PLEASE READ OUR COPYRIGHT & TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE OUR WEB SITE.
Acceptance of Terms. This is a legal agreement ("Agreement") between you
(an individual or entity) (hereinafter "Licensee" or "You") and
TraderPlanet.com, LLC, a Florida limited liability company (hereinafter
"TraderPlanet" or "We"), which governs and relates to your relationship with
TraderPlanet and use of the services and resources offered by TraderPlanet,
which include the domain www.TraderPlanet.com, including all other web sites
and systems within the domain www.TraderPlanet.com
and all sub-domains (hereinafter collectively referred to as the
"TraderPlanet Website"), together with any successor websites; the TraderPlanet
Internet messaging service; forum; news; blogs; software; media applications; webinars;
streaming videos; email blasts; and any other features, content, or
applications offered from time to time by TraderPlanet (collectively, the
"TraderPlanet Services"). This Agreement, as amended from time to time,
constitutes the entire agreement between You and TraderPlanet, superseding any
prior agreements between You and TraderPlanet (including, but not limited to,
any prior versions of this Agreement).
The controlling language of this Agreement is English. If You have received a translation into another language, it has been provided to You for your convenience only. If You do not agree to and accept the terms and conditions of the Agreement for any reason, TraderPlanet does not consent to provide You with access to the TraderPlanet Services and You should leave the TraderPlanet Website and discontinue use of the TraderPlanet Services immediately. The TraderPlanet Services are hosted in the United States.
Eligibility. You are authorized to use the TraderPlanet Services (regardless of whether your access or use is intended) only if your use of the TraderPlanet Services has not been temporarily or indefinitely suspended by TraderPlanet and if You agree to abide by all applicable laws and to this Agreement.
visiting the TraderPlanet Website or using any of the TraderPlanet Services,
whether You are a visitor ("Visitor") which means that You simply
browse the TraderPlanet Website or You are a member of the TraderPlanet
Services ("Member") which means that You have registered with
TraderPlanet, your use of and access to the TraderPlanet Services are conditioned
upon your acceptance, without modification, of the terms and conditions
contained in this Agreement. The term "User" refers to a Visitor or a
Member. By using the TraderPlanet Services, You (whether You are a
Visitor or Member) acknowledge that You have read, fully understand and agree
to be legally bound by all of the terms and conditions of this Agreement, and
agree that this Agreement is enforceable like any written agreement signed by
You, and that You are entering into a binding legal contract. You agree not to
access the TraderPlanet Services by any means other than through the interface
that is provided to You by TraderPlanet for use in accessing the TraderPlanet
Member Registration, Password and Account Security. While much of the Content available through the TraderPlanet Services is free to Visitors, if You wish to share, publish, and post material and content to the TraderPlanet Website, communicate with Members, access and make use of services that are intended only for Members, and have access to password protected restricted areas of the TraderPlanet Website (hereinafter "Password Protected Member Services"), You must register as a Member which creates a member account ("Account") in which case You must voluntarily provide TraderPlanet with a user name ("User Name") and password ("Password"), (collectively "Personal Information"), for your Member profile and indicate your acceptance and execution of this Agreement electronically during the registration process. We reserve the right to require You to sign a non-electronic version of the Agreement.
When registering as a Member You must set up your unique profile online ("Member Profile"), either as a trader profile ("Trader Profile") if You are an individual, or as a company profile ("Company Profile") if You represent a business entity. TraderPlanet reserves the right to deny or revoke registration or access to Password Protected Member Services for any User.
TraderPlanet cannot guarantee the security of any information You disclose to others through your use of the TraderPlanet Services. You make such disclosures at your own risk. Do not provide your name, telephone numbers, e-mail or mailing addresses, your password, or any other personally identifying information to other Users who You do not know. TraderPlanet has no control over, and shall have no liability for any damages resulting from, the use (including without limitation the re-publication) or misuse by any third party of information that You voluntarily make public through any postings or any other activities that You engage in on the TraderPlanet Services which You do at your own risk.
The Trader Profile of Trader Ed (hereinafter "Trader Ed") is that of a fictitious person, and all postings of content or information, comprising part of the Content displayed on the TraderPlanet Website or made to the TraderPlanet Services, regarding Trader Ed are totally fictitious, do not reflect the opinions, views, trading activities, trading strategies or life experiences of a real person or trader, and are posted and available to You solely for entertainment purposes.
order to access and participate in certain TraderPlanet Services, You may be
notified that You are required to download software or content and/or agree to
additional terms and conditions. Unless otherwise provided by the additional
terms and conditions applicable to the TraderPlanet Services in which you
choose to participate, those additional terms are hereby incorporated into this
Agreement. You agree that You are subject to any additional posted guidelines,
rules, fees, and terms and conditions applicable to the TraderPlanet Services
reference into this Agreement. Unless explicitly stated otherwise, any new
feature that augments or enhances the current TraderPlanet Services, including
the release of new tools, resources, and properties, shall be subject to this
Content, Products and Services. All content contained on, posted on, transmitted through, or linked, uploaded, downloaded or accessed from any of the TraderPlanet Services, comprising such information as articles; URLs; postings; comments; opinions; messages; text; files; software; commentaries; blog entries; communications; content; horriscopes, columns; classified ads; historical, delayed or current market data; data; delayed or real time market quotes; images; research findings; news; email alerts; trader profiles; product reviews; forums; chat; online auctions; online games; online charity functions; charts; audio; music; graphics; video; photographs; slideshows; pictures; sounds; webinars; eBooks; advertisements; newsletters; indicators; strategies; reference materials; TraderPlanet currency (hereinafter "Mendels"); links to other websites; and all other content, materials and features, are provided for general informational and educational purposes only and is not intended to be relied upon for transactional purposes. The content posted to the TraderPlanet Services is the sole responsibility of the person or entity from which such content originated, and is comprised of content which is posted by Members (hereinafter "Member Content"), content posted by TraderPlanet (hereinafter "TraderPlanet Content"), content posted by TraderPlanet licensors (hereinafter "Licensor Content"), and content posted by advertisers and other third parties (hereinafter "Other Content"), all collectively, the "Content".
You, and not TraderPlanet, are entirely responsible for all information, material and content that you upload, post, submit, transmit or otherwise make available via the TraderPlanet Services, including without limitation, your Member Profile, comprising your Member Content, and that You, and not TraderPlanet, will have full responsibility for each of your submissions of Member Content, including its appropriateness, copyright, reliability, and legality. TraderPlanet does not dictate or control the third party content posted via the TraderPlanet Services that may be made available to You through the TraderPlanet Services, including Member Content, Licensor Content, and Other Content. You agree that TraderPlanet is not responsible for any such Content and that TraderPlanet does not make any guarantees about the truthfulness, accuracy, currency, suitability, completeness, integrity or quality of any Content whatsoever, whether originating from TraderPlanet or from any third party and assumes no responsibility for misleading, unintended, inaccurate, objectionable, or unlawful Content made available to You.
time to time, references may be made on the TraderPlanet Website to Content
previously published. These references may be selective, may reference only a
portion of an article or opinion, and are likely not to be current. As market
conditions change continuously, previously published information and data may
not be current and should not be relied upon. All Content is presented only as
of the date published or indicated, and may be superseded by subsequent market
events or for other reasons. The appearance of the Content may vary
depending upon your browser functionality and limitations.
Sponsored Advertising. You acknowledge and agree that TraderPlanet is supported in part by sponsored advertising of products and services that are displayed, purchased, or obtained as a result of advertisements or any other information or offers in, or in connection with, the TraderPlanet Services (collectively, the "Products"), which are offered by TraderPlanet as well as by authorized third parties ("Authorized Advertisers"), who have paid TraderPlanet for the right to offer their products to You for your consideration. You agree that advertising for such products may be presented to You and other Users of the TraderPlanet Services anywhere throughout the TraderPlanet Website or within the TraderPlanet Services including on the page where your Member Profile is displayed, in TraderPlanet's sole discretion. Advertisements and solicitations of any kind are strictly prohibited unless You are an Authorized Advertiser.
License to Use Services. Subject to the terms and conditions of this Agreement, TraderPlanet hereby grants to You a limited, revocable, non-exclusive, personal, non-sublicensable, non-assignable and non-transferable license to access the TraderPlanet Website and use the TraderPlanet Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement.
No Advice or Solicitation. TraderPlanet does not advocate the purchase or sale of any security or investment and no Content published on or through the TraderPlanet Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for You or any specific person. The TraderPlanet Services are provided for informational purposes only. The TraderPlanet Services and all Content and Products provided on or through it should not be construed as investment, financial, insurance, tax, legal or other advice. TraderPlanet does not provide personalized investment or financial advice or make solicitations, recommendations, endorsements or offers to buy or sell stocks, futures, commodities, options, Forex, or any other security, financial instrument or investment.
No Content on the TraderPlanet Services is intended to provide personally tailored advice concerning the nature, potential, value or suitability of any particular security, portfolio or securities, transaction, investment strategy or other matter.
To the extent that any of the Content published on the TraderPlanet Services may be deemed to be investment advice or recommendations in connection with a particular security, such Content is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security or financial instrument is subject to a number of risks and that discussion of any security or financial instrument published on the TraderPlanet Services will not contain a list or description of relevant risk factors. You acknowledge that some of the stocks that may be discussed on the TraderPlanet Services may have a low market capitalization or insufficient public float. Such stocks may be subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
Market quotes (including delayed or real time data) and other Content on the TraderPlanet Services, as well as links to other websites, are for general informational purposes only, and are not intended to be relied upon as investment advice. You understand that the TraderPlanet Services may contain opinions from time to time with regard to securities or financial instruments that may be different from those elsewhere on the TraderPlanet Services and agree that the contributors and/or authors (including independent, third-party affiliates or licensors of TraderPlanet, TraderPlanet employees and contractors, and other Members of TraderPlanet including investors and bloggers) who provide Content that is posted on the TraderPlanet Services may, from time to time, hold positions in the financial instruments discussed at the time of writing and they may trade for their own accounts, and that they may or may not be subject to a disclosure policy. In addition, certain Content contributors may be subject to restrictions on trading for their own account. You understand and agree that at the time of any transaction that You make, one or more Content contributors or their affiliates may have a position in the financial instruments written about.
