Terms Of Service
Last Updated: Friday, December 25, 2020
Welcome to PsychoTrader LLC, (“Psycho Trader” from here on)we are a company based in Delaware, United States. These Terms of Service regulate the use and access of www.PsychoTrader.com, media form, social media channel(s), mobile website and mobile applications related, linked, or otherwise connected thereto (collectively the “Platform”). For the sake of convenience, the term “Services” shall be included in the term “Platform” wherever used throughout this document unless specified otherwise. These Terms of Service govern the use of the Platform which aims to provide our users with advice so you can make more informed decisions and trade successfully.
Psycho Trader, www.PsychoTrader.com nor any of its owners, operators, employees, contractors, or affiliates are an investment advisory service or a registered investment advisor or broker-dealer and do not claim to recommend or suggest which securities users should buy or sell. We shall not be liable for investment or other decisions made by you based upon any content we provide you.
We are not qualified to give out financial advice, investment strategies, or stock trading advice. We specifically disclaim any and all liability or loss arising out of any action taken in reliance on the content we provide you, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
By accepting these Terms, you agree that the Terms constitute a binding contract, effective as of the date of first acceptance by you, between PsychoTrader LLC (hereinafter referred to as “PsychoTrader”, “we”, “us”, or “our”) and you the user (hereinafter referred to as (“you”, “your”) (each a “Party” to the contract and collectively, the “Parties”).
2 THE SERVICE
We provide our users with information which is strictly for educational and informational purposes only. We offer subscription plans as indicated on the Platform which you can opt for to receive our premium services. You can also opt for our, free of cost services, the details of which are specified on the Platform. For more details about our subscription based offerings, please refer to the subscription plans available on the Platform which are subject to change from time to time.
You, possess 100% risk in all investments made by you. We do not claim that the information you receive from us will be accurate and free from errors or risk. Please refer to our Disclaimer prior to using and accessing our services.
Authorization. When you opt in to our subscription plan(s), or other periodic fee-based services on the Platform, a valid credit card or other payment methods will be required for billing purposes. You hereby through this reference consent to, acknowledge and allow PsychoTrader to charge and store (or cause a third party to charge and store on behalf of PsychoTrader) such payment information.
Price updates. The prices for the Services may change at any time during the subscription period by giving you at least thirty 30 days written notice. If you do not object to such a price change in writing requesting termination of Services, or cancel your subscription you will be deemed to have accepted the new prices. New prices applicable to the next renewal or subscription period may be communicated to you prior to subscription renewal. Any continued use of Services after the renewal date will be deemed to have accepted the new prices.
Mobile Carrier Charges. You may use mobile data in connection with the Services and may incur additional charges from your wireless provider for these Services. You hereby through this reference agree that you are solely responsible for any such charges.
Taxes. Unless otherwise stated, prices do not include applicable taxes. If we are legally obliged to pay or collect taxes for which you are responsible under this paragraph, the relevant amount will be invoiced and paid by you.
No Refunds. We offer a trial period for our premium memberships, which is detailed in our platforms. A subscription can be canceled at any time and access will remain valid through the end of the period. We do not provide refunds for any reason after your payment is submitted and processed.
3 CHANGES TO THE TERMS
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes and the revised Terms. We do not undertake to notify you of proposed or actual changes.
4 ACCESSING THE PLATFORM AND ACCOUNT SECURITY
We reserve the right to withdraw, update or amend this Platform and any Services or material we provide on the Platform at our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including visitors for any reason, such as maintenance or updates.
If you choose or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Platform account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
5.1 To use our Platform, you must:
5.1.1 Be at least of age the age of majority and not disqualified from entering into contracts under any law;
5.1.2 complete the registration process;
5.1.3 agree to our Terms; and
5.1.4 provide true, complete, and up to date legal and contact information
5.1.5 You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.
5.1.6 By using Platform, you represent and warrant that you will use Platform only for non-commercial purposes.
5.1.7 By using Platform, you represent and warrant that you meet all the requirements listed above and that you won’t use Platform in a way that violates any laws or regulations. PsychoTrader may refuse Service, close Accounts of any users, and change eligibility requirements at any time.
5.1.8 By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein, you shall not access/use the Platform and must cease to be a user.
6 PERSONAL DATA
The Term begins as soon as you access the Platform and continues as long as you use the Services. Clicking the button whenever prompted and entering your username means that you’ve officially “signed” these Terms.
