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Get ahead of the market curve each trading day with Larry Benedict, a distinguished Barron’s Top 100 hedge fund manager and the founder of the Opportunistic Trader ETF (WZRD). With his analyst, Eric Shamilov, Larry provides live, pre-market trading insights and strategic analysis, equipping you with the knowledge to make smart trading decisions.
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Last Updated: March 11th, 2026
Welcome to the TradeZing.com website (the “Website”), 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 (the “Terms”) govern your use of and access to the Website, 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.
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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.
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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.
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TradeZing offers separate services that provide additional benefits and access in the form of a paid subscription (the “Subscription Service”). We reserve the right to modify, terminate or otherwise amend the Subscription Service including any offerings associated with the Subscription Service at any time.
The Subscription Service requires payment before you can access it. TradeZing in its discretion may offer multiple types of Subscription Service and reserves the right to modify, terminate, or otherwise amend features included in the Subscription Service at any time. We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Subscription Service. We are not responsible for the products and services provided by such third parties.
You can choose between a monthly or yearly subscription for the Subscription Service. When you purchase your selected Subscription Service, you will have access to any Subscription Service item or content currently available within that Subscription Service for the period you have chosen.
We may decide to periodically update the Subscription Service features, software and/or content made available, and some Subscription Service features, software and/or content may become unavailable or be made available for free when this happens.
Your access to the Subscription Service begins as soon as your initial payment is processed. Your Subscription Service will automatically renew each month or year depending on the term you have chosen without notice until you cancel. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every month or year until you cancel. We will automatically charge you the then-current rate for the Subscription Service and applicable taxes (including sales taxes, VAT or GST if applicable), every month or year upon renewal until you cancel.
We may change the Subscription Service rate, and we will notify you of any applicable rate change in advance with the option to cancel. Subject to applicable law, you accept the new price by continuing to use the Subscription Service after the price change takes effect. If during the term of your Subscription Service the applicable sales tax, VAT, GST rate or any other tax or duty changes, we will adjust the tax-inclusive price accordingly on your next billing date.
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TRADEZING RECEIVES COMPENSATION FROM AFFILIATE PARTNERS FOR REFERRALS AND PURCHASES MADE THROUGH LINKS, OFFERS, OR PROMOTIONS ON THE PLATFORM. THIS COMPENSATION MAY AFFECT WHICH PARTNERS ARE DISPLAYED, HOW OFFERS ARE PRESENTED, AND HOW THEY ARE RANKED. CASH BACK REWARDS ARE FUNDED IN PART FROM THESE PAYMENTS.
(a) Program Terms. TradeZing may offer eligible TradeZing PRO members the opportunity to receive promotional cash back rewards in connection with qualifying purchases made through participating third-party merchants and service providers (each, an “Affiliate Partner”). TradeZing may receive compensation from Affiliate Partners in connection with such referrals, and a portion of such compensation may be shared with eligible members as cash back rewards. Cash back rewards are promotional incentives and do not constitute wages, interest, stored value, or property of any member until paid. TradeZing does not hold funds on behalf of members and does not act as a trustee, custodian, or fiduciary with respect to any cash back amounts.
(b) Eligibility. Eligibility for cash back rewards is determined based on tracking and reporting provided by Affiliate Partners and is subject to verification. TradeZing does not guarantee that any transaction will be tracked, credited, or approved. Purchases made using ad blockers, cookie restrictions, private browsing, or similar technologies may not qualify.
(c) Payments. To request payment of approved cash back rewards, you must maintain an active paid TradeZing PRO subscription, maintain a compliant account in good standing, and provide complete and accurate payment and identity information. Payments are issued only after TradeZing receives corresponding compensation from the applicable Affiliate Partner. Cash back rewards are calculated on net purchase amounts, excluding taxes, fees, shipping, discounts, credits, returns, and cancellations. Reward rates, eligibility criteria, and participating Affiliate Partners may change from time to time. Payments are issued in U.S. dollars through approved third-party payment processors. TradeZing is not responsible for delays, errors, or failures caused by such providers. TradeZing may withhold, adjust, deny, or reverse cash back rewards in cases of fraud, abuse, technical error, misattribution, violation of these Terms, or non-compliance with Affiliate Partner requirements. All determinations are made in good faith and consistent with applicable law. Approved rewards that are not requested for payment within twelve (12) months after approval may be forfeited, subject to applicable unclaimed property laws.
