The following User Agreement (“Agreement”) governs your membership to and use of TradersEdgeLLC.com (“Website”).
BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS OF USE, PLEASE EXIT THIS WEBSITE. YOU AGREE THAT, BY ACCESSING THIS WEBSITE AND/OR BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back regularly. Continued access to the Website by you will constitute your acceptance of any changes or revisions to the Agreement.
Your failure to follow these rules, whether listed below or in bulletins posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider’s other remedies.
Registration & Account Creation
REGISTRATION INFORMATON: Service Provider may at times require that you register and/or set up an account to use certain portions of the Website, or the Website as a whole. In order to do so, you may be provided, or required to choose, a password, User ID, and/or other registration information (collectively, “Registration Information”). You agree and represent that all Registration Information provided by you is accurate and up-to-date. If any of your Registration Information changes, you must update it by using the appropriate update mechanism on the Website.
USE OF USER ID/PASSWORD:
A. If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell, or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.
B. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
C. 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 Registration Information or any credit, debit, or charge card number stored on the Website), you must promptly change the affected Registration Information by contacting Support@TradersEdgeLLC.com.
FEE & PAYMENTS:
A. Service Provider or third parties may charge you fees for products or services offered for sale through the Website, and/or for access to portions of the Website or the Website as a whole. You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by Service Provider or by any third party vendor or provider (such fees, charges, and taxes shall collectively be referred to as "Fees"). Service Provider reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.
B. If you submit your credit, debit, or charge card information to Service Provider upon registration or otherwise, you give Service Provider permission to charge all Fees incurred through your account to the credit, debit, or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to Service Provider for any reason, including charge back, Service Provider reserves the right to either suspend or terminate your account and all its obligations under this Agreement.
Rules of Usage
USE OF THE WEBSITE BY YOU:
A. Unless otherwise specified, the Website is intended for your personal use only. You may not authorize others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website.
B. The Website contains material that is protected by state, national, and international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material, including code and software, from the Website. You may download material from the Website and may use the Website for your personal use only, provided you keep intact all copyright and other proprietary notices. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any right or license to use any trade names, trademarks or service marks of the Trader's Edge LLC or its affiliates without prior express written permission of the Trader's Edge LLC or its relevant affiliates.
Compliance with Intellectual Property Laws. When accessing this Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of this Website and the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content (collectively, “Content”) in violation of any third-party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content that you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
C. The Website is not intended for users under the age of 13 years, and Website Provider does not knowingly collect personally identifiable information from users under the age of 13 years. Such users are expressly prohibited from submitting their personally identifiable information to us; any information submitted by such users will not knowingly be used, posted, or retained by us.
D. You agree not to use any obscene, indecent, or offensive language or to place on the Website any material that is defamatory, abusive, harassing, racist, sexist or hateful. Further, you may not place on the Website any material that is encrypted, constitutes junk mail or unauthorized advertising, commercial offers, invades anyone’s privacy, encourages conduct that would constitute a criminal offense, gives rise to civil liability, or that otherwise violates any local, state, federal, national, or international law or regulation. You agree to use the Website for lawful purposes only and you acknowledge that your failure to do so may subject you to civil and criminal liability.
E. You are responsible for ensuring that any material you provide to the Website or post on a bulletin board or forum or elsewhere, including but not limited to text, photographs, and sound, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is posted with the permission of the owner(s) of such rights.
F. The content, organization, graphics, text, images, video, design, compilation, advertising, and all other material on the Website, including without limitation, the “look and feel” of this Website, are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the property of Website Provider or its licensors. The copying, rearrangement, redistribution, modification, use, or publication by you, directly or indirectly, of any such matters or any part of the Website, including, but not limited to, the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
G. You may not in any way make commercial or other unauthorized use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Website, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider or the Website.
H. You are prohibited from violating or attempting to violate any security features of this Website or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services, this Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to this Website or the Services, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) using this Website or the Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Trader's Edge LLC in providing this Website or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
I. Other than connecting to Service Provider’s servers by http requests using a Web browser, you may not attempt to gain access to Service Provider’s servers by any means—including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.
J. You acknowledge that Service Provider has not reviewed and does not endorse the content of all sites linked to from this Website and is not responsible for the content or actions of any other sites linked to from this Website. Your linking to any service or site is at your sole risk.
K. Indemnity. You agree to indemnify the Trader's Edge LLC for certain of your acts and omissions. You agree to defend, indemnify and hold the Trader's Edge LLC, its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, consultants, agents and representatives, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to attorneys’ fees) arising out of: (a) your activities in connection with this Website; (b) any violation of these Terms and Conditions of Use by you; (c) any improper or unauthorized use of the Website materials or the Services by you; or (d) any allegation that anything you transmit through or in connection with this Website infringes or otherwise violates the copyright, trademark, trade secret, privacy or other rights of any third-party.
L. Copyright. This Website is protected by U.S. and foreign copyright laws. Except for your information and personal, non-commercial use as authorized herein, you may not modify, reproduce or distribute the design or layout of this Website or individual sections of the design or layout of this Website or any of the content within this Website without the Trader's Edge LLC’S prior written permission.
M. Governing Law. These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of Ohio, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Columbus, Ohio. in all disputes arising out of or related to the use of this Website or the Services.
N. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, then all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
O. No License. Nothing contained on this Website should be understood as granting you a license to use any of the trademarks, service marks or logos owned by the Trader's Edge LLC or by any third-party.
P. Termination or Suspension of Access to the Website:
Service Provider has the right to terminate and/or suspend your ability to access the Website or any portion thereof, for any or no reason, without notice.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS,” AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, AND/OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. YOU WAIVE, ANY AND ALL PROVISIONS, RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES, OR PRINCIPLE OF COMMON LAW, WHICH IS SIMILAR, COMPARABLE OR EQUIVALENT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”