You acknowledge that any reliance upon or use of the Content or Products shall be entirely at your sole risk. You should not rely solely on the Content or Products, in making any investment or trading decision. Rather, You should do your own independent research and due diligence in order to allow You to form your own opinion regarding your investments and trading decisions. You should always discuss and/or review your trading strategies and decisions with your broker or other professional advisor. The Content, which is neither comprehensive nor appropriate for every individual, is obtained from sources (some of which may be compensated for the Content), considered by TraderPlanet to be reliable, but the accuracy, adequacy, appropriateness, suitability, validity, completeness or timeliness thereof are not guaranteed, and the Content is provided without respect to any individual investor's or trader's financial sophistication, financial circumstances, risk capital, risk propensity or tolerance, or investing time horizon.
Neither TraderPlanet nor its officers, personnel, agents, representatives or independent contractors are, in such capacities, registered investment advisors, licensed financial advisors, commodity trading advisors, registered brokers or broker dealers, nor are they in the business of transacting trades, nor do they direct client commodity accounts or give commodity trading advice tailored to any particular client's situation.
to the execution of securities, commodities, options or Forex trades, You
should always consult with your broker or other financial advisor. No
responsibility is hereby assumed by TraderPlanet for evaluating the merits and
risks associated with the use of any Content or Products provided on the
TraderPlanet Services or by any other means. You alone are solely responsible
for any investment decisions that You make and for determining whether any
investment, security, strategy, or any Content or Product is appropriate or
suitable for You based on your investment objectives and personal and financial
User Name, Personal Information Collected and Data Protection. TraderPlanet does not sell or provide Personal Information to unaffiliated third parties unless You grant permission beforehand but may provide nonpublic Personal Information about You as a User or former User of our TraderPlanet Website to our affiliates if the information is required to allow the affiliate to inform You about products or services that TraderPlanet believes may be of interest or benefit to You.
TraderPlanet reserves the right to disclose Personal Information in limited circumstances where it believes in good faith that disclosure is required by law, to comply with valid legal processes such as a search warrant, subpoena, or court order, to comply with regulators or law enforcement authorities, to provide services that You have requested or to protect its rights and property.
We may refuse to grant You, and You may not use a User Name or Password that is already being used by another Member; that may be construed as impersonating another User; that belongs to another Member; that violates the intellectual property or other rights of others; that is offensive; that is reserved by TraderPlanet, or that TraderPlanet rejects for any other reason in its sole discretion.
consideration of the use of the Password Protected Member Services, You agree
to provide true, accurate, current and complete information about yourself as
prompted by the TraderPlanet Services registration form, and to maintain and
promptly update this information whenever it changes to keep it accurate,
complete, current and true. If You provide any information that is untrue
or inaccurate, not current, or incomplete, or if TraderPlanet has reasonable
grounds to suspect that your information is untrue or inaccurate, not current,
or incomplete, TraderPlanet has the irrevocable right to suspend or terminate your
status as a Member and refuse any and all current or future use of the
TraderPlanet Services (or any portion thereof) at its sole and absolute
discretion. Any personally identifiable information supplied hereunder
TraderPlanet takes reasonable measures to ensure the security of the Password Protected Member Services but cannot guarantee the absolute security of information or communications in such Password Protected Member Services. You will be solely responsible for maintaining the confidentiality of the User Name and Password comprising your Personal Information, for restricting access to your computer or mobile device, and will be fully responsible for all actions, whether authorized or unauthorized, that are attributable to your Personal Information.
You agree and acknowledge that You are responsible for maintaining the security of your Personal Information, and furthermore that any action taken or Content posted, uploaded or transmitted using your Personal Information shall be deemed made by You for the purpose of accrual of your indemnity obligation.
may not allow concurrent use of the TraderPlanet Website by multiple Users
utilizing identical Personal Information, or allow another person or entity to
use or share your Personal Information as these are violations of this
Agreement and may result in suspension or termination of your Member status
without prior notice, in TraderPlanet's sole determination. You agree that You
will immediately notify TraderPlanet of any unauthorized use of your Personal
Information, or if You have reason to believe that your Account security has
been breached for any reason to avoid possible liability for unauthorized
charges to your Account or unauthorized use of any rewards or credits that You
have accrued as a result of your participation in any one of TraderPlanet's
reward programs ("Reward Program"), and that You will log off the TraderPlanet
Services at the end of each session to prevent fraud on your Account by third
parties. TraderPlanet reserves the right to suspend or terminate your Account
anytime with or without notice to You, in order to protect itself and its
affiliates from what it believes to be fraudulent activity.
Restrictions on Use and Disclosure. The TraderPlanet Services are for the personal use of Visitors and Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved in writing by TraderPlanet. Illegal and/or unauthorized use of the TraderPlanet Services, including collecting Usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of, or linking to, the TraderPlanet Website is prohibited.
Unless otherwise agreed to by TraderPlanet in writing, You are not permitted to solicit our Users with any type of commercial offer, or advertise your business through your public posts, private messages, Member Profile, or file attachments. This includes, but is not limited to, posting your phone or fax number(s) and posting any URLs or hyperlinks to your commercial website(s) or email account(s). You may not display an advertisement on your Member Profile, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the TraderPlanet Services on behalf of that person, such as placing commercial content on your Member Profile, posting blogs or bulletins with a commercial purpose, selecting a Member Profile with a commercial purpose as one of your top friends, or sending private messages with a commercial purpose.
Posting is for noncommercial purposes only and You may not submit any postings which promote or intend to promote or generate revenue for any business enterprise or commercial activity, without first paying the prevailing fee set by TraderPlanet and abiding by the rules and conditions related to such postings. Without prior notice, unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member Profiles or posts and may result in termination of Membership privileges. Appropriate legal action will be taken for any unauthorized or illegal use of the TraderPlanet Services.
may store in the memory of your computer and You may analyze, reformat, display
and/or print the Content for your personal, non-commercial use only, provided
you keep intact all copyright, legal and other proprietary notices. You
may not use any data mining, robots, or any such automated data gathering and
extraction tools on the Content, or frame or mirror any portion of the Content.
Except for Member Content posted to the TraderPlanet Services by You which You
own, You may not reproduce, reprint, duplicate, retransmit, copy, store,
publicly display, broadcast, transmit, distribute, translate, modify, enhance,
create derivative works from, adapt, compile or collect any Content as part of
a database or other work, port, publish, sublicense, assign, transfer, sell,
resell, trade, republish, rent, lease, loan, upload, post, link, display,
exploit, or otherwise manipulate or distribute, redistribute or provide access
to any portion of the Content appearing on or through the TraderPlanet
Services, to or through any third party by any means, except as expressly
permitted in this Agreement or with the prior written consent of
Except as otherwise expressly permitted by this Agreement or under applicable law, You may not decompile, reverse engineer, disassemble or reduce any portion of the Content to a human-readable form for the purpose of discovering any source code contained in the TraderPlanet Services or for any other reason, or attempt to do any of the above. In accordance with mandatory statutory rights, you may decompile any portion of the Content and use such decompiled portion if, and only to the extent that, such de-compilation is necessary to obtain the Content necessary for an independently created program to be interoperable with the relevant portion of the Content or with another program, and the Content so obtained is not to be used for any other purpose; provided always that prior to such de-compilation you have requested the relevant Content in writing to TraderPlanet.
may not circumvent or disable any security, digital rights management, usage
rules, or other technological features, measures or mechanisms of the
TraderPlanet Services for preventing the unauthorized use, reproduction or
distribution of the Content, or remove any copyright, trademark or other
proprietary rights notices from the Content. You can not create abstracts from,
derivative works based (whether in whole or in part) on, or display headlines
or excerpts from, the Content or post, upload, transmit or distribute any
Content from the TraderPlanet Website to newsgroups, mail lists, other websites
or electronic or online bulletin boards, message boards, chat rooms, intranets,
newsletters or in any other manner, without TraderPlanet's prior written
consent. Use or modification of
the Content, except for that of Member Content that You posted to the
TraderPlanet Website, for any purpose other than your own personal,
non-commercial use is a violation of TraderPlanet's copyright and other
proprietary rights, and can subject You to legal liability.
Title. Licensee acknowledges that all title to and ownership rights to this Agreement and other written, pictorial and graphic materials, including all Content on the TraderPlanet Website and in the TraderPlanet Services and any part or component thereof, including, without limitation, all derivative works, customizations, enhancements, modifications, improvements, derivations or other changes thereto and all underlying patent, copyright, trade secret, trademark and other intellectual property rights, are owned by their respective owners and fully protected by U.S. and international copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and may also have security components that protect digital information only as authorized by TraderPlanet or the owner of the Content. Licensee shall not acquire any rights in the TraderPlanet Website or TraderPlanet Services or any part or component thereof by virtue of this Agreement. TraderPlanet shall retain all title to and all intellectual property rights in and to the TraderPlanet Website and in all TraderPlanet Content included on the TraderPlanet Website and in the TraderPlanet Services and licensed under this Agreement. TraderPlanet Licensors shall retain all title to and all intellectual property rights in and to the Licensor Content included on the TraderPlanet Website and in the TraderPlanet Services and licensed under this Agreement.
is a trademark and/or service mark of TraderPlanet. All other trademarks,
service marks, and logos used on the TraderPlanet Website are the trademarks,
service marks, or logos of their respective owners.