Participation in the Cash Back Program is voluntary and may be modified, suspended, or discontinued by TradeZing at any time on a prospective basis. Changes will not materially reduce approved and unpaid rewards except as required by law or in cases of fraud or error.
TradeZing is not responsible for the products, services, representations, or policies of any Affiliate Partner. All purchases are governed by the Affiliate Partner’s terms.
As between TradeZing and you, you shall be solely responsible for paying any and all sales, use, value-added, withholding, excise, transaction-based, and other taxes, duties, levies, assessments, or similar governmental charges (excluding taxes imposed on TradeZing’s net income) now or hereafter imposed by any federal, state, local, or foreign governmental authority (collectively, “Taxes”) arising out of or relating to your access to or use of the Services. Except for taxes imposed on TradeZing’s net income, you agree that: (i) you will pay or reimburse TradeZing for all Taxes of any jurisdiction, including value-added taxes, digital services taxes, and taxes imposed pursuant to international tax treaties, customs, or similar regimes, that are imposed based on fees charged, services provided, payments made, or other activities conducted in connection with the Services; and (ii) you shall not be entitled to deduct the amount of any such Taxes, duties, or assessments from any amounts paid or payable to TradeZing under these Terms. TradeZing shall have the right to collect applicable Taxes from you where required by law, and you agree to provide any information reasonably requested by TradeZing to determine applicable tax obligations or reporting requirements.
You acknowledge and agree that we or our licensors own all legal rights, titles and interests in and to all elements of the Services, including all intellectual property and proprietary rights therein. 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, “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 Content is owned or controlled by us or by other parties that have provided rights thereto to us.
Subject to your compliance with this Agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and personal license to access and use the Services and Content solely for their intended purposes. Such license does not include any right to: (a) sell, resell or use commercially the Services or Content (except for User Content); (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Services or 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 Content, except as expressly permitted by us, and (f) use the Services or Content other than for their intended purposes.
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 Content or any portion thereof, for any purpose or by any means, method, or process, including without limitation by scraping, data mining, automated access, reverse engineering, decompiling, disassembling, creating derivative works, or otherwise exploiting the Content for commercial purposes. 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, and may subject you to civil and criminal liability.
The TradeZing name and logo, and all related names, logos, domains, product and service names, designs, slogans, service marks, trade names, and trade dress are trademarks of TradeZing or its licensors (the “TradeZing Trademarks”). You must not use such marks without the prior written permission of TradeZing, except as expressly permitted under this Agreement. Nothing in this Agreement grants you any right, title, or interest in or to the TradeZing Marks, whether by implication, estoppel, or otherwise. Any use of the TradeZing Marks shall inure solely to the benefit of TradeZing, and you agree not to take any action that would impair, dilute, tarnish, or otherwise harm the reputation or goodwill associated with the TradeZing Marks. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners, and nothing in this Agreement grants you any rights in or to such third-party marks. TradeZing reserves all rights not expressly granted under this Agreement.
TradeZing’s platform may generate alerts or insights through the use of artificial intelligence and automated analytical tools applied to publicly available media content, including, but not limited to, video segments or commentary from outlets such as CNBC, Fox Business, Yahoo Finance, and other publishers (“Media Sources”).
TradeZing is not affiliated with, endorsed by, or sponsored by any Media Source. References to Media Sources are made solely for descriptive purposes to identify the original content analyzed and do not imply authorship, approval, licensing, or endorsement of TradeZing’s alerts or platform by those entities.
All alerts, signals, or insights presented on the TradeZing platform represent TradeZing’s own analytical outputs derived from its AI systems. Such outputs are distinct from, and should not be construed as, statements made by any Media Source or as reproductions of original Media Source content. Users acknowledge and agree that:
TradeZing does not guarantee that Media Source content will be continuously available, properly indexed, or accurately interpreted by its systems.
