apply, to all matters whatsoever arising under, in connection with, or relating to, this agreement, and / or our relationship. These conditions and terms are to be both constituted and interpreted in accordance with the laws of Cyprus.
50. Claims Limited Regardless of any statute or law to the contrary, any claim or cause of action, arising out of and / or relating to this agreement, and / or our relationship, must be filed within eleven months after such claim or cause of action first arose, or shall be forever barred.
51. Claims Filed Regardless of any statute or law to the contrary, any claim or cause of action arising out of and or relating to this agreement, our relationship, or any service or product must be filed within one (1) year of entering into this agreement, or shall be forever barred.
52. YOU AND EXPERT GOLDEN EGG LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
53. You agree that, by entering into this Agreement, You and Expert Golden Egg Ltd. are each waiving the right(s) to a trial by jury, as well as the right to participate in a class action.
- You acknowledge that the terms contained herein may be altered by Expert Golden Egg Ltd. without notice.
- Both parties will continue to be bound by altered terms.
- You have a continuous obligation to review the terms of this agreement as found on this website. If You object to any changes, you must communicate your objection to Expert Golden Egg Ltd., at Kemp House, 152 – 160 City Road, London, United Kingdom, EC1V 2NX, in writing by mail.
- Such objection must be received by Expert Golden Egg Ltd. within 30 days of altered terms being published.
- Where You communicate an objection to Expert Golden Egg Ltd, the terms and conditions between the parties will be the last terms and conditions, you did not communicate objection to.
- If no objection is communicated to Expert Golden Egg Ltd. in the above manner, you are deemed to have agreed to altered terms.
- You must communicate any objection, in the manner outlined above to all Subsequent altered terms.
55. If You bring a case against Us, seeking a total amount great than the agreed liquidated damages, You hereby agree to indemnify Us for all fees and expenses arising from and relating to defending same.
56. You agree to defend and indemnify Us from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to legal and accounting fees, brought by third parties as a result of:
- your breach of this Agreement or the documents referenced herein;
- violation of any law or the rights of a third party;
- your use of this Site;
- your relationship with Us, or
- your use of this Site for, or on behalf of, a Third Party.
57. No Costs. You agree that despite anything to the contrary you shall not be entitled to, and will not to seek any costs and / or fees from Us relating to, and / or arising from any case brought.
58. No Waiver. No delay, failure, waiver, exercise or partial exercise of any right or remedy under the terms and conditions found in this agreement, by Us, will operate to subsequently: alter, limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy.
59. Interpretation. If any provision is found to be inconsistent with another provision of this writing, such provision(s) shall be interpreted in a manner allowing for the greatest possible intended meaning of the entire agreement. Where not possible, inconsistent provisions shall be severed, but only to the extent necessary to remedy such inconsistency. Such provision or provision(s) will be severed from the agreement in a manner allowing for the largest part of the agreement to remain in full force and effect.
60. Remaining Provisions. The remaining portions of the agreement shall remain in full force and effect, and shall constitute the entire agreement.
61. Headings are included for convenience purposes only and they do not form part of these terms and conditions.
62. These and Terms and Conditions shall be deemed to have been drafted jointly by You and Us.
63. Language and Inconsistencies: Any inconsistency between this agreement as expressed in English and any other language shall, to the fullest extent permitted by applicable law, be resolved by reference to the English version.