Visitor Privacy. TraderPlanet respects the privacy of its Users. In the process of operating the TraderPlanet Services, TraderPlanet collects information through order forms, feedback forms, on-line surveys, unsolicited e-mails, blogs, cookies, and other communications. TraderPlanet does not sell, lease or share any information or data that it obtains through the TraderPlanet Services with unaffiliated third parties unless You grant permission beforehand. All information is solely intended for use by TraderPlanet and its affiliates. TraderPlanet also collects general information about the TraderPlanet Services' usage, including statistics on hits, unique visits, repeat visits and page views. Such information enables TraderPlanet to make improvements to the TraderPlanet Services for the benefit of all Users, and also keep advertisers and potential advertisers informed about overall demographic trends on the TraderPlanet Services. Advertisers are never provided with your individual preferences or contact information unless You grant permission beforehand. TraderPlanet is affiliated with a number of other entities in the financial industry and on the Internet through Content sharing and licensing arrangements and with Market Technologies, LLC through common ownership. Information collected through the TraderPlanet Website is considered a trade secret of TraderPlanet. As the owner of such information, TraderPlanet may disclose or sell such information as a company asset in conjunction with the sale of the company, or a portion of its assets, to a third party.
Equipment and Access Costs. You acknowledge and agree that You must at your own expense: (a) provide the equipment, services and Internet connections that You will need to access and use the TraderPlanet Website and the TraderPlanet Services, including all third-party fees (including airtime and wireless data services if You access the TraderPlanet Services through a wireless application) and taxes associated with such access, and (b) provide all equipment necessary for You to make such connection to the Internet, including a computer, software, a modem, telephone, or other access device necessary to connect and access the TraderPlanet Website and TraderPlanet Services. If You register to use any TraderPlanet mobile applications, You agree that We may communicate with You regarding TraderPlanet by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the mobile services may be communicated to us. Neither TraderPlanet nor its licensors shall have any responsibility to provide You with alternate access to the TraderPlanet Website if your access is interrupted due to a breakdown or failure of your equipment. You acknowledge that You are responsible for setting the cache settings on your browser to ensure you are receiving the most recent information when you access the TraderPlanet Services.
Member Conduct and Rules of Behavior. TraderPlanet may make available to You and other Users of the TraderPlanet Website, message boards, opinion forums, bulletin board services, blogs and other interactive communication facilities, and permit Members to submit, post, transmit and/or exchange Member Content in the form of content, ideas, images, video, opinions, photographs, creative works and other content, blog entries, messages, profiles, classified advertisements, communications, or material, which become incorporated into the Content available on the TraderPlanet Services.
Each Member providing Member
Content is solely responsible for the content thereof. This means that You, and
not TraderPlanet, are solely and entirely responsible for all Member Content
that you post, upload, email or otherwise transmit to the TraderPlanet Services
or send to TraderPlanet by any other means.
You represent and warrant that:
- You own the Member Content posted by You on or through the TraderPlanet Services or otherwise have all rights necessary to grant the license set forth in this section.
- Your Member Content does not violate or infringe the rights of others, including privacy or publicity rights of others; copyright, patent, trademark, trade secret, or other proprietary rights of any party; contractual or fiduciary relationships (such as confidential or proprietary information learned or disclosed through employment relationships or subject to non-disclosure agreements or learned in violation of law).
- Your Member Content does not disclose material, non-public information about any company; does not intentionally or unintentionally violate any applicable local, state, national or international laws or regulations, including without limitation the U.S. laws and regulations of the U.S. Securities and Exchange Commission and national or other securities exchanges, including rules against making false or misleading statements to manipulate the price of a security. You agree to review information available by the SEC regarding prohibitions against insider trading at http://www.sec.gov/answers/insider.htm.
- You will not interfere with, restrict or inhibit any other person or entity's use and enjoyment of the TraderPlanet Services; stalk or harass others; promote or provide instructions about illegal activities; promote physical harm or injury to others; promote animal cruelty; harm minors in any way; promote terrorism (including without limitation providing information on how to assemble weapons, bombs, grenades and other destructive devices); use the blogs or forums made available through TraderPlanet Services as a forwarding service to another website.
- Your Member Content is not fraudulent; libelous; invasive of another's privacy (including, but not limited to any information without the written consent of the owner of such information); tortuous; deceptive; deceitful; false; misleading; lacks factual basis; offers guarantees of future performance of any financial instrument; defamatory; vulgar; discriminatory; mis-informative; indecent; obscene; pornographic; profane; lascivious; degrading; abusive; harassing; threatening; intimidating; discourteous or not constructive; impolite; crude; harmful or otherwise objectionable information of any kind or nature that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability; or otherwise violate any law.
- You are at least 18 years old, and agree not to transmit or post any postings or to participate in the TraderPlanet Services in any way that encourages, promotes or provides instructional activities about illegal activities, in particular hacking, cracking, phreaking and piracy of copyrighted work (whether marked as such or not).
You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Member Content posted by You to or through the TraderPlanet Services, and You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each posting that You may have under any applicable law under any legal theory.
You agree to and hereby automatically grant, and represent and warrant that you have the right to grant, TraderPlanet an irrevocable, perpetual, transferable, non-exclusive, unrestricted, royalty-free, fully sub-licensable, fully-paid, world-wide license to use, copy, publicly perform, sub-license, digitally perform, publicly display, adapt, translate, modify, edit, copy, reformat, transmit, reproduce, publish, create derivative works from, and otherwise distribute worldwide all material, information or ideas that You transmit to the TraderPlanet Website by any means, including by uploading files, inputting data, posting content to any public area of the TraderPlanet Services, submitting information or engaging in any other form of communications on or through the TraderPlanet Services, by direct contact with TraderPlanet either by email or otherwise, as part of the Content in any form of media or technology, now known or later invented, devised or developed, in any way for any purpose whatsoever (including but not limited to, developing, manufacturing and marketing products or services, communications, advertising, or otherwise) and by any means it sees fit in its sole discretion (without compensation or liability to You or any party), and to prepare derivative works of, or incorporate into other works, such posting, including any ideas, concepts, know-how, trading plans, strategies, or techniques contained in the posting that You provide to TraderPlanet directly, or through the TraderPlanet Services, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing.
Additionally, by submitting Member Content to the TraderPlanet Services, You permit anyone to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. All Member Content that You submit or post to TraderPlanet Services may be syndicated by TraderPlanet for RSS aggregation.
Furthermore, by posting Member Content to the TraderPlanet Services, You automatically grant TraderPlanet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the postings on the TraderPlanet Services by any party for any purpose.
You also agree: (a) to comply with United States law regarding the transmission of software and/or technical data exported from the United States through the TraderPlanet Services; (b) not to use the TraderPlanet Services for illegal purposes; (c) not to use the TraderPlanet Services in a manner that threatens its integrity, performance, or availability; (d) not to remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the TraderPlanet Website or Content; (e) not to interfere with or disrupt networks connected to the TraderPlanet Services; and (f) to comply with all regulations, policies and procedures of networks connected to the TraderPlanet Services. TraderPlanet will fully cooperate with any law enforcement authorities or court order requesting or directing TraderPlanet to disclose the identity of anyone posting such materials.
You understand that the technical processing and transmission of the TraderPlanet Services, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The TraderPlanet Services makes use of the Internet to send and receive information. Therefore, your conduct is subject to Internet regulations, policies and procedures.
agree not to use the TraderPlanet Services or any communications tools related
to the TraderPlanet Services to: (a) harvest information about any other Users
of the TraderPlanet Services; (b) post or transmit, directly or
indirectly, any advertisements, chain letters, unsolicited bulk communications
(including emails and instant messages), affiliate marketing, junk mail, any
forms of solicitations, pyramid schemes, investment opportunities, spamming,
any form of gambling, flooding or any unsolicited commercial advertisements or
communications (such as promoting a site with inappropriate, inaccurate or
misleading links, titles, or descriptions or by posting submissions in public
forums or in blogs or threads except as otherwise expressly permitted by TraderPlanet);
(c) impersonate any other person or entity or falsely state or otherwise
misrepresent your affiliation with any other person or entity; (d) use or
launch automated means or systems, including without limitation spiders,
crawlers, scrapers, data mining tools, robots, site/search retrieval
applications, offline readers or other manual or automated means to access,
retrieve, index, data mine, or download Content or in any way reproduce or
circumvent the navigational presentation or structure of the TraderPlanet
Website or its Contents; (e) use automated posting devices to submit postings
in bulk or for automatic submission of postings at regular intervals, or
flagging tools (including automated devices or computer programs) to interfere
with the intended functioning of the TraderPlanet Services; (f) engage in
disruptive activities on the TraderPlanet Services; (g) resell, redistribute,
broadcast or transfer any material or information or use the Content derived
from the TraderPlanet Services in a searchable, machine-readable database,
employ misleading email addresses, forged headers or otherwise manipulated
identifiers for the purpose of disguising the origin of Content transmitted
through the TraderPlanet Services; (h) use the TraderPlanet Services to collect
personally identifying information about Users of the TraderPlanet Services in
TraderPlanet's detection processes; (j) post or transmit any information or
software that contains excessive use of scripts, sound waves, Easter eggs, time
bombs, scrolling, a worm, virus, bots, spyware, Trojan horse or any other
computer code, harmful component, files or programs that disrupt, overburden,
impair, destroy, detrimentally interfere with, damage, hijack the operation of,
interrupt, limit the functionality of, or monitor the use of, any computer
hardware or software, servers or networks, or telecommunications equipment;
that surreptitiously intercepts or expropriates any system, data or personal
information; that damages or obtains unauthorized access to any data or other
information of any third party; or that otherwise permits the unauthorized use
of a computer or access to our computer network or Member Accounts; (k) to post
Content to the TraderPlanet Services utilizing any third-party posting agent
("Posting Agent") without the express prior written permission from
Monitoring; Violations. TraderPlanet has no duty to monitor, pre-screen or edit any postings prior to becoming part of the Content, but does have the right, in its sole discretion, to review, refuse to post, to reject, shorten, edit or modify any submitted postings. Additionally, TraderPlanet reserves the right to remove or delete any Content from its TraderPlanet Services (including private messages) for any or no reason at any time, but shall not be responsible for its failure or delay in removing any such Content.