(a) General. Certain features of the Services may permit you to submit, upload, transmit, stream, post, store, or otherwise make available audio, visual, written, or other materials, including videos, images, podcasts, reviews, messages, and similar content (“User Content”). You are solely responsible for all User Content you submit through the Services. Although TradeZing uses commercially reasonable security measures, we do not guarantee that User Content will be protected against unauthorized access, copying, or distribution. To the fullest extent permitted by law, TradeZing disclaims all liability for any unauthorized use of User Content by third parties. Security measures are provided “as is,” without warranties of any kind. You represent and warrant that: (i) you own or have all necessary rights in and to the User Content or; (ii) your User Content does 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 person; (iii) your User Content does not require payment of royalties, fees, or any compensation to third parties; (iv) your User Content does not contain any harmful code; and (v) your User Content does not include confidential or non-public information without authorization. You further represent that you have obtained all necessary consents from individuals appearing in your User Content.
(b) Monitoring, Enforcement, and Removal. TradeZing may, but is not obligated to, monitor, review, or analyze User Content and use of the Services for compliance, operational, or legal purposes, in accordance with our Privacy Policy. We reserve the right, in our discretion and without notice, to remove, restrict, or disable access to any User Content or account that we believe violates this Agreement, applicable law, or our policies. We may investigate suspected violations and cooperate with law enforcement where required. If we receive an infringement or rights-based complaint regarding your User Content, we may notify you and permit you to respond, but TradeZing retains final authority to determine appropriate action, including content removal, account suspension, or termination.
(c) License to TradeZing and Feedback. By submitting or posting User Content or providing ideas, suggestions, or feedback (“Feedback”), you grant TradeZing a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, and sublicensable license to use, reproduce, modify, adapt, distribute, perform, display, and create derivative works from such User Content and Feedback in connection with the Services and TradeZing’s business, including for promotional and marketing purposes, in any media now known or later developed. You also grant TradeZing the right to use your name, likeness, voice, and biographical information in connection with such User Content, as permitted by law. You acknowledge that no royalties or compensation are owed to you or any third party in connection with such use, including any performing rights organizations, record labels, publishers, or similar entities. You are solely responsible for compliance with any applicable reporting or licensing obligations. With respect to live or recorded audiovisual content, the foregoing license will terminate upon deletion of such content or account closure, except to the extent: (i) the content has been shared or copied by others; (ii) it has been used for promotional purposes; or (iii) it remains in backup or archival systems for a reasonable period.
(d) Promotions, Sponsored Content, and Third-Party Offers. Users may post or distribute content that promotes contests, giveaways, affiliate offers, sponsored content, or other promotional activities (“Promotions”). TradeZing does not sponsor, endorse, administer, or control any Promotions and is not responsible for their operation, legality, or compliance with applicable law. You are solely responsible for ensuring that any Promotions you create, post, or administer comply with all applicable laws, regulations, and industry guidelines, including advertising, consumer protection, and privacy laws. You must clearly and conspicuously disclose any material connection, sponsorship, or financial relationship in connection with any Promotion, as required by applicable law and regulatory guidance, including the Federal Trade Commission’s endorsement and advertising guidelines. TradeZing reserves the right, but not the obligation, to remove or restrict access to any Promotional content that violates this Agreement or applicable law.
(a) Third-Party Websites, Applications, Integrations. The Services may contain links to third party websites, services, and integrations that are not owned, operated or controlled by us, including, but not limited to including brokerage connectivity providers such as SnapTrade and supported brokerage firm (collectively, “Third-Party Services”). All Third-Party Services are provided solely for your convenience.
TradeZing does not own, operate, control, recommend, or endorse any Third-Party Services and is not responsible for their content, products, services, security practices, availability, pricing, or privacy policies. Your access to and use of any Third-Party Services is at your own risk and is governed solely by your separate agreements with the applicable third-party providers.
(b) Brokerage Connectivity and Platform Role. To the extent the Services permit you to connect brokerage accounts or transmit user-authorized trade instructions, TradeZing’s role is limited to providing a technical interface. All order execution, pricing, routing, clearing, settlement, margin, account restrictions, availability, and order handling are the sole responsibility of the applicable brokerage provider. TradeZing does not guarantee the accuracy, completeness, reliability, or timeliness of any information obtained from Third-Party Services and is not responsible for outages, system failures, partial fills, rejected orders, delays, or service interruptions.
