The Most Dangerous Clauses Ever Found

“7.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WWW.MQL5.COM IS AT YOUR SOLE RISK AND THAT THE WEBSITE WWW.MQL5.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. ... 8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MetaQuotes Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE WWW.MQL5.COM... 9.1. You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold MetaQuotes Ltd... harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys' fees), arising from or relating to: Your violation of these Terms of Use... infringement of any copyright... 3.25. ...the User agrees not to bring any action or claim against MetaQuotes Ltd for such disclosure.”

“3.2. You agree that MetaQuotes Ltd may, in its sole discretion and without prior notice, suspend or terminate the provision of any MQL5 Service or access to the website www.mql5.com (or its functions) to You personally or all Users. ... 3.23. ...MetaQuotes Ltd shall have the right to take such disciplinary actions as MetaQuotes Ltd deems appropriate, including without limitation: (i) suspending or terminating the User’s account... without liability for any losses or damages arising out of or in connection with such suspension or termination... 10.1. MetaQuotes Ltd reserves the right to change and revise these Terms of Use. ... The revised version of the Terms of Use shall be effective immediately upon publication. Your use of the website www.mql5.com following any change to these Terms of Use will constitute Your assent to and acceptance of the revised Terms of Use.”

“4.6. By submitting any materials to the sections of www.mql5.com for public use, the User automatically grants (or warrants that the owner of such materials has expressly granted MetaQuotes Ltd) MetaQuotes Ltd, its partners and Affiliated Entities the royalty-free, perpetual, irrevocable, non-exclusive right (non-exclusive license) to use, post, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations or other optimizations), communicate, publish, publicly perform, publicly display and distribute such materials, worldwide for the full term of any copyright that may exist in such material as stipulated by local laws. ... This license shall continue even if You stop using the website www.mql5.com.”

“12.1. All purchases in MQL5 Services are final. No refund or replacement of a product or a service is provided unless there are objective reasons, such as incorrect operation of an application or inconsistency with a description. By purchasing digital content in MQL5 Services... You agree not to use the right of withdrawal stipulated by law. ... 12.17. The User acknowledges and agrees that his/her Funds, the balance of which is displayed in the Client Area, are not a bank account, and therefore, no insurance, guarantee, replenishment or other protection tools from deposit insurance or bank insurance, as well as from any similar insurance systems, apply to him/her. No interest is paid on the User's Funds. ... 12.28. Under no circumstances shall MetaQuotes Ltd be liable for any damage incurred by the User as a result of improper use of his/her MQL5 ID, Login or Password by another person, or for unauthorized access to the User’s Client Area, regardless of whether they were authorized by the User or carried out without the User's knowledge.”

“11.4. These Terms of Use, as well as Your relationship with MetaQuotes Ltd hereunder shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws provisions. You and MetaQuotes Ltd agree that the courts of the Republic of Cyprus shall have exclusive jurisdiction over any dispute arising out of these Terms of Use.”

“The Company is incorporated in Saint Lucia and operates as an International Business Company. This means you do not benefit from the protections typically available under such regulatory frameworks, including compensation schemes... No Local Consumer Protections. Consumer protection laws, investor compensation schemes, financial ombudsman services, deposit insurance programs, and other protective measures that may exist in your jurisdiction likely do not apply to your trading activity with the Company. You may have limited or no recourse under local laws if disputes arise.”

“1.7. SYNTHETIC INSTRUMENTS RISKS... 1.7.2. No Underlying Market. SyntX instruments do not reference any real asset, security, commodity, or market. Prices cannot be verified against external markets and are determined solely by the Company’s proprietary algorithms... 1.7.8. No Regulatory Oversight. SyntX design and algorithms are determined solely by the Company without regulatory review or approval.”

“1.13.1.b) Sole Responsibility for Legal Compliance. You are solely and exclusively responsible for determining whether your use of the Company’s services complies with all applicable laws, regulations, and requirements in your jurisdiction. This includes, but is not limited to: i. Laws and regulations governing financial services, securities, derivatives, and foreign exchange. ii. Tax laws and reporting obligations. iii. Consumer protection regulations. iv. Capital control regulations. v. Anti-money laundering and counter-terrorism financing requirements. vi. Any other applicable legal or regulatory requirements.”

“THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 6 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. ... YOU AND SPOTIFY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION OR LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.”

“Accordingly, you hereby grant to Spotify a non-exclusive, transferable, sublicensable, royalty-free, fully paid, irrevocable, worldwide license to reproduce, make available, perform and display, translate, modify, create derivative works from, distribute, and otherwise use any such User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, in connection with the Spotify Service. Where applicable and to the extent permitted under applicable law, you also agree to waive, and not to enforce, any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.”

“You also grant to us the right (1) to allow the Spotify Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Spotify Service, and (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.”

“TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SPOTIFY... BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;... OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPOTIFY SERVICE... MORE THAN THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO SPOTIFY DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00. ... TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED... WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.”

“If twenty-five (25) or more claimants submit Notices or attempt to file Demands raising similar claims, are represented by the same or coordinated counsel... all of the cases must be resolved in arbitration through staged sets of proceedings. You agree to this process even though it may delay the arbitration of your case.”

“YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH NETFLIX (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). ... You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Netflix are each waiving the right to a trial by jury or to participate in a class action. ... YOU AND NETFLIX 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.”

“THE NETFLIX SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE NETFLIX SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ... TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL NETFLIX, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.”

“By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. ... This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against Uber, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against Uber by someone else—except as provided below in Section 2(a)(3)(c).”

“As a condition of agreeing to these Terms, you waive any attorney client privilege, work product privilege, common interest privilege, or similar protection, and to waive any claim of confidentiality, with respect to documents that you or your counsel share with a Litigation Funder and which you or your counsel receive from a Litigation Funder and/or the Litigation Funder’s counsel.”

“UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF UBER, EVEN IF UBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”

“UBER IS NOT A COMMON CARRIER OR MOTOR CARRIER AND DOES NOT TRANSPORT PASSENGERS OR GOODS. ... THIRD-PARTY PROVIDERS ARE INDEPENDENT AND NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF UBER IN ANY WAY. ... UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS.”

“Uber may, in its sole discretion, choose to purchase or maintain auto insurance related to transportation services provided by Third Party Providers, but it is not required to provide or maintain any specific type or amount of coverage unless required by law. ... You further expressly agree and acknowledge that Uber may change, reduce or cancel insurance that it maintains, if any, at any time without notice to you or authorization from you.”