You acknowledge and agree that TraderPlanet may preserve Content on the TraderPlanet Website and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TraderPlanet, and its parent; members; directors; employees; agents; consultants; analysts; representatives; data, content or service providers; distributors; suppliers; partners; resellers; affiliates; co-branding Content providers; subsidiaries; licensors; successors and assigns (hereinafter collectively, the "TraderPlanet Indemnities"), TraderPlanet Users or the public. TraderPlanet assumes no responsibility for the deletion or failure to store information submitted by You for posting into its TraderPlanet Services. TraderPlanet retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the intention of the TraderPlanet Services and may elect not to post your postings for any reason at any time in its sole discretion.
TraderPlanet reserves the right, in its sole discretion and without any obligation, to change, alter, delete, delay, modify, make improvements to, correct any errors or omissions in, discontinue, restrict usage of or access to, or terminate any User's right to use, any aspect or part of the TraderPlanet Services, at any time for any reason in TraderPlanet's sole discretion and without prior notice or liability.
TraderPlanet reserves the right to refuse to post, reject, alter, edit or remove any postings (including private messages), Content, information or materials, in whole or in part, at any time for any reason, that in TraderPlanet's sole and absolute discretion are objectionable or in violation of this Agreement, but is not responsible for any failure or delay in editing or removing such postings, Content, information or materials. TraderPlanet shall not be subject to any obligations of confidentiality regarding submitted information, except as specifically required by law. Your private messages may be accessed at any time for the purposes of website administration, legal inquiries, or investigating your account for violations of this Agreement.
You acknowledge and agree that TraderPlanet retains the right to disclose any postings that You submitted to the TraderPlanet Services as necessary or appropriate to satisfy any law, regulation or other governmental request, and to operate the TraderPlanet Services as TraderPlanet sees fit in its sole discretion. TraderPlanet will not intentionally monitor or disclose any private electronic-mail message unless required by law, but reserves the right to refuse to post any information, content, materials or blog entries, in whole or in part, that, in its sole discretion, are considered unacceptable, offensive, undesirable, inappropriate or in violation of this Agreement in any manner.
Notwithstanding anything else in this Agreement, TraderPlanet does not endorse any Content in any way. If You become aware of misuse of the TraderPlanet Services by any person, please contact TraderPlanet or click on the "Notify Planet Patrol" link on any TraderPlanet Member's personal Block page. Use of the TraderPlanet Services constitutes consent to such monitoring.
using the TraderPlanet Services or receiving e-mail messages from other
Members, You should not assume that such messages have been reviewed or
approved by TraderPlanet, that such messages or postings contain correct information,
or that the Members posting such information have accurately identified
themselves and/or their affiliation with any third party person or entity.
Viruses. TraderPlanet does not guarantee that files available for downloading through the TraderPlanet Website will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and routines that satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the TraderPlanet Website for the reconstruction of any lost data.
Subscriber Services and Corporate Members. TraderPlanet reserves the right to impose fees quoted in U.S. Dollars (which may be billed either on a pay-per-usage basis or in regular time increments, i.e. either monthly or yearly) or other conditions or prerequisites for the use of or access to areas of the TraderPlanet Services or certain Content (hereinafter "Subscriber Services"), and for Members which are business entities, which have registered their Company Profile to signify themselves as corporate members ("Corporate Members") of the TraderPlanet Website, which allow such Corporate Members to use the TraderPlanet Services and to create customized corporate profiles in accordance with TraderPlanet's corporate membership program which is incorporated herein by reference. All fees paid will be non-refundable in the event that You violate any of the terms of this Agreement. Subscriber Services may include terms and conditions that supplement this Agreement. By accessing any Subscriber Services You agree to comply with their terms and conditions.
Rules for Contests, Sweepstakes, Raffles and Promotions. TraderPlanet may, from time to time, and at its sole discretion, offer its Members a reward program ("Reward Program") comprised of various rewards or credits (including financial rewards) based on their activities on the TraderPlanet Website and use of the TraderPlanet Services. Any such Reward Program comes with no contractual obligations whatsoever on behalf of any party and is purely a voluntary, promotional Reward Program that TraderPlanet may decide, at its sole discretion, to offer to or withhold from certain Members, and Members will be free to accept or decline as they see fit. The criteria for selection of rewards or credits may be changed and the size of the rewards or credits comprising any Reward Program (including the monetary value of Mendels that are either credited to You through your use of the TraderPlanet Services or acquired by You for financial consideration as determined by TraderPlanet in its sole discretion) may be changed or modified, or the rewards may be terminated or withdrawn, at any time, by TraderPlanet, in its sole discretion, without prior notice. Members who fail to abide by this Agreement, or otherwise engage in behavior deemed inappropriate by TraderPlanet in its sole discretion may be, at TraderPlanet's sole discretion, disqualified from participation in any Rewards Program or promotions and/or banned from the TraderPlanet Website without prior notice. All applicable taxes, if any, that may result from Members choosing to accept financial rewards from TraderPlanet are the sole responsibility of the Members.
In addition to the terms and conditions of this Agreement, any contests, charity functions, Reward Programs, credits or other promotions (including trading contests, sweepstakes, raffles) (collectively, "Promotions") made available through the TraderPlanet Website or TraderPlanet Services may be governed by specific terms and conditions that are separate from this Agreement. You should review the specific terms and conditions for a particular Promotion to determine whether or not You are eligible to participate in such Promotion. By participating in any such Promotion, You will become subject to any specific terms and conditions applicable to such Promotion, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of any such Promotion conflict with this Agreement, the terms and conditions of such Promotion shall control.
Liability for Unauthorized Use or Disclosure. Licensee acknowledges and agrees that, notwithstanding any other provisions of this Agreement, its breach or threatened breach of this Agreement, including but not limited to any unauthorized use or disclosure of the Content, will diminish the value of TraderPlanet and the TraderPlanet Services and will cause irreparable and continuing damage to TraderPlanet for which an adequate legal remedy will not exist. Accordingly, Licensee stipulates that, if it breaches any of its covenants in this Agreement, TraderPlanet will be entitled to an entry of a court order granting specific performance or injunctive relief, without requirement of a bond or proof of monetary damage or an inadequate remedy at law, to protect its rights under this Agreement, in addition to all other remedies available at law or in equity.
Violation of Terms and Liquidated Damages. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for TraderPlanet to pursue legal action to enforce this Agreement, your access to the TraderPlanet Website and the TraderPlanet Services will be terminated in TraderPlanet's sole determination, You will forfeit any credits that you had previously accrued in your Member Account through your prior participation in any Promotions, and You will be liable to pay TraderPlanet the following amounts as liquidated damages, which you accept as reasonable estimates of TraderPlanet's damages for the specified breaches of these Terms and Conditions:
a. If You post a message or content that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, You agree to pay TraderPlanet one thousand dollars ($1,000.00) for each such posting. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If TraderPlanet establishes limits on the frequency with which You may access the TraderPlanet Services, or terminates your access to or use of the TraderPlanet Services, You agree to pay TraderPlanet one hundred dollars ($100.00) for each message posted in excess of such limits or for each day that You access TraderPlanet in excess of such limits, whichever is greater.
c. If You send unsolicited email advertisements to TraderPlanet email addresses or through TraderPlanet's servers or computer systems, You agree to pay TraderPlanet fifty dollars ($50.00) for each such email.
d. If you post Content in violation of this Agreement, other than as described above, You agree to pay TraderPlanet one hundred dollars ($100.00) for each Item of Content posted. In its sole discretion, TraderPlanet may elect to issue a warning before assessing damages.
e. If You are a Posting Agent and use the TraderPlanet Services in violation of this Agreement, in addition to any liquidated damages under clause (d), You agree to pay TraderPlanet one hundred dollars ($100.00) for each and every Item You post in violation of this Agreement. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the TraderPlanet Services (the "Principal Party"), and the Principal Party (by engaging the Posting Agent in violation of this Agreement) agrees to pay TraderPlanet an additional one hundred dollars ($100.00) for each Item posted by the Posting Agent on behalf of the Principal Party in violation of this Agreement.
f. If You aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of this Agreement without TraderPlanet's prior, express written permission, You agree to pay TraderPlanet three thousand dollars ($3,000.00) for each day that You engage in such conduct.
You hereby agree that such damages are a reasonable estimate of actual damages and You waive your right to contest these damages in a court of law or other proceeding. Otherwise, You agree to pay TraderPlanet's actual damages, to the extent such actual damages can be reasonably determined. Notwithstanding any other provision of this Agreement, TraderPlanet retains the right to seek the remedy of specific performance of any term contained in this Agreement, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
Limitations of Liability. TraderPlanet Indemnities are not responsible for any actions taken by You based upon your use of any of the Content or Products on the TraderPlanet Services including those Products (hereinafter "Third Party Services") offered by third parties on the TraderPlanet Website and by way of links and pointers from the TraderPlanet Website to Internet websites, directories, servers, systems, information and databases, software, applications, networks, programs, and the Internet as a whole which are maintained by third parties (hereinafter "Third Party Resources"), and assume no responsibility or liability for any loss or damage of any kind including your trading and investment results incurred as a result of your use of any Content posted, transmitted or otherwise made available via the TraderPlanet Services or from any merchant ("Merchant") that You conduct business with on the TraderPlanet Website or through the TraderPlanet Services. The TraderPlanet Indemnities may hold positions or interests in any of the markets discussed on the TraderPlanet Services.
The TraderPlanet Indemnities shall not be responsible or liable to You or other third parties for the truth, accuracy, correctness, profitability, quality, reliability, adequacy, security, performance, completeness or timeliness of, or otherwise endorse in any manner, the opinions, views, postings, blog entries, market data, comments, or recommendations expressed in the Content, or otherwise for the Content provided or for errors, mistakes, misinterpretation of, or omissions therein or for any delays or interruptions of the Content presented on the TraderPlanet Services, whether caused by any User of the TraderPlanet Services or by any of the equipment or programming associated with or utilized in the TraderPlanet Services, or for whatever cause.