(c) Trade Review, Confirmation, and Execution Disclaimer. Any trade functionality made available through the Services, including “Trade Now” or similar features, requires your explicit, contemporaneous review and affirmative confirmation before submission to a third-party brokerage. Any pre-filled trade details, suggested quantities, pricing references, or order parameters are provided solely for your convenience and may be incomplete, delayed, stale, or inaccurate. You are solely responsible for reviewing and confirming all order details prior to submission. TradeZing makes no representations or warranties regarding execution timing or speed, pricing or price improvement, partial fills or order rejection, market volatility, slippage, liquidity, or the availability of brokerage or API connectivity.
(d) TradeZ Interface and User-Directed Trading. TradeZ is a chat-based, user-facing interface made available as part of the Services that allows Users to view market information, interact with analytical tools, and transmit user-directed trade instructions to supported third-party brokerage accounts (the “TradeZ Interface”). The TradeZ Interface is user-directed only, and all trading activity is initiated, reviewed, and affirmatively approved by you. TradeZing does not independently initiate, schedule, modify, or execute any trade. TradeZ does not recommend, endorse, suggest, or otherwise promote any specific security, transaction, trading strategy, or investment approach, and any information, analytical output, or pre-filled trade parameters are provided solely for informational and convenience purposes and do not constitute personalized recommendations. You acknowledge and agree that (i) all trades executed through the TradeZ Interface occur solely through third-party brokerage providers pursuant to your separate agreements with such providers, (ii) the terms, conditions, pricing, execution, and settlement of such trades are governed exclusively by those providers, and (iii) TradeZing has no responsibility or liability for any acts, omissions, errors, delays, or failures of such providers.
In no event shall TradeZing be liable, directly or indirectly, for any loss or damage arising out of or related to your access to, use of, or reliance on any Third-Party Services, including brokerage providers, websites, applications, or integrations.
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 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 Website and Services, in whole or in part, and without liability to you.
TradeZing respects the intellectual property rights of all creators. If you believe that any 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:
Email: [email protected]
Please include the following in the subject line of your letter and/or email: TradeZing.com DMCA Notice.
If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification in accordance with the DMCA. Any counter-notice must include: (i) your physical or electronic signature; (ii) identification of the removed material and its prior location; (iii) a statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification; and (iv) your name, address, telephone number, and a statement consenting to the jurisdiction of the federal court in your district of residence and acceptance of service of process.
Upon receipt of a valid counter-notification, TradeZing may restore the removed material in accordance with applicable law, unless the original complaining party files an action seeking a court order.
In response to a valid DMCA notice, TradeZing reserves the right to remove the allegedly infringing content from the Website. Doing so may restrict access to, or the ability to view User Content on the Website. TradeZing will have no liability whatsoever to a User where User Content is removed from the Website in response to a valid DMCA notice.
TradeZing reserves the right, in appropriate circumstances and in its discretion, to terminate the accounts of users who are repeat infringers.
The information provided through the Services is for informational purposes only. No information included on the Services constitutes financial, investment, legal, tax, or other professional advice. All of the information is general in nature and not specific to you. You should not rely on any information or content on the Services to make an investment decision. You should consult with a qualified financial professional to determine what may be best for your individual needs. You are solely responsible for conducting your own independent research and due diligence before making any investment or financial decision. We do not make any guarantee or other promise as to any results that may be obtained from using the Services.
You acknowledge and agree that TradeZing does not have a fiduciary relationship or duty to you, and that your use of the Services does not create any fiduciary duty, agency, or advisory relationship between you and TradeZing.
None of the information and/or content available through the Services is intended as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any company, financial product, security, digital asset, or commodity. To the maximum extent permitted by law, we disclaim any and all liability in the event any information, commentary, analysis, opinions, or other content prove to be inaccurate, incomplete, or unreliable, or result in any investment or other losses.
