TERMS OF USE

Last updated September 2015

The Website (the “Website”) of HKS Trading Partners, Inc., doing business as FriendlyTransfer (the “Company”), is a service made available by the Company, and all content, information and software provided on or through this Website (collectively, the "Content"), may be used solely under the terms and conditions of these Terms of Use (this “Agreement”). By using this Website, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not want to be bound by this Agreement, please do not use the Website. The Company may change this Agreement at any time. Any such changes will be effective immediately upon posting of such changes on this Website. The "last updated" date will always be prominently displayed at the top of this Agreement. You agree to review this Agreement from time to time to make sure that you are aware of any such changes. Your continued use of this Website indicates your acceptance of this Agreement and any such changes.

  1. Limited License. The Company grants you a nonexclusive, nontransferable, revocable, limited license to access and use this Website for your personal use only and not for commercial purposes or exploitation. The Company may terminate this license or deny you access to all or any part of this Website at any time for any reason. You may not rent, lease, loan, sell or sublicense this Website or any Content. You may not copy, download, store, modify, reproduce, republish, distribute, display, or transmit for any purpose (whether commercial, nonprofit or public) any Content without the Company's express prior written permission. You agree not to use or permit the use of this Website for any unlawful purpose. You agree not to use this Website in violation of law and not to post any content or send any communications or engage in any conduct or activity that might subject the Company to the threat of civil or criminal action or penalties. In case you engage in any transactions as a result of your use of this Website or its Content, you hereby warrant a represent that the source and/or use of any funds you may transfer and/or receive, locally or internationally, complies with any and all applicable regulations related to money laundering and/or terrorist financing in your jurisdiction. You may not authorize or permit any person to access or use this Website under your name.

  2. Proprietary Rights. All right, title, and interest (including all copyrights and other intellectual property rights) in this Website and the Content (in both print and machinereadable forms) belong to the Company or any of its third party suppliers of materials. You acquire no proprietary interest in this Website or the Content, or copies thereof. You may not use this Website or the Content in any fashion that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Content.

  3. Disclaimer of Warranty. THIS WEBSITE AND THE CONTENT ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS OR PERFORMANCE OF SERVICES, AND ANY WARRANTIES REGARDING SERVICES, INFORMATION AND ADVICE OBTAINED THROUGH THIS WEBSITE.

  4. Limitation of Liability. A Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from this Website or the Content, (b) the unavailability or interruption of this Website or the Content (or any part thereof), (c) your use of this Website or the Content (regardless of whether you received any assistance from a Covered Party in using this Website or the Content), or (d) your use of any equipment or services obtained in connection with this Website or the Content. "Covered Party" means the Company, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the Company or its affiliates. THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE OR THE CONTENT OR THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED FOR ANY REASON, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE CONTENT SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00), AND YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

  5. Not Financial Advice or Financial, Money or Value Transfer Services. This Website provides a trustbased peer to peer platform for its community of users. The platform helps them find international matches within the community of users, in order to facilitate money exchanges without the associated fees and costs. Neither the Company nor this Website purports to provide or provides any financial advice, financial services or money or value transfer services. The Content or any services you obtain in connection with this Website is not intended to and does not constitute financial advice of any kind, including advice regarding the transfer of funds internationally or locally, nor the intermediation for any kind of financial or money or value transfer services. Should you obtain any services or engage in any transactions as a result of your use of this Website, it is your sole responsibility, and not the responsibility of the Company, to determine whether such services or transactions are in your best interest. Neither the Company nor this Website recommends or endorses any individuals or services to be provided by any individuals to which you may be introduced as a result of your use of this Website. It is your sole responsibility to evaluate a ny services which you may obtain or transactions which you may engage in as a result of your use of this Website. We recommend that you consult with your personal financial and/or tax advisor before engaging in any financial transaction as a result of your use of this Website. It is your sole responsibility to obtain any necessary assurances or representations with respect to the legality, origin or use of any funds that may be transferred, locally or internationally, as a result of the use of this Websiteor the Content. Neither the Company nor this Website purports to provide or provides any representations or assurances with respect to the legality, origin or use of any funds that may be transferred, locally or internationally, as a result of the use of this Website. In addition, no information submitted to this Website is treated as confidential (except to the extent described in the Privacy Statement posted on this Website). The accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed.

  6. Indemnity. As a condition of use of this Websites, you agree to indemnify the Covered Parties from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of this Agreement.

  7. License of Your Content. By uploading content to or submitting any materials for use on this Website, you grant (or warrant that the owner of such rights has expressly granted) the Company a perpetual, royaltyfree, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe.

  8. Third Party Content. Third party content may appear on this Website or may be accessible via links from this Website. The Covered Parties are not responsible for and assume no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Website. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the opinions of the Company.

  9. Registration. To use are website, you are required to register. If you do so, you agree to provide the Company with accurate, complete registration information. It is your responsibility to inform the Company of any changes to that information. Each registration is for a single person only, unless specifically designated otherwise on the registration page. The Company does not permit any other person using the registered sections under your name, or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify the Company immediately.

  10. Additional Terms. Other provisions that govern your access to and use of this Website and the Content are set forth in the Privacy Statement, online descriptions of files, online notices following file selection, and individual documents retrieved from the Website all of which are incorporated by reference into this Agreement.

  11. General.

    • The Company may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Website or by written communication delivered by first class U. S. mail or recognized international courier to your address on record in your Company user information. You may give notice to the Company at any time by letter delivered by first class postage prepaid U. S. mail or recognized international courier to the Company's address set forth below.

    • The failure of the Company to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

    • The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.

    • You may not assign your rights or delegate your duties under this Agreement without the prior written consent of the Company.

    • This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws provisions, as such laws are applied to agreements to be entered into and to be performed entirely within Massachusetts between Massachusetts residents. The sole jurisdiction and venue for any litigation arising out of your access to or use of this Website or the Content shall be an appropriate federal or state court located in Massachusetts.


Contact Us

If you have any questions regarding this agreement, please contact us at:

[email protected]
265 Franklin Street, Suite 1072
Boston, MA 02110
USA