You agree to defend, indemnify and hold the TraderPlanet Indemnities harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of your submission of postings through the TraderPlanet Services or the placement or transmission of any message, information, software or other materials through the TraderPlanet Services by You or users of your computer or related to any violation of this Agreement by You or users of your computer, or the infringement by You or others who use the TraderPlanet Services using your computer, of any intellectual property or other rights of any person or entity. TraderPlanet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with us in asserting any available defenses.
The TraderPlanet Indemnities will not be liable, either jointly or severally, to You or to other third parties as a result of your use of the TraderPlanet Services for any direct, indirect, consequential, special, incidental, punitive, exemplary or other damages of any kind whatsoever, including, without limitation, damages for loss of goodwill, work stoppage, lost profits, loss of data or other intangible losses, loss of use, computer failure or malfunction, lost savings and lost revenues, trading losses or other harm (collectively, the "Excluded Damages") arising out of or in any way relating to this Agreement or your use of, or your inability to use, the TraderPlanet Website or TraderPlanet Services, caused by any delays in or failure of performance, misdelivery or nondelivery of information, inaccuracies, errors, security, omissions, software bugs, deletion, delay in transmission or operation, defect, interruption, failure to store any Content maintained or transmitted by the TraderPlanet Services, communications line failure, modification, suspension, alteration, interruption, electronic failures, mechanical equipment failures, termination or discontinuance, file corruption, network or system outage, theft, destruction, computer or internet viruses or other harmful components, or unauthorized access to, or alteration of, any User or Member communication in connection with the TraderPlanet Website or TraderPlanet Services.
TraderPlanet Indemnities neither endorse nor are responsible for any trading
strategy, opinion, advice, information, profiles, communications, classified
advertisements, or statements comprising the postings by You or third
parties. You understand that by using the TraderPlanet Services, You may
be exposed to information that is offensive, indecent, or objectionable. Under
no circumstances will the TraderPlanet Indemnities be liable in any way for any
Content, including, but not limited to, liability for any errors or omissions
in any Content, or for any loss or damage of any kind incurred as a result of
the use of any Content posted, e-mailed, or otherwise transmitted by way of the
TraderPlanet Services or by any other means. The opinions expressed in the
Content reflect solely the opinions of the party who submitted such opinions,
and may not reflect the opinions of TraderPlanet.
You acknowledge and agree that the TraderPlanet Indemnities neither endorse the contents of any postings that become part of the Content nor assume responsibility for any threatening, libelous, obscene, harassing, abusive, defamatory, illegal, indecent, inaccurate, misleading, fraudulent, pornographic, profane or otherwise objectionable or offensive material or information of any kind contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. TraderPlanet has no responsibility for the accuracy, completeness or availability of content or information provided in the postings which become part of the Content.
You specifically acknowledge and agree that the TraderPlanet Indemnities shall not be liable for any offensive, illegal or defamatory conduct of any User of the TraderPlanet Services and that the TraderPlanet Indemnities shall have no responsibility for the accuracy, suitability, timeliness, completeness, legality, correct sequencing, reliability, quality, security, appropriateness or availability of any Content or Products displayed on the TraderPlanet Services, including Third Party Services offered on the TraderPlanet Website or available on Third Party Resources, including links provided as automated search results nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
The links on the TraderPlanet Services may provide You with access to other websites including Third Party Resources where the trading of securities, commodities, futures, options and/or Forex is possible. TraderPlanet Indemnities shall not be responsible or liable with regard to any trading which may be conducted on such websites which may be linked to or from the TraderPlanet Services.
If any applicable authority holds any portion of this section of this Agreement to be unenforceable, then the liability of the TraderPlanet Indemnities will be limited to the fullest possible extent permitted by applicable law. You agree that this paragraph constitutes a conspicuous legend.
the maximum extent permitted by law, the TraderPlanet Indemnities disclaim any
and all liability in the event any information, commentary, analysis, opinions,
or recommendations on the TraderPlanet Services are inaccurate, incomplete or
unreliable or result in any investment or other losses.
Links to Third Party Resources; Advertisers not Endorsed. TraderPlanet encourages You to exercise discretion while using the TraderPlanet Services, as well as browsing Third Party Resources on the Internet after clicking on hyperlinks placed on the TraderPlanet Services, including links from profiles created and posted by Members, since hyperlinks may direct You to Third Party Resources containing information or advertisements that are inappropriate to your investment and trading needs and capabilities, inaccurate, objectionable or unlawful. TraderPlanet takes no responsibility for claims or representations made by third party advertisers and sponsors, which are posted on the TraderPlanet Website or available through the TraderPlanet Services, nor does it assume any responsibility for the Products offered by its advertisers.
TraderPlanet does not control, endorse or sponsor the Third Party Resources, their owners or operators, and is not responsible for the privacy practices or security of these sites, nor has it reviewed or approved any Products, information, advertising, content, or opinions that appear on such Third Party Resources, and such Third Party Resources are in no way investigated, monitored or checked for accuracy or completeness by TraderPlanet. When You access these Third Party Resources, You do so at your own risk. Links to Third Party Resources may be discontinued at any time without notice.
Business Conducted with Merchants. If You purchase Products on or through the TraderPlanet Services (including from Third Party Resources), You may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all such information You provide to any parties including other Members through the TraderPlanet Services or through Third Party Resources will be accurate, complete and current. The Merchants set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the TraderPlanet Services.
Your correspondence or business dealings with, or participation in promotions of, Merchants found on or through the TraderPlanet Services (including those found on Third Party Resources), including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such Merchant and You acknowledge and agree that TraderPlanet is not responsible or liable, directly or indirectly, for any loss, damage or claim of any sort including the misuse of any Personal Information or data submitted by You to an advertiser on the TraderPlanet Website or Third Party Resources, caused or alleged to be caused by or in connection with any such dealings by You with Merchants or your use of or reliance on Third Party Services available on the TraderPlanet Services or on Third Party Resources.
there is a dispute between You and any third party (including, without
limitation, any Member or Merchant), TraderPlanet is under no obligation to
become involved; however, We reserve the right, but have no obligation, to
monitor disputes between You and other Members or Merchants.
Speculative Nature. Licensee acknowledges and understands the speculative nature of the commodities futures and financial markets and recognizes the high degree of risk involved in participating in such markets, with or without the access to and use of the TraderPlanet Services. Licensee also acknowledges that the Content or Products furnished by TraderPlanet through the TraderPlanet Services or by any other means is not intended to replace Licensee's individual research or receipt of professional investment advice, and that the provision of Content or Products on the TraderPlanet Services or by any other means does not constitute the provision of trading advice or an endorsement or recommendation by TraderPlanet of any trading methods, programs, systems, or routines, based on, or tailored to, any positions or other circumstances or characteristics of Licensee or anyone else, or otherwise.
further acknowledges that individual performance in the financial markets
depends upon individual skills and experience at performing technical,
fundamental and intermarket analysis, knowledge of and familiarity with the
markets, effectiveness of individual decision making and decisiveness, and time
availability to devote to analyzing and trading the markets.
TraderPlanet MAKES NO GUARANATEE OF PERFORMANCE EITHER IN THIS AGREEMENT
OR OTHERWISE AND MAKES NO REPRESENTATIONS OR GUARANTEES THAT LICENSEE WILL MAKE
PROFITS AND/OR NOT SUFFER ANY LOSSES FROM TRADING BASED ON, OR IN RELIANCE ON,
THE TraderPlanet SERVICES OR THE USE THEREOF. LICENSEE ASSUMES FULL
RESPONSIBILITY TO MAKE HIS OR ITS OWN TRADING DECISIONS INVOLVING ENTRIES,
EXITS, AND STOP PLACEMENTS, BASED UPON HIS OR ITS OWN ASSESSMENT OF HIS OR ITS
TRADING STYLE, OBJECTIVES, RISK PROPENSITY, RISK CAPITAL, EXPERTISE AND
EXPERIENCE AS A TRADER ALL OF WHICH CAN INFLUENCE LICENSEE'S TRADING RESULTS
SUCH THAT HIS OR ITS PERFORMANCE RESULTS MAY BE BETTER OR WORSE THAN THAT
OF OTHER TRADERS INCLUDING THOSE WHO MAY ALSO BE ACCESSING AND USING THE
TraderPlanet SERVICES AT THE SAME TIME. UNDER NO CIRCUMSTANCES ARE
TraderPlanet INDEMNITIES RESPONSIBLE FOR LICENSEE'S TRADING RESULTS OR
PERFORMANCE BASED UPON THE TRADING DECISIONS THAT LICENSEE MAKES.
FURTHERMORE, IT IS UNDERSTOOD THAT HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY
INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. LICENSEE AGREES
THAT NO REPRESENTATION IS BEING MADE OR HAS BEEN MADE THAT ANY ACCOUNT OR TRADE
WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN ON THE
TraderPlanet SERVICES OR IN ANY OF TraderPlanet 'S PROMOTIONAL MATERIALS, OR
ELSEWHERE. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN
HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED
BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL
PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF
HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL
RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT
OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO
WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF
TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL
TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS,
IN GENERAL, OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM, WHICH
CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE
RESULTS, AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
TraderPlanet HAS HAD LITTLE OR NO EXPERIENCE IN TRADING ACTUAL
ACCOUNTS FOR ITSELF OR FOR CUSTOMERS. SINCE THERE ARE NO ACTUAL TRADING
RESULTS TO COMPARE TO THE HYPOTHETICAL PERFORMANCE RESULTS, LICENSEE SHOULD BE
PARTICULARLY WARY OF PLACING UNDUE RELIANCE ON THESE HYPOTHETICAL PERFORMANCE
RESULTS. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE
UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS,
SUCH AS LACK OF LIQUIDITY. There is a very high degree of risk involved in
trading securities, commodities, futures, options and Forex. Past results
of any trader written about or referred to in the Content are not indicative of
future returns by that trader, and are not indicative of future returns which
may be realized by You or others. The past performance of any trading
system or methodology is not necessarily indicative of future results. You
should not trade with money that You can not afford to lose.