TRADEZING IS NOT A BROKER-DEALER OR PLACEMENT AGENT. AT NO TIME DOES TRADEZING OFFER, BROKER, ADVISE, PURCHASE, SELL, OR OTHERWISE FACILITATE OR TRANSACT IN SECURITIES REGULATED BY THE SEC OR FEDERAL OR STATE LAW. TRADEZING IS NOT A PERSONAL FINANCIAL ADVISOR, REGISTERED INVESTMENT ADVISER, OR COMMODITY TRADING ADVISER. TRADEZING, WHETHER THROUGH THE SERVICES OR OTHERWISE, DOES NOT PROVIDE PERSONAL FINANCIAL ADVICE, LOANS OR CREDIT, BANKING, CONSUMER CREDIT RATINGS, CREDIT DECISIONS, FINANCIAL PRODUCTS, BROKERAGE ACCOUNTS, INSURANCE, TAX ADVICE, LEGAL ADVICE, INVESTMENT MANAGEMENT, PORTFOLIO MANAGEMENT, OR FINANCIAL OR LEGAL SERVICES OF ANY KIND.
Certain statements made through the Services, including statements regarding future performance, plans, objectives, expectations, projections, or estimates, may constitute “forward-looking statements” under applicable securities and consumer protection laws. Such statements are based on current expectations and assumptions and involve known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied. Important factors that may affect actual results include, without limitation, market conditions, regulatory developments, technological changes, and third-party dependencies. TradeZing undertakes no obligation to update or revise any forward-looking statements, except as required by law.
You acknowledge and agree that financial markets are inherently volatile and that investing and trading involve substantial risk of loss. The use of the Services does not eliminate or reduce investment risk, and TradeZing does not guarantee any particular outcome, performance, profit, or loss avoidance. Without limiting the foregoing, you acknowledge and accept that, among other risks:
You further acknowledge and agree that TradeZing shall not be liable for any losses, damages, or claims arising out of or relating to: (i) market volatility, price fluctuations, slippage, or liquidity conditions; (ii) the submission, modification, cancellation, or execution, or failure thereof, of any trade instructions initiated by you; (iii) delayed, rejected, partially filled, or failed orders; (iv) outages, disruptions, latency, or failures of application programming interfaces, brokerage systems, market data feeds, or other third-party services; or (v) interruptions, errors, limitations, or restrictions imposed by third-party brokerages or connectivity providers. You assume full responsibility for all risks associated with your use of the Services and for any financial or trading decisions you make based on the Content.
You represent and warrant that you are not (i) located in, or a citizen or resident of, any country or territory that is the subject of U.S. or other government sanctions or embargoes; or (ii) listed on any restricted parties list maintained by the U.S. government or other applicable jurisdictions. We reserve the right to deny access to the Services or terminate your Account if we reasonably suspect you are subject to any such restrictions.
USERS OF THE WEBSITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE OR SERVICES IS AT THEIR SOLE RISK. THE WEBSITE, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND “WITH ALL FAULTS.” 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: (A) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE WEBSITE OR SERVICES; AND (B) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE WEBSITE, SERVICES, OR CONTENT.
WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (I) THAT THE SERVICES, ANY PORTION OF THE WEBSITE 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; (II) THAT ACCESS TO THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THAT THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, CURRENT, OR SAFE.
WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE WEBSITE OR SERVICES. WHILE TRADEZING ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT SAFE, TRADEZING CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, 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, EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW.
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: (1) USER ERROR SUCH AS FORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (2) SERVER FAILURE OR DATA LOSS; (3) CORRUPTED ELECTRONIC WALLET FILES; (4) UNAUTHORIZED ACCESS TO APPLICATIONS; (5) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING, SOCIAL ENGINEERING, OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (6) ANY TRANSACTIONS CONDUCTED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU.
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, in connection with, or relating to:
The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, including the selection of counsel, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses, and you shall not settle any such matter without TradeZing’s prior written consent, which shall not be unreasonably withheld.
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 WEBSITE, SERVICES, ANY CONTENT OR OTHER MATERIALS, OR ANY THIRD PARTY WEBSITES OR PRODUCTS (INCLUDING WITHOUT LIMITATION ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, SYSTEM FAILURES, OR UNAUTHORIZED ACCESS), 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 WEBSITE 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 WEBSITE, SERVICES, 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.
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) we reasonably believe that our provision of Services is 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 of the reason for any termination or suspension unless we reasonably believe that to do so: (i) would violate the law or the direction of a legal enforcement authority or would otherwise risk legal liability for TradeZing; (ii) would compromise an investigation or the integrity or operation of the Service; or (iii) 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, subject to our discretion and applicable law. 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, which shall be final. In order to appeal, you must contact us [email protected].
