Effective: December 1, 2022
Welcome to the TradeZing.com website (the “Site”), owned and operated by TradeZing LLC (“TradeZing”, “we”, “us”, “our”). Please read these Terms of Service carefully before using the Services (as defined below). These Terms of Service govern your use of and access to the Site, the software applications that TradeZing makes available for download to all related mobile apps (individually and collectively, the “App”), tools, products and services that we may offer from time to time (collectively, the “Services”). Any end user who accesses and uses the Services is a “User” under these Terms. Other services offered by TradeZing may be subject to separate terms.
THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND TRADEZING. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING YOUR ACCOUNT. BY USING OR ACCESSING THE SERVICES OR CREATING AN ACCOUNT, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE “ARBITRATION” SECTION BELOW FOR ADDITIONAL INFORMATION.
CHANGES TO THIS AGREEMENT
We may need to make changes to this Agreement from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at this Agreement regularly, which is posted on the Site at https://tradezing.com/terms-of-service/. If we make a material change to this Agreement, we will notify you by posting a notice on the Site. Your continued use of the Services following our posting of any revised terms will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.
Please review our Privacy Notice https://tradezing.com/privacy-policy/ in order to learn about our practices with respect to the collection and processing of your information, which is accessible at https://tradezing.com/privacy-policy/. The Privacy Notice is hereby incorporated by reference into this Agreement.
The Services are offered and available to natural persons who are 16 years of age or older. If you are under the age of 16, you are not permitted to register to use the Services or provide your personal information to TradeZing. If you are at least 16 and under 18, or the legal age of the majority where you reside, then you may register to use the Services, but only if you have the consent of your parent or guardian, including consent to this Agreement on your behalf. If you are a parent or guardian agreeing to this Agreement for the benefit of a child 16 or over, then you agree to and accept full responsibility for that child’s use of the Services, including all financial charges and legal liability that he or she may incur.
ACCESS TO THE SERVICES
Access to our Services may require the use of your personal computer or mobile device, as well as communication with or use of space on such devices. You are responsible for any internet connection or mobile fees and charges that you incur when accessing the Services. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES
By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. You are solely responsible for the security of your TradeZing account and you agree to maintain the security of your account and associated password. Do not share your password with any other person. You must notify us immediately by email at email@example.com if you discover or otherwise suspect any security breaches related to your account.
By creating an account, you consent to receive electronic communications from TradeZing, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF ALL MESSAGES FROM TRADEZING, YOU CAN EMAIL firstname.lastname@example.org, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including messages confirming the receipt of your opt-out request.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that we or our licensors own all legal rights, titles and interests in and to all elements of the Services. The Services, and all of its contents, including without limitation, the TradeZing names and logos, and visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (collectively “Site Content”) provided by TradeZing are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.
Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, download, copy, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.
The TradeZing name and logo, and all related names, logos, domains, product and service names, designs and slogans are trademarks of TradeZing or its licensors. You must not use such marks without the prior written permission of TradeZing. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
8. USER CONTENT
Certain features of the Services may permit you to submit, webcast, upload or otherwise transmit (collectively “Post”) live and pre-recorded streaming of audio and visual works, including, podcasts, pictures, photos, video images, audio, reviews and other types of work (including any voice, sound recordings, musical works or third-party content therein); to use Services, such as chat and message boards; and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images or other data or materials on the Services (“User Content”).
You are solely responsible for your User Content. TradeZing uses reasonable security measures in order to protect User Content against any unauthorized copying and distribution. However, TradeZing does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that TradeZing shall not be liable for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY TRADEZING HEREIN ARE PROVIDED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH
SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE THE SECURITY SAFEGUARDS OR CIRCUMVENT SUCH SECURITY MEASURES.