8 ACCOUNT REGISTRATION
8.1 To access all Platform features and Services, you need to sign up or purchase a membership or register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.
8.2 You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.
9 PROHIBITED USES; CODE OF CONDUCT
9.1 You may use the Platform only for lawful purposes and in accordance with these Terms and any agreement that you have entered into us. You agree not to use the Platform:
9.1.1 In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries);
9.1.2 For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
9.1.3 To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
9.1.4 To impersonate or attempt to impersonate us, our employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
9.1.5 To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform, or expose them to liability.
9.2 Additionally, you agree not to:
9.2.1 Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other user’s use of the Platform, including their ability to engage in real-time activities through the Platform;
9.2.2 Use any robot, spider, or other automatic devices, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
9.2.3 Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in these Terms, without our prior written consent;
9.2.4 Use any device, software, or routine that interferes with the proper working of the Platform;
9.2.5 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
9.2.6 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
9.2.7 Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; or
9.2.8 Otherwise, attempt to interfere with the proper working of the Platform.
10.1 General Access.
Subject to your compliance with the Terms, we hereby grant to you a limited, non-transferable, non-exclusive right to access and use our Platform. Nothing in this Agreement obligates us to deliver or make available any copies of computer programs or code from the Platform to you, whether in object code or source code form. You may not remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Platform.
10.2 Subscription Users.
In order to access or use certain Services you must become a “Subscription User” by registering or purchasing our subscription services as indicated on the Platform.
As a Subscription User, you agree that we may electronically provide you (via email or other appropriate modes) with invoices, documents, notices and other communications regarding the Platform, the Services and/or your use thereof, as well as special offers, promotions, commercial advertisements, marketing materials, etc. You agree that we may send the foregoing communications to you via your Account or any email address(es) which you provide to us as part of your Account registration or otherwise.
Any license(s) not specifically granted in these Terms of Service are retained by PsychoTrader.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The Platform contains Intellectual Property of PsychoTrader in the form of content, graphics, videos, audios, text, and any other digital content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under these Terms. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these Terms of Service.
You acknowledge and agree that the Platform, the names and logos and all related products and names, design marks and slogans, and all other material comprising the Platform, are the property of PsychoTrader or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in PsychoTrader or its third-party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of PsychoTrader and you hereby irrevocably transfer and assign to PsychoTrader such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
14 PROTECTION OF INTELLECTUAL PROPERTY
It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your Account. If you find that anything on our Platform infringes any copyright that you own or control, please contact us using the information provided below.
14.2 DMCA Notification.
If you are a copyright owner or an agent thereof and believe that any content made available via the Platform infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Please send us all notices in connection with copyright infringements to: 8 The Green, ste #11906, Dover, DE 19901
If you feel that any of your content was improperly removed or made unavailable to other users, please contact us via the contact information set forth above.
15 GEOGRAPHIC RESTRICTIONS
When you access the platform, you do so on your own initiative and are responsible for compliance with your local laws. You agree that PsychoTrader, its shareholder, employees or any of its affiliates are not responsible for anything regarding your local laws.
16 USER CONTRIBUTIONS
16.1 The Platform, our social media channels may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out below in these Terms of Service.
16.2 Any User Contribution you post to the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
16.3 You represent and warrant that:
16.3.1 You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and
16.3.2 All of your User Contributions do and will comply with these Terms of Service.
16.3.3 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PsychoTrader, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
16.4 We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
17 CONTENT STANDARDS
17.1 These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, federal, state, local, and international laws, and regulations. Without limiting the foregoing, User Contributions must not:
17.1.1 Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, hurtful, inflammatory, or otherwise objectionable;
17.1.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
17.1.3 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
17.1.5 Contain images or videos of persons without such person’s consent;
17.1.6 Be likely to deceive any person;
17.1.7 Promote any illegal activity, or advocate, promote, or assist any unlawful act;
17.1.8 Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
17.1.9 Impersonate any person or misrepresent your identity or affiliation with any person or organization;
17.1.10 Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
17.1.11 Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
18 MONITORING AND ENFORCEMENT; TERMINATION
18.1 We have the right to:
18.1.1 Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
18.1.2 Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for us;
18.1.3 Disclose your identity or other information about you to a third party if required by law;
18.1.4 Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform; or
18.1.5 Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of these Terms.
18.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone making any contributions or posting any materials on or through the Platform or otherwise accessing or using our Platform.