Please note that TradeZing reserves the right to permanently ban you at any time for any conduct that we determine, in our reasonable discretion, to be inappropriate or harmful, including 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, subject to continued compliance with this Agreement.
Where TradeZing is terminating your access due to material changes to or discontinuation of the Services, where reasonably possible, you will be provided with sufficient time to export User Content from the Service, except where prohibited by law or where doing so would pose security, legal, or operational risks.
Any and all controversies, disputes, demands, counts, claims, or causes of action arising out of or relating to this Agreement, the Services, or the relationship between you and TradeZing, including the interpretation, enforceability, scope, or validity of this arbitration provision, between you and TradeZing or its successors or assigns (each, a “Claim”) shall be resolved exclusively through final and binding arbitration on an individual basis, except that either party may bring an individual action in small claims court if the claim qualifies and remains in such court.
Before initiating arbitration, the party asserting a Claim must first provide the other party with written notice of the Claim (“Notice of Dispute”) describing the nature and basis of the Claim and the relief sought. The parties agree to use good faith efforts to resolve the Claim for at least thirty (30) days following receipt of the Notice of Dispute before commencing arbitration.
You may opt out of this arbitration provision by sending written notice of your decision to opt out to [email protected] within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, account information, and a clear statement that you wish to opt out of this arbitration agreement. If you timely opt out, neither you nor TradeZing will be bound by this arbitration provision.
Arbitration shall be subject to the Federal Arbitration Act and shall preempt all state laws to the fullest extent permitted by law. Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator selected in accordance with the Rules, and may be conducted in New York, New York, or by telephone, videoconference, or written submissions, and will be governed by the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable (collectively, the “Rules and Procedures”).
To the fullest extent permitted by applicable law, you and TradeZing agree that: (a) 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; (b) 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; (c) the arbitration shall be confidential to the extent permitted by law, and neither party may disclose the existence, content, or results of any arbitration, except as required by law or for purposes of enforcement; (d) the arbitrator may award any individual relief that would be available in an individual action in court under applicable law; and (e) the arbitrator may award attorneys’ fees and costs to the prevailing party if authorized by applicable law or this Agreement, 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 Content or other materials on the Services are appropriate or available for use in other locations. Persons who access the Services from other locations do so on their own initiative, and are responsible for compliance with all applicable laws, to the extent such laws apply.
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, and except for claims properly brought in small claims court, 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 County, New York, and to the exercise of personal jurisdiction in such courts in connection with any such dispute and you waive any objection based on forum non conveniens or improper venue.
Neither party shall be liable for any failure or delay in performance under this Agreement (other than payment obligations) to the extent such failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, floods, fires, earthquakes, pandemics, epidemics, public health emergencies, war, terrorism, riots, civil unrest, labor disputes, strikes, governmental orders, changes in law, embargoes, failures of utilities, telecommunications, or internet services, cyberattacks, or failures of third-party hosting or infrastructure providers (each, a “Force Majeure Event”). The affected party shall use commercially reasonable efforts to mitigate the effects of any Force Majeure Event and resume performance as soon as reasonably practicable. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate this Agreement upon written notice, without liability, except for obligations accrued prior to such termination.
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.
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.
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.
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.
This Section applies solely to the extent you access or use the Services through a mobile application on an iOS-powered device. You acknowledge that this Agreement is between you and TradeZing only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Service or the content thereof. Apple is not a party to this agreement. TradeZing, and not Apple, is solely responsible for providing any maintenance and support services with respect to the Service and the mobile application, except as required by applicable law. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may 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: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) 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, including Apple’s App Store terms and policies. Apple and Apple’s subsidiaries are intended 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.
If the Services are provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms. You acknowledge that Google is not responsible for providing support services for the Services, and that TradeZing, and not Google, is solely responsible for such support. If any of the terms and conditions in these Terms are inconsistent or in conflict with Google’s Google Play Developer Distribution Agreement in effect at the time you accept these Terms, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict, to the minimum extent necessary to resolve such conflict.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
This Agreement, together with the Privacy Notice and any other agreements expressly incorporated by reference to this Agreement, are the entire agreement between you and TradeZing with respect to the Website, Services, Content, and any transaction conducted on or through the Website 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.
If you have any questions about the Services or the terms of this Agreement, please send us an email at [email protected].