9. USER CONTENT REPRESENTATIONS AND WARRANTIES
You represent and warrant that; (a) you are the creator or own or control all rights in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (b) your User Content does not and will not infringe, violate, or misappropriate any privacy rights, publicity rights, copyrights, trademark rights, patent rights, trade secret rights, contract rights, or any other rights of any party, including the rights of any person visible in any of your User Content; (c) your User Content will not require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; (d) your User Content does not contain any viruses, adware, spyware or harmful or malicious code; and (e) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or any confidential information of TradeZing or third parties. Should the User Content contain the name, identity, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for you use of such features. TradeZing reserves all rights and remedies against any users who breach the aforementioned representations.
10. USER PROMOTIONS
Users may promote, administer, or conduct a promotion (e.g. a contest) on, through, or utilizing the Services (a “Promotion”). TradeZing is not the sponsor or promoter of these Promotions and does not bear any responsibility or liability for the Promotions. If you choose to participate in or administer a Promotion, it is your responsibility to read the terms and conditions of any Promotions and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in or administer any such Promotions in your country of residence.
If you wish to run your own Promotions, you must adhere to the following rules: ● You may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws; ● You must ensure that any collection, storage, processing and use of any personal data submitted by Users to your Promotion, is lawful in each country in which you operate, administer and promote the Promotion;
Without limitation to the aforementioned requirements, neither the Promotion nor the User Content uploaded by you to TradeZing in connection with the Promotion, shall include:
Notwithstanding any other provision in the Agreement, you represent and warrant to us that you will comply with all laws and regulations regarding endorsements or testimonials made by you in any User Content, including that you will: (a) make only accurate statements that represent your genuine experience with any product, good or service; and (b) make all required disclosures pursuant to the Federal Trade Commission’s (“FTC”) Guidelines Concerning the Use of Endorsements and Testimonials in Advertising, the FTC’s Disclosures Guide, the FTC’s Native Advertising Guidelines, and any other advertising guidelines required under applicable law.
USER AND USER CONTENT MONITORING
TradeZing has the right, but not the obligation to monitor User Content or the use of or access to the Site or Services. Nonetheless, TradeZing reserves the right to do so for the purpose of operating the Site, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Notice https://tradezing.com/privacy-policy/.
We reserve the right, but are not obligated, to remove or disable access to the Site or any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
In case we receive a written claim against you claiming that your User Content infringes upon individual rights, we may contact you to address the claim and give you the opportunity to solve it directly with the
claimant. Please note, however, that we reserve the right to decide on whether or not your User Content breaches our Terms of Service. Our decision is final and not appealable and may result in the removal of your content, the suspension or the cancellation of your account, as well as, in the most serious cases and if permitted by law, the referral of the case to the relevant criminal authorities.
We reserve the right to suspend or terminate your access to the Services if: (a) you materially or repeatedly breach our Terms of Service, Community Guidelines or applicable law; (b) we are required to do so to comply with a legal requirement or a court order; (c) if we reasonably believe that our provision of Services are no longer commercially viable; or (d) we reasonably believe there has been conduct that creates liability or harm to any user, other third party or Tradezing.
We will notify you with the reason for termination or suspension by Tradezing unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Tradezing; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party or Tradezing.
Most violations will result in a strike, which will be noted on the User’s account. Tradezing has a three strike policy. After three strikes, there will be a permanent ban. A strike will result in a suspension, which can last three days, seven days, one month or three months, depending on the severity of the User’s conduct. A User can appeal a suspension and request that the strike be removed. A Tradezing admin will evaluate the appeal and make a determination. In order to appeal, you must contact us email@example.com
Please note that Tradezing reserves the right to permanently ban you at any time for any conduct that we determine to be inappropriate or harmful, and even if you have no strikes, since such conduct clearly violates our Community Guidelines and/or Terms of Service.
While your account is suspended, you will not be able to use Tradezing in any way. After the suspension is lifted, you will be able to use our Services once again.
Where Tradezing is terminating your access for changes to our Services, where reasonably possible, you will be provided with sufficient time to export User Content from the Service.
TRADEZING LICENSE TO YOU
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Services or Site Content (except for User Content); (b) distribute, publicly perform or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us, and (f) use the Services or Site Content other than for their intended purposes.