Force Majeure. TraderPlanet and the TraderPlanet Indemnities are not responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, computer online systems, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the TraderPlanet Services or combination thereof, including any injury or damage to User's or to any other person's computer related to or resulting from participating in, or downloading materials from, the TraderPlanet Services. Under no circumstances shall TraderPlanet and the TraderPlanet Indemnities be responsible for any loss or damage, including personal injury or death, resulting from use of the TraderPlanet Services; from attendance at a TraderPlanet sponsored event; from any Content or Product posted on or through the TraderPlanet Services; from the conduct of, or interactions with, any Merchant or User of the TraderPlanet Services, whether online or offline; from any interruption, omission, defect, error, deletion, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communications; or from occurrences beyond TraderPlanet's control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, sabotage or terrorism, whether or not characterized in negligence, tort, contract, strict liability or other theory of liability and irrespective of any failure of an essential purpose of a limited remedy, even if TraderPlanet or the TraderPlanet Indemnities have been advised of the possibility of or could have foreseen any of the Excluded Damages.
Disclaimer of Warranties. You expressly understand and agree that your use of the TraderPlanet Website and the TraderPlanet Services is entirely at your sole risk. Access to and use of the TraderPlanet Services (including the Content and Products available on the TraderPlanet Services), or through the TraderPlanet Services by way of links and pointers to Third Party Resources is provided on an "as-is, with all faults", "as available" basis without any warranties of any kind. You agree that You are using the TraderPlanet Services at your own risk. The TraderPlanet Indemnities do not control or operate in any respect the Third Party Resources. There may be technical or factual inaccuracies and errors in the Third Party Services that may require changes and correction at any time, without notice. To the fullest extent permitted by law the TraderPlanet Indemnities specifically disclaim any and all representations or warranties, express, implied or statutory, including without limitation, any representations or implied warranties of merchantability or fitness for a particular purpose or warranties concerning the availability, accuracy, completeness, timeliness, quality, suitability for your needs, quiet enjoyment, compatibility, reliability, usefulness, adequacy, deletion, mis-delivery, security, or failure to store any of your communications or personal settings, or Content or Products, warranty of title or warranty of non-infringement. TraderPlanet will make reasonable efforts to maintain the TraderPlanet Services. However, TraderPlanet does not guarantee that the Content or Products on the TraderPlanet Services including the Third Party Services (offered through the TraderPlanet Services or on Third Party Resources) will meet your requirements, is reliable, error free, available at all times (either directly or through third party networks), without interruption, that defects will be corrected, are free of viruses or other harmful components, or that the results obtained from the use of the TraderPlanet Services (comprising both the Content and the Products), including Third Party Services will be reliable, correct, error-free, timely, secure, complete, accurate, effective, profitable or otherwise. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
All liability for errors or omissions in, or the misinterpretation, transmission, translation or misuse of, any of the Content and Products on the TraderPlanet Services (including the Third Party Services available on the TraderPlanet Services or on Third Party Resources) is hereby expressly disclaimed. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TraderPlanet SERVICES AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF TraderPlanet OR ITS LICENSORS BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF TRADERPLANET OR ITS LICENSORS OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO A SUM EQUAL IN AMOUNT TO THE LESSER OF TEN PERCENT (10%) OF THE SUMS PAID TO TRADERPLANET BY YOU, IF ANY, UNDER THE TERMS OF THIS AGREEMENT OR $100.00, AS LIMITED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Exclusion of Damages. You agree to indemnify, release, defend, and hold harmless the TraderPlanet Indemnities from and against any and all claims, liabilities, losses, demand, causes of actions, costs, lost profits, lost opportunities, indirect, special, incidental, consequential, exemplary, punitive, or any other damages whatsoever and expenses (including, without limitation, court costs and reasonable attorneys' fees) asserted against, resulting from, imposed upon or incurred by any of the TraderPlanet Indemnities as a result of, or arising out of this Agreement and/or your use of, misuse of, inability to use, or reliance upon, the TraderPlanet Services or the placement, posting or transmission of any materials, content, blogs or messages comprising Member Content posted by You onto the TraderPlanet Services. These exclusions apply to any claims for lost profits, lost data, work stoppage, loss of goodwill, computer malfunction or failure, or any other commercial damages or losses, even if We knew or should have known of the possibility of such damages.
Your sole and exclusive remedy for any dissatisfaction with the TraderPlanet Services or dispute with TraderPlanet is to discontinue your use of the TraderPlanet Services. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of the TraderPlanet Indemnities shall be limited to the extent permitted by law.
Indemnification. In part consideration of the license granted herein, Licensee agrees to release, defend, indemnify and hold harmless the TraderPlanet Indemnities and waives with respect to each Indemnity, and covenants not to sue any Indemnity for, any and all liabilities, claims, cost, demands, actions, causes of action, suits or proceedings, damages, losses and expenses (including, but not limited to, reasonable attorneys' fees and costs) of any nature whatsoever (collectively, the "Liabilities") arising out of or in connection with Licensee's use of the TraderPlanet Website or TraderPlanet Services, including those arising out of the Member Content You submit, post or make available through the TraderPlanet Services, your violation of this Agreement, your breach of any of the representation and warranties herein, or the infringement or violation by You of any intellectual property or other rights of any person or entity, whether you are a Member or not. Such hold harmless, release, discharge, waiver and covenant not to sue shall include but not be limited to any Liabilities caused, in whole or in part, by the negligence (of any type) of any TraderPlanet Indemnity in connection with the TraderPlanet Website or TraderPlanet Services or the promotion or marketing thereof.
TraderPlanet may assume the exclusive defense and control at your expense of any claim or matter subject to indemnification by You, and in such case, without limiting your other obligations hereunder, You agree to cooperate with and pay for all expenses incurred in the defense of such claim.
Member Feedback. From time-to-time TraderPlanet may provide you with a
mechanism to provide feedback, suggestions, ideas, and information ("Feedback")
beneficial to the overall User experience on the TraderPlanet Website. Your
participation is completely voluntary and You have the choice of whether or not
to disclose Feedback. You agree that TraderPlanet.com may, in its sole
discretion, use the Feedback that You provide to it in any way, including in
future modifications to the TraderPlanet Services, and You hereby grant
TraderPlanet.com a perpetual, worldwide, fully transferable, irrevocable, royalty
free license to use, reproduce, modify, create derivative works from,
distribute and display the Feedback in any manner for any purpose.
International Use. If You are located outside of the United States, information that You provide to TraderPlanet will be sent to the United States. By becoming a Member You consent to your Personal Information being sent to the United States. Some of the Content may be relevant only in the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the Content will be technically and legally possible in the areas of the world where You intend to use them.
U.S. Export Controls and Regulations. This Agreement is expressly made subject to any laws, regulations, orders, rules or other restrictions on the export from the United States of America of the software, applications or technologies available in connection with the TraderPlanet Website and TraderPlanet Services (the "TraderPlanet Applications") that may be imposed from time to time by the government of the United States of America.
You may not directly or indirectly export, re-export, transfer, or release the TraderPlanet Applications, or any direct product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. No TraderPlanet Applications may be downloaded from the TraderPlanet Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the TraderPlanet Applications is at your sole risk.
You agree that You are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding import or export of the TraderPlanet Applications.
TraderPlanet makes no representation that the TraderPlanet Website or the Content on the TraderPlanet Services is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If You choose to access the TraderPlanet Website from a location outside the United States, You do so on your own initiative and are responsible for compliance with local laws.
Proprietary Rights. TraderPlanet or one of its affiliates or licensors is the owner and/or authorized user of any trademark, registered trademark and/or service mark posted to the TraderPlanet Services by TraderPlanet or its licensors. TraderPlanet is the copyright owner of the TraderPlanet Content or licensee of the Licensor Content on the TraderPlanet Services, unless otherwise indicated. TraderPlanet's copyright of the TraderPlanet Services includes its ownership of a copyright in the selection, arrangement, organization and enhancement of the Content on the TraderPlanet Services. The look and feel of button shapes, color combinations, and other graphical elements on the TraderPlanet Services are trademarks of TraderPlanet.
If You make any use of the TraderPlanet Services, except as provided for in this Agreement, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. TraderPlanet does not grant any license or other authorization to You of its trademarks, registered trademarks, service marks, other copyrighted or copyrightable material or any other intellectual property, by including them on the TraderPlanet Services.
Use of Software. TraderPlanet may make software ("Software") available for
You to download or use. Such Software will be subject to the terms of the
license agreement that accompanies it. If there is no license agreement
accompanying the Software, then the terms in this Section shall govern your use
of such Software. We grant you a personal, non-exclusive, non-transferable,
limited license to install the Software on a single computer. The Software is
protected by copyright and other intellectual property laws and treaties and is
owned by TraderPlanet or one of its licensor affiliates. You may not sell or
redistribute the Software. You may not incorporate it or any portion of it into
another product. You may not reverse engineer, decompile, or disassemble the
Software or otherwise attempt to derive the source code (except where expressly
permitted by law). You may not modify, adapt, or create derivative works from
the Software in any way or remove proprietary or copyright notices from the
Software. You agree to abide by all laws and regulations in effect regarding
your use of the Software. You may not authorize or assist any third party to do
any of the things prohibited in this section. We may automatically check your
version of the Software and update it to improve its performance and
capabilities. If you shut down the Software during an automatic update or
otherwise interfere with the installation of the update, the Software may be
damaged and/or cease to rate properly or at all.
Modification to the TraderPlanet Services and Agreement. TraderPlanet reserves the right, in its sole discretion, to change the terms and conditions of this Agreement from time to time for any reason, by posting such changes on the TraderPlanet Website, and to change, modify, suspend or discontinue the TraderPlanet Services (or any parts thereof), temporarily or permanently, including but not limited to revising and/or eliminating or discontinuing any aspect, content, features or other Content on or available through the TraderPlanet Services without prior notice to You. You agree that the TraderPlanet Indemnities shall not be liable to You or to any third party for any modification, suspension or discontinuance of the TraderPlanet Services.