18.3 YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LIABILITIES AND COSTS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER US/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
18.4 We do not undertake to review any material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
19 APPLE AND ANDROID DEVICES.
In addition to the terms mentioned in these Terms of Service, The following terms apply when you use our Platform obtained from either the Apple Store or Google Play (each an “App Distributor”) to access our Services:
19.1 the license granted to you for our Platform is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
19.2 we are responsible for providing any maintenance and support services with respect to the Platform as specified in the Terms. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform;
19.3 in the event of any failure of the Platform to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Platform, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Platform;
19.4 you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
19.5 you must comply with applicable third-party terms of agreement when using the Services, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Platform;
19.6 you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this Platform license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in the Platform license contained in these Terms of Service against you as a third-party beneficiary thereof.
20 EXTERNAL SERVICE PURCHASES.
When making a purchase through the Platform, you may have the option to pay through an External Service, such as with your Apple ID or Google account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.
To cancel a subscription. If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your Account with us or if you have deleted the Services from your device.
For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not us. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, we may terminate your Account immediately in our sole discretion, on the basis that you have determined that you do not want our subscription. In the event that your chargeback or other payment reversal is overturned, please contact us using the information at the end of this page. We will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account.
21 THIRD-PARTY SERVICES.
The Platform provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Platform. Also, User Contributions may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between their operators and us. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
We reserve the right to terminate your access to all or any part of the Platform at any point of time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by placing a request on our Platform. Any such termination shall immediately revoke the license(s) granted under these Terms of Service, and you shall effective immediately be prohibited from accessing or using the Platform or Platform Content for any reason. All fees paid hereunder are non-refundable. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.
To the maximum extent permissible by applicable law, you hereby absolutely release PsychoTrader and its affiliates as well as all other users of the Platform from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.
24 WARRANTY DISCLAIMER.
THE PLATFORM IS PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF PLATFORM IS AT THE USER’S SOLE RISK. THE PLATFORM IS PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. PSYCHOTRADER, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PLATFORM IS OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE PLATFORM IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE PLATFORM PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE PLATFORM SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE PLATFORM.
You acknowledge and agree that you shall at all times defend, indemnify, and hold harmless us, our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or Personal Data; (d) infringement by you (or any third party using your Account or identity in the Platform) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.
26 LIMITATION OF LIABILITY.
THE USE OF THE PLATFORM OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE PLATFORM FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE PLATFORM, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER THAN ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE. NOTHING IN THESE TERMS OF SERVICE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS.
27 GOVERNING LAW AND DISPUTE RESOLUTION
The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of the state of Delaware, USA applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts located in Delaware with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.
Any dispute concerning the subject matter of these Terms, or the breach, termination or validity thereof (a “Dispute”) will be settled exclusively in accordance with the procedures set forth herein. The party seeking resolution of a Dispute will first give notice in writing of the Dispute to the other party, setting forth the nature of the Dispute and a concise statement of the issues to be resolved. If the Dispute has not been resolved through good faith efforts and negotiations of senior officers or representatives of the parties within fifteen (15) days of receipt by the relevant party of the notice of Dispute, such notice will be deemed to be a notice of arbitration and the parties agree to submit the Dispute to a single arbitrator mutually agreeable to both parties. The venue of such arbitration shall be as may be mutually decided by the Parties. In the event that the Parties cannot agree on a sole arbitrator, the arbitrator will be appointed by a judge of the appropriate court on application by either party to the Dispute. All decisions and awards rendered by the arbitrator will be final and binding upon the parties for all questions submitted to such arbitrator, and the costs associated with such submission shall be shared equally by the parties involved in the Dispute unless the arbitrator decides otherwise. The parties waive all rights of appeal, therefore to any court or tribunal, and agree that the only recourse by any party to any court will be for the purpose of enforcing an arbitration award.
28.1 Entire agreement and severability. These Terms are the entire agreement between you and us with regards to the Platform. These Terms supersede all prior, contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
28.2 Relationship of the parties. You and PsychoTrader are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship you nor any fiduciary duty.
28.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
28.4 Assignment. You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.
28.5 Notices. All notices under these Terms shall be in writing Unless otherwise specified in these Term of Service. Notices to us shall be sent by email to firstname.lastname@example.org You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.
28.6 No waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.
28.7 Interpretation. The headers are provided only to make this agreement easier to read and understand.
You may get in touch with us through our Platform or the address given below: PsychoTrader LLC, 8 The Green, Ste #11906, Dover, DE 19901, email@example.com