YOUR LICENSE TO TRADEZING
Unless otherwise agreed to in a written agreement between you and TradeZing that was signed by an authorized representative of TradeZing, if you Post or store User Content using the Services or submit any ideas, suggestions, comments or feedback to us about the Services (collectively, “Feedback”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable license to:
(a) use and disclose your Feedback for any purpose, including without limitation, as part of the Services and any improvements and modifications thereto; (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting or redistributing part or all of the Services (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (c) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content.
You represent and warrant that such User Content may be used by TradeZing and its sub-licensees to the extent indicated in this Agreement. This means that you are granting TradeZing the right to use your User Content without the obligation to pay royalties to any third party, including a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO“), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through this Agreement to TradeZing. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. You further acknowledge and agree that we shall have no obligation to compensate you for any use of your Feedback, nor will we be under any obligation to use any Feedback you may submit
With respect to streaming live and pre-recorded audio-visual works, the rights granted by you hereunder terminate once you delete such User Content from the Services, or generally by closing your account, except: (a) to the extent you shared it with others as part of the Services and others copied or stored portions of the User Content; (b) TradeZing used it for promotional purposes; and (c) for the reasonable time it takes to remove from backup and other systems
YOUR LIMITED LICENSE TO OTHER USERS
By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by this Agreement and the functionality of the Service.
THIRD PARTY WEBSITES AND APPLICATIONS
The Services may contain links to third party websites, services, and applications that are not owned, operated or controlled by us (“Third-Party Applications”). All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these Third-Party Applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any Third-Party Applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Third-Party Applications, or the information or
material accessed through these Third-Party Applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Applications.
ACCEPTABLE USE AND USER CONDUCT
You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:
If you violate the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards, TradeZing reserves the right, in its sole discretion, to suspend or terminate your account and block your access to the Site and Services.
TradeZing respects the intellectual property rights of all creators. If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:
Please send the DMCA notice to our designated Copyright Agent at:
Please include the following in the subject line of your letter and/or email: TradeZing.com DMCA Notice.
In response to a valid DMCA notice, TradeZing reserves the right to remove the allegedly infringing content from the Site. Doing so may restrict access to, or the ability to view User Content on the Site. TradeZing will have no liability whatsoever to a User where User Content is removed from the Site in response to a valid DMCA notice.
VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRADEZING MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (I) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; AND (II) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, OR SITE CONTENT. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (1) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF TRADEZING ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (2) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE; OR (3) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES. WHILE TRADEZING ATTEMPTS
TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, TRADEZING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) CORRUPTED ELECTRONIC WALLET FILES; (D) UNAUTHORIZED ACCESS TO APPLICATIONS; (E) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (F) ANY TRANSACTIONS CONDUCTED THROUGH THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
By using the Services, you agree to indemnify, defend and hold TradeZing and its past, present and future parent, affiliates and subsidiaries, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services: (ii) any violation by you of this Agreement, our Privacy Notice https://tradezing.com/privacy-policy/ or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third-party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TRADEZING, OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY THIRD PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL
INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF TRADEZING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US IS TO DISCONTINUE YOUR USE OF THE SITE AND/OR SERVICES. NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF TRADEZING ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE ACCESS TO AND USE OF THE SITE, SERVICES, SITE CONTENT, OR ANY PRODUCTS OR SERVICES PURCHASED ON THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT ACTUALLY RECEIVED BY TRADEZING FROM THE SALE OF THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CLAIM (LESS ALL COSTS, FEES, COMMISSIONS AND OTHER LIABILITIES INCURRED BY TRADEZING IN CONNECTION THEREWITH).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
MODIFICATIONS TO THE SERVICE
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof) or suspend or discontinue any transaction at any time and without liability therefor.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and TradeZing or its successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in New York, New York, and will be governed by the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and TradeZing must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR TRADEZING MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) the arbitration shall be confidential, and neither you nor TRADEZING may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (4) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (5) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
We control and operate the Services from the United States. We do not represent that the Site Content or other materials on the Services are appropriate or available for use in other locations. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable.