You acknowledge that TraderPlanet may establish general practices and limits concerning your use of the TraderPlanet Services (and may modify such practices and limits from time to time), including the maximum number of days that Content will be retained by the TraderPlanet Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the TraderPlanet Services, and the frequency with which You may access the TraderPlanet Services.
You are responsible for checking this Agreement on the TraderPlanet Website on a regular basis to keep yourself apprised of any changes to ensure familiarity with the most current version of this Agreement. Display of notice of changes of this Agreement online at the TraderPlanet Website shall constitute effective notice under this Agreement on the day TraderPlanet places the changes on-line on its TraderPlanet Website, and your continued use of the TraderPlanet Website thereafter shall constitute and signify your acceptance of the new terms and conditions and agreement to be bound by any such modifications, amendments, additions or deletions.
Third Party Applications. Your access to or use of the TraderPlanet
Services may require your use of a media player or other application that is
not provided by TraderPlanet and for which TraderPlanet is not liable. Your use
of such media player or other application will be governed by the license
agreement accompanying the same, and You agree to comply with all of the terms
and conditions of such license agreement.
Correctional Institution Inmates Prohibited. Inmates at any jail, prison, or correctional institution are expressly prohibited from using the TraderPlanet Services. By agreeing to the Terms and Conditions of this Agreement, You acknowledge that You are not currently incarcerated in any jail, prison, or correctional facility of any kind and further agree not to allow your Account to be used by any inmate at any jail, prison, or other correctional facility.
Competitor Use Prohibited, Liquidated Damages for Competitive Use. The TraderPlanet Website and the TraderPlanet Services are to be used for non-competitive purposes only. Use of the TraderPlanet Website or TraderPlanet Services by competing businesses, their affiliates, employees, or other associates is absolutely prohibited and constitutes a breach of this Agreement, giving rise to substantial damages. If You are an owner, employee or other associate of a competing social networking website (other than simply a member), You hereby agree that damages from the unlicensed visitation of the TraderPlanet Website are difficult to compute. Damages from breach of this competitor use provision shall therefore be set at $10,000.00 per unauthorized TraderPlanet Website visit. You hereby agree that such damages are a reasonable estimate of actual damages and waive your right to contest these damages in a court of law or other proceeding.
Cancellation, Termination and Interruption of Services. You agree that TraderPlanet has the right (but not the obligation) to deactivate or delete your Account, restrict, deny or terminate your access to all or part of the TraderPlanet Services, block your email or IP address, or otherwise terminate your access to or use of the TraderPlanet Services (or any part thereof), or remove, edit, and/or discard any content or postings transmitted by You, or information sent, stored or received via the TraderPlanet Services, immediately and without prior notice and for any or no reason, in its sole and absolute discretion, and without liability, if, in its opinion, it believes that your use of the TraderPlanet Services may violate any laws, infringe upon another person's or entity's rights, violate any of the terms of the Agreement or is inconsistent with the letter or spirit of the Agreement, or is otherwise deemed inappropriate for continued access.
You also agree that TraderPlanet may in its sole and absolute discretion and at any time, discontinue providing the TraderPlanet Services, or any part thereof, with or without notice. You agree that any termination of your access to the TraderPlanet Services under any provision of this Agreement may be effected without prior notice and that TraderPlanet reserves the right to bar any further access to the TraderPlanet Services. You expressly agree and acknowledge that the TraderPlanet Indemnities shall not be liable to You or any third-party for any termination of your access to the TraderPlanet Services, and that this provision is an essential element of our relationship, without which TraderPlanet would not offer the TraderPlanet Services to You.
Upon termination of the TraderPlanet Services, your right to use the TraderPlanet Services will immediately cease. In the event of such termination TraderPlanet has no obligation whatsoever to refund any portion of fees paid or compensate You for any lost use of your privileges under this Agreement or for any credits that You accrued as a result of your prior use of the TraderPlanet Services, and You shall have no right and TraderPlanet will have no obligation thereafter to forward any unread or unsent messages to You or any third party.
If You have subscribed to any fee-based service, You remain responsible for paying any amounts owed on your Account at the time your fee-based service and/or Account is terminated or cancelled. If You are participating in any free promotional offer for accessing a fee-based service, You must cancel such service before the end of the free trial period to avoid incurring charges. Certain fee-based services may require cancellation charges, and You agree to pay all such cancellation charges.
You acknowledge and agree that TraderPlanet may, in its sole discretion, deny You access, through the TraderPlanet Services, to linked Third Party Resources on the Internet, and TraderPlanet shall have no responsibility to notify any third-party providers, nor any responsibility for any consequences resulting from lack of notification. Termination, suspension or cancellation of this Agreement or your access rights to the TraderPlanet Services shall not affect any right or relief to which TraderPlanet may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to You will automatically terminate and immediately revert back to TraderPlanet and its licensors, and You agree not to attempt to use the TraderPlanet Services after said termination.
You may cancel your Member status in the TraderPlanet Services with or without cause at any time by emailing your request TraderPlanet. After cancellation, You will no longer have access to the Password Protected Member Services and all information or content of yours contained therein may be deleted by TraderPlanet. TraderPlanet shall not accept any liability for such deleted information or content.
All provisions of this Agreement, except for any license granted to You, survive any suspension or termination of your Member status or of access to all of or any part of the TraderPlanet Services.
Communications and Notices. You agree to receive all TraderPlanet required communications and notices, including service announcements, electronic emails, newsletters and administrative messages ("Notices") from us. WE MAY PROVIDE NOTICES TO YOU ELECTRONICALLY EITHER BY E-MAIL OR BY POSTING THE NOTICE ON THE TRADERPLANET WEBSITE. The delivery of any Notice is effective when sent or posted by us, regardless of whether You read the Notice or actually receive delivery. You can withdraw your consent to receive Notices electronically by terminating your Member Account and discontinuing your use of the TraderPlanet Services.
Additional Terms. You acknowledge and agree that the warranty
disclaimers and liability and remedy limitations in this Agreement are material
terms of this Agreement and that they have been taken into account in the
decision by TraderPlanet to give you access to the TraderPlanet Services
hereunder. You may not assign any of your rights, obligations or privileges
hereunder without the prior, written consent of TraderPlanet. Any assignment of
the foregoing other than as provided for in this section shall be null and
void, ab initio.
Severability and Integration. This Agreement constitutes the entire agreement between You and TraderPlanet and supersedes all prior or contemporaneous written or oral agreements between us. The failure of TraderPlanet to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any part or provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to your use of the TraderPlanet Services or
the Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Copyright and Intellectual Property Policy. TraderPlanet respects the intellectual property of others, and asks our Users to do the same. You acknowledge and agree that the Content and information presented by Authorized Advertisers and/or otherwise presented to You through the TraderPlanet Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and that You obtain no right or license in or to such items other than as expressly set forth herein.
It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the Accounts of Members who may infringe or repeatedly infringe the copyrights or other intellectual property rights of TraderPlanet and/or others.
and incorporated into this Agreement for informational purposes. Your ongoing
use of the TraderPlanet Services signifies your consent to the information
information to and within the United States of America or such other countries
as We may disclose from time to time for processing and storage by us.
Additionally, You agree that We may use your Personal Information to
authenticate You on any service provided by us or our affiliates.
Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice. TraderPlanet's Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice is hereby made part of and incorporated into this Agreement for informational purposes.
Hill Ward Henderson
Attention Rachel M. Feinman, Esq.
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, Florida 33602
Agreement with the Terms and Conditions of the Agreement. By using the TraderPlanet Services you represent that You have read and understand this Agreement and agree to be bound by all of the terms and conditions contained herein.
Should You object to any provisions of this Agreement or any subsequent modifications thereto or become dissatisfied with the TraderPlanet Services in any way, your sole and exclusive remedy and only recourse is to immediately discontinue your use of the TraderPlanet Services.
Governing Law, Forum Selection. This Agreement and the relationship between You and TraderPlanet shall be governed, interpreted and construed in accordance with the decisional laws of the State of Florida. This choice of law provision is intended to operate to the exclusion of (a) any choice of law or other law or provision that would result in this Agreement or any disputes arising out of or related to this Agreement being resolved by the decisional laws of any other state or country including your own, and (b) any law or convention that would otherwise apply including, but not limited to, the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby both knowingly, voluntarily, intentionally and irrevocably agree to waive any right to have any issue resolved by a jury and cede to the Court all matters of law and fact for resolution. Licensee and TraderPlanet each agree that the exclusive venue for bringing and maintaining any action arising out of, related to, or in connection with this Agreement shall be in Hillsborough County, Florida or federal court for the Middle District of Florida, Tampa Division. Licensee and TraderPlanet agree that, if Licensee brings any action or proceeding against TraderPlanet in any other venue in violation of this forum selection clause and TraderPlanet is the prevailing party on a motion to dismiss for improper venue or motion to transfer venue, TraderPlanet will be immediately entitled to recover its costs and attorney's fees associated with such motion. Licensee hereby irrevocably consents to personal jurisdiction of, and venue in, state or federal courts in Hillsborough County, Florida over any disputes or claims Licensee has with TraderPlanet and hereby waives any claim or defense that such venue is not convenient or proper, and consents to service of process by any means authorized by Florida law.
No Class Action. You forever waive your right to participate in any class action against TraderPlanet, its successors, subsidiaries, affiliates, or assigns, whether in a court of law, administrative body, through arbitration, or any other process in a joint action with other similarly situated complainants. No legal, arbitrative, administrative, or other action against TraderPlanet, its successors, subsidiaries, affiliates, or assigns, may be combined with any other action and You agree that You will consent to any motion to sever any action of which You are a part and proceed against TraderPlanet individually.
Successors. It is agreed that the benefits and the burdens of this Agreement shall inure to the benefit of and be binding upon TraderPlanet, its successors and assigns, and Licensee, his or its successors, heirs, and personal representatives.
In the event TraderPlanet should be required to take legal action to enforce
any of the provisions of this Agreement, TraderPlanet may recover its reasonable
Attorney's fees (up to and including any appellate proceedings) and costs from
the Licensee whether or not litigation results. This Section shall be
construed as an agreement, independent of any other provision in this
Agreement, and the existence of any claim or cause of action on the part of
Licensee against TraderPlanet, whether predicated on this Agreement or
otherwise, shall not constitute a defense to the enforcement by TraderPlanet of
the provisions of this Section.