You agree that any dispute arising under or related to this Agreement will be governed by, and construed in accordance with, the laws in effect in the State of New York, without regard to its conflicts of law principles. Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in New York, New York, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.
If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.
All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your Account shall so survive.
This Agreement, together with the Privacy Notice https://tradezing.com/privacy-policy/ and any other agreements expressly incorporated by reference to this Agreement, are entire agreement between you and TradeZing with respect to the Site, Services, Site Content, and any transaction conducted on or through the Site or Services, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and TradeZing with respect to those
matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of TradeZing. TradeZing’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of TradeZing’s right to enforce such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
EXPORT CONTROLS AND TRADE AND ECONOMIC SANCTIONS
You agree to comply fully with all applicable United States and international export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and trade and economic sanctions maintained by the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) (“Export Laws”). Specifically, You agree not to, directly or indirectly, sell, export, reexport, transfer, or divert to or otherwise allow the use of the Service in any destination or by any entity or person or for any use prohibited by the laws or regulations of the United States or other applicable country without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This clause shall survive termination or cancellation of this Agreement.
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate the Services or terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event, to the fullest extent permitted by applicable law.
If you have any questions about the Services or the terms of this Agreement, please send us an email at firstname.lastname@example.org.
NOTICE REGARDING APPLE
This Section 35 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this Agreement is between you and TradeZing only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service or the App. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other
warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using TradeZing.com, you agree to follow and bound by the following Terms & Conditions concerning your use of the TradeZing.com. TradeZing.com reserves the rights, in its sole discretion, to change, modify, add, or remove any portion of this Agreement in whole or in part, at any time without notice to you.
All content present on TradeZing.com is the exclusive property of TradeZing LLC including all the software, text, images, graphics, video and audio used on this site.
TradeZing.com makes every effort to provide current and accurate information. TradeZing.com does not warrant the accuracy or integrity of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed through the site.
TradeZing.com may provide links to third party websites operated by other entities. If you decide to visit any linked site not affiliated with TradeZing.com, you are doing so at your own risk. You agree that TradeZing.com is not responsible for the availability of, and content provided on third party websites.
TradeZing.com may terminate, change, suspend, or discontinue any aspect of the TradeZing.com website at any time including the availability of any features of the site, at any time. TradeZing LLC may also impose limits on certain features and services or restrict your access to parts or the whole of the site without notice or liability.
TradeZing.com makes no warranty that:
A) The Site will meet the User’s requirements.
B) The Site will be available on an uninterrupted, timely, secure or error-free basis.
TradeZing.com may at any time revise these Terms and Conditions without notice. Users are bound by the most current Terms and Conditions each time they visit our site.
TYPES OF INFORMATION COLLECTED
TradeZing LLC is sensitive and committed to protecting your privacy. No personal information is automatically collected from you. We collect personally identifiable information like company information, first and last names, postal and email addresses, phone number and other contact information only when you voluntarily submit it. We will not distribute any personal information to third parties without your permission.
TradeZing LLC will not disclose any personal information; however, we may disclose personal information in the following circumstances:
Disclosure pertaining to Law Enforcement:
We may be required by law to distribute information to governmental agencies when a formal request has been made. We may do so when disclosure is necessary to protect our intellectual rights and properties. In such an event, we shall notify you.
THIRD PARTY LINKS
We may provide images or links that that will direct you to third party websites. You will be subject to their separate and independent Privacy Policies. Use of their products and services are at your own risk. TradeZing LLC will not be responsible or liable for their content, activities and informational disclosure.
ACCESSING PERSONAL INFORMATION
You are entitled to make changes to your personal information. We attempt to keep our records as accurate and complete as possible. You can help us maintain the accuracy of your information by notifying us of any changes to your personal information.
We may contact you via email or through other communications regarding current development and services. To modify or delete any of the personal information you have submitted to us, please contact us and we shall go about updating your preferences upon ascertaining your identity.