Construction. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience, in no way defines or explains any section or provision hereof and shall not control the meaning or the interpretation of any of the provisions of this Agreement.
No Fraud or Reliance on TraderPlanet Representations. Licensee further acknowledges and agrees that Licensee entered into this Agreement based solely upon the terms contained within this Agreement and without relying upon any oral or written inducements, statements or representations by TraderPlanet or its agents or representatives that are not set forth in this Agreement.
No Agency. You and TraderPlanet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Additional Acknowledgements. LICENSEE FURTHER ACKNOWLEDGES THAT LICENSEE HAS CAREFULLY READ THIS AGREEMENT, HAD SUFFICIENT OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL OF LICENSEE'S CHOICE BEFORE ENTERING THIS AGREEMENT AND/OR USING THE TraderPlanet SERVICES, UNDERSTANDS LICENSEE'S RIGHTS AND OBLIGATIONS UNDER THE AGREEMENT, AND THAT USE OF THE TraderPlanet SERVICES BY THE LICENSEE IS AN ACCEPTANCE BY THE LICENSEE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Notice for Claims of Copyright and Other Intellectual Property Violations and Agent for Notice
Pursuant to Title 17, U.S. Code § 512(c)(2), notifications of claimed copyright infringement, or notification of other intellectual property rights violation, should be sent ONLY to the Designated Agent below.
NOTE: THE FOLLOWING CONTENT IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THIS CONTACT.
notification of claimed copyright infringement must be submitted to the
following Designated Agent via the following routes:
Hill Ward Henderson Attention Rachel M. Feinman, Esq. 3700 Bank of America Plaza 101 East Kennedy Boulevard Tampa, Florida 33602
- Fax: 813-221-2900
- Email: firstname.lastname@example.org
Title 17, § 51 2(c)(3)(A) of the United States Code, the Notification of
Claimed Infringement must include the following:
1. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.
2. An identification of the copyrighted work, or works, that you believe to have been infringed upon. The identification must provide sufficient detail to specify the work. For example, an identification for a web page might state, "The copyrighted work at issue is the text that appears on http://www.originalexpression.com/original_page.html." Where the work is another form of publication, the identifying Content could include the name, edition, ISBN number and pages of a book from which an excerpt was copied, the music album or single, etc. as appropriate.
3. A clear description of where the infringing material is located on our Web site, including, as applicable, its URL, so that we can locate the material.
4. Content reasonably sufficient to permit us to contact you. An email address is preferred. Alternatively, you might provide your mailing address and/or telephone number.
5. The following statement: "I have a good-faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent or the law."
6. The following statement: "I swear, under penalty of perjury, that the Content in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner."
regarding the treatment of information that we collect and maintain about You
in connection with your use of the TraderPlanet Website and your use of
our TraderPlanet Services. This policy does not apply to the practices of other
entities that TraderPlanet does not own or control or to individuals whom
TraderPlanet does not employ or manage, including operators and owners of
websites that You may link to or from the TraderPlanet Website or from which
You link to the TraderPlanet Website. By using the TraderPlanet Services
and/or accessing the TraderPlanet Website, You acknowledge and agree that
the Agreement by reference, and consent to the practices described herein.
We are committed to respecting your online privacy and recognize your need for appropriate protection and management of any Personal Information You share with us.
obtain in connection with your use of the TraderPlanet Website or the
TraderPlanet Services. It does not apply to information obtained offline or
through other non-electronic means.
Personal Information means any information that may be used to identify an individual, including, but not limited to, first and last name, personal profile, home or other physical address and an email address or other contact information, whether at work or at home. Currently, we do not require You to provide Personal Information in order to have access to the free information, commentary, analysis and news available on the TraderPlanet Services to Visitors. If You wish to have access to Password Protected Member Services and to receive any email notifications or updates from TraderPlanet, You need to register to create a profile and provide TraderPlanet with Personal Information comprised of your email address and a password. At a later time, You may add additional Personal Information to your Member profile.
If You choose to provide us with your Personal Information on the TraderPlanet Services, we may transfer that Personal Information within the TraderPlanet Services or to TraderPlanet's third-party service providers, but only to provide services on the TraderPlanet Services, across borders, and from your country or jurisdiction to other countries or jurisdictions around the world.
TraderPlanet complies with the National Do Not Call (NDNC) Registry rules and does not call any individual unless that individual makes an inquiry about TraderPlanet, its services or its offerings. If an individual makes an inquiry TraderPlanet may in accordance with the NDNC rules contact that individual by phone, email, or fax concerning future events, products, or services for up to three months after the inquiry. If the individual establishes a business relationship (for a fee or otherwise) with TraderPlanet by completing a transaction (including downloading an e-book or streaming video), attending an event (including a virtual webinar), purchasing a service or product, etc. TraderPlanet may contact that individual by phone, email, or fax concerning future events, products, or services for up to eighteen months after the last such transaction.
We do not send unsolicited emails (spam). In addition, We will never share email addresses or other Personal Information with unaffiliated third parties unless You grant permission beforehand. Any personal Information provided to us by any visitor or Member is kept strictly confidential. We conform to all state and federal laws regarding emailing.
Use of Personal Information
Any Personal Information we might have about any individual was submitted to us by said individual. Any data we obtain is used for the purpose of exposing visitors and Members to relevant products and/or services that We or our advertisers offer. We are committed to protecting all of the Personal Information that We collect and do not distribute this Personal Information to unaffiliated third parties unless You grant permission beforehand .
to our various newsletters and emails may opt out of receiving these messages
(other than Required Messages) at any time. Instructions for opting out are
clearly communicated in each such message.
Cookies and Other Tracking Technologies
Select pages on the TraderPlanet Services utilize "cookies" and other tracking technologies. A "cookie" is a small text file that may be used, for example, to collect information about your activity on the TraderPlanet Services and how You use our TraderPlanet Website. Some cookies and other technologies may serve to recall Personal Information previously provided to TraderPlanet by a Member of the TraderPlanet Services. When You revisit the TraderPlanet Services, this cookie will enable TraderPlanet to recognize You and provide You with direct access to the TraderPlanet Services without requiring You to retype any password or other Personal Information. You are responsible for updating and maintaining the truth and accuracy of the Personal Information that You provide relating to your Account. Most browsers allow You to control cookies, including whether or not to accept them and how to remove them.
TraderPlanet also gathers information about Member's individual use of our services, such as types of data accessed, times and volume of use, duration of sessions and other similar usage or system data. If You are not logged into the TraderPlanet Website as a Member but are browsing its public areas, TraderPlanet logs IP addresses and domain names. This information is aggregated for system administration and to monitor the TraderPlanet Website's usage. However, this technical information is not used to identify You personally. It is utilized to measure the number of visits to the TraderPlanet Website, average time spent, number of pages viewed and to monitor various other site statistics. This monitoring helps us evaluate how Visitors use and navigate the TraderPlanet Website so we can make improvements to it.
When applicable, these cookies will most likely automatically note and record the following Information to improve our TraderPlanet Services and your Web navigation experience:
- IP - Internet Protocol Address
- ISP - Internet Service Provider
- Browser type and version
- Operating system
may set most browsers to notify You if You receive a cookie, or you may choose
to block cookies with your browser, but please note that if You choose to erase
or block your cookies, You will need to re-enter certain identifying Personal
Information, should We in the future require such Personal Information,
necessary for You to gain access to Password Protected Member Services.
We make every effort to protect the Personal Information provided to us. Please be aware that We cannot guarantee the security of any Personal Information transferred over the Internet. You do so at your own risk.
TraderPlanet Services registered Members are required to enter into the
Agreement with TraderPlanet before they are able to access and use the
TraderPlanet Services. This Agreement should be carefully read before
registering as a Member of the TraderPlanet community.
We do not provide your Personal Information to unaffiliated third parties without your permission. We do make available to our Members certain offers or services from unaffiliated third parties who have products, services, and opportunities which may be useful to You. When We do We will ask You to enter the contact information You want to share in order to receive the offers or services You select. If You enter your contact information at that point You are giving your permission to allow the unaffiliated third parties to contact You, and for Traderplanet to share the contact information just entered with the unaffiliated third party advertisers whose offers or services You have requested. The shared information will be limited to that contact information You provided in order to receive the offers or services requested. TraderPlanet does not intend to transfer Personal Information without your consent to unaffiliated third parties who are not bound to act on TraderPlanet's behalf unless such transfer is legally required. Regardless of your decision regarding the sharing of your Personal Information, We may share broad aggregate demographic data and related usage Information with our business partners and affiliates. This aggregate Information does not contain any Personal Information that can identify an individual Member.
You may choose whether or not to provide Personal Information to TraderPlanet. The notices We will provide where TraderPlanet collects Personal Information on the TraderPlanet Services should assist in making this choice. If You choose not to provide the Personal Information We request, You can still visit most of the TraderPlanet Services as a Visitor, but You will be unable to access the Password Protected Member Services and certain options, offers, and services that require that you become a Member.
We have implemented suitable security policies, rules and technical measures to protect and safeguard the Personal Information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processors that have access to, and are associated with the processing of your Personal Information, are obliged to respect the confidentiality of your Personal Information.
Access / Accuracy
To the extent that You do provide us with Personal Information, TraderPlanet wishes to maintain accurate Personal Information. You may check your profile and add information, delete information or correct any incorrect information.
Collection of Information by Third-Party Sites
Links to Other Sites
Our TraderPlanet Services may contain links to other websites. Other sites may also reference or link to our TraderPlanet Services. We are not responsible for the privacy practices or the information of such other sites.
The TraderPlanet Services is not intended to attract children. Accordingly, We do not intend to collect Personal Information from anyone We know to be under 18 years of age.
While We cannot guarantee privacy perfection, We will address any issue to the best of our abilities as soon as possible.