PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU ACCESS OR USE MARKETLIFE.COM OR ANY AFFILIATED SITES AND/OR THEIR SUBDOMAINS (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED.
The Site is copyrighted work belonging to Market Life Trading, LLC (hereafter also “we,” “us,” “our,” and, “the Company”). These Terms and Conditions constitute the Market Life Trading, LLC End-User Agreement (the “Agreement“) and govern your access to and use of the services and the content (defined below in Section 13) available on the Site (collectively, the “Services“). Specific features of the Site may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user (hereafter also “you” and “your,” including any entity that you represent).
THIS AGREEMENT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND MARKET LIFE TRADING, LLC. BY USING THIS SITE AND THE RELATED SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THIS AGREEMENT WITHOUT RESTRICTION, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THIS AGREEMENT.
BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR THAT YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
THIS AGREEMENT LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE, AND IT REQUIRES THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.
This Agreement governs the entire relationship between you and Market Life Trading, LLC. All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding privacy and additional disclaimers as well as our Acceptable Use Policy (“AUP”) found in Exhibit A hereto, form an integral part of this Agreement and are incorporated herein by this reference.
By accepting this Agreement, you further understand and agree that the Site and any content or Services therein are provided by the Company and may be terminated or otherwise discontinued by the Company at its sole discretion at any time pursuant to this Agreement.
If you have any questions relating to the Site or Membership (as defined below), they can be sent to the attention of our Customer Service by email to email@example.com. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
We reserve the right to change any part of this Agreement at any time, and we will most likely make such modifications from time to time. When modifications to this Agreement are made, you will receive a communication from us providing notice of such modification. Any changes to the Agreement will be effective immediately upon notice, and we may provide such notice by any means, including, without limitation, by electronic posting. You agree to check this Agreement periodically for the new provisions that govern the Site and the Services. Your continued accessing or usage of the Site, content modifications, or Services following the posting of any notice of modifications to this agreement will be considered your acceptance of any such modifications.
This Site primarily operates as an e-commerce website. Subject to all provisions set forth in this Agreement, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by this Agreement and for the sole purpose of using and enjoying the benefit of the Services provided by the Site.
When using the Site or the Services, you may not impersonate another person or entity, assume a fictitious identity, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by the Company.
The license to use does not entitle you to download or copy any Content, paid or free, except as may occur through the normal caching function of your browser or other device, and except to print and retain a copy for your own personal, non-commercial use.
You may not reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the Content except as expressly authorized in this Agreement, nor go outside the site to sell, advertise or post Content or information granted to you through the Site by setting up an account and paying your membership fee.
The information contained in and the Services provided through the Site are educational in nature and are designed to contribute to your overall understanding of financial markets including but not limited to various types of market analysis. The content on the Site may include information and/or resources on how the Company and its representatives themselves may apply to the financial markets the education on various types of market analysis that is provided. In each instance where such information or resources may be provided, it is done for an informational and educational purpose only and must not by any means be misconstrued as giving investment advice or as a recommendation or solicitation to buy or sell any particular security or to enter or to refrain from entering into any particular transaction. The Company is not a securities broker-dealer, financial advisor, registered investment advisor (“RIA”), registered analyst, or any other type of registered or regulated entity.
Neither the Site nor its content, nor the Services have been approved by any governmental agency or instrumentality, or by any self-regulatory organization.
No information contained on the Site or transmitted through the Services is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy a company, security or fund, or as an endorsement, recommendation or sponsorship of any company, security or fund.
Trading of equities, options, futures, foreign exchange products and cryptocurrencies is not suitable for everyone and involves significant risks including immediate and significant loss of capital. You should consult your business advisor as well as legal, tax and accounting professionals concerning any contemplated transactions. By accessing the Site, you acknowledge the risks involved in investing in or trading the equities, options, futures, foreign exchange and cryptocurrency markets and acknowledge that you, the user, assume all associated risks and are solely responsible for any losses, financial or otherwise, as a result of using this Site.
The Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, whether provided interactively, passively, or through software or automation of any kind; the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. The Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
While the Content may comprise information, research or data about particular securities and other investments, you shall not construe such content as constituting representations on our part that any security, other investment or investment strategy is suitable for you, or for anyone you may advise. In this regard, you acknowledge that not all securities, other investments or investment strategies are suitable for all investors.
In view of the foregoing, you acknowledge and agree that, prior to executing any investments or trades, you will make your own independent verification of financial information and of market analysis as well as your own evaluation of the investment merits and suitability for you, or anyone you may advise, of the securities, other investments or investment strategies, that may be presented, evaluated or discussed within our Content or Services. You further understand and agree that the Company does not and cannot know what is suitable for you in terms of investments or trades because the Company neither handles your funds in any way nor acts as your financial planner or investment advisor to you by any definition. You further agree that you will not use any of the Content or Services for or in connection with making tax, legal or accounting decisions, or advising others regarding tax, legal or accounting matters.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Futures, options and stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or stock markets. Don not invest or trade with money you cannot afford to lose. The Site is neither a solicitation nor an offer to buy/sell equities, options, futures, foreign exchange or cryptocurrencies. No representation is being made that any account will or is likely to achieve profits or losses similar any account that may be discussed on the Site. The past performance of any investment or trading system or methodology is not necessarily indicative of future results.
You are urged to view our additional Disclaimers before continuing to use the Site. By accessing the Site, you acknowledge and agree to the Disclaimers.
You agree to ensure that any information disseminated pursuant to the Services, whether such dissemination is made (a) by you or on your behalf by a person authorized to disseminate information on your behalf or (b) otherwise, in any case, complies with all statutes, rules, regulations, orders or other governmental acts of any jurisdiction, whether foreign or domestic, including without limitation, (i) the Securities Act of 1933, as amended, including the rules and regulations promulgated thereunder, (ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA, and (v) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WITH REGARD TO THE SERVICES OR CONTENT PROVIDED ON THE SITE, OR WITH REGARD TO THE SITE’S OR THE SERVICES’ AVAILABILITY OR UPTIME (OR LACK THEREOF) AT ANY TIME OR OVER TIME FROM ANY SPECIFIC NETWORK OR ANY PART OF THE WORLD. THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, VENDORS, AGENTS, SUBSIDIARIES, LICENSORS, SUCCESSORS AND ASSIGNS (THE “COMPANY PERSONS”) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS SECTION SUPERSEDES ANY SUCH IMPLIED OR INFERRED WARRANTY, AND IN THE EVENT OF ANY CONFLICT BETWEEN ANY INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES THAT IS IN CONFLICT WITH THIS SECTION, THIS SECTION SHALL GOVERN. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER, NETWORK, OR INTERNET ACCESS. THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, OR FINANCIAL ADVICE (INCLUDING FOR TRADING OR INVESTMENT PURPOSES). WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
The Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing and indeed at any time, or that the Company will have adequate capacity for the Services as a whole or at any specific geographical location.
The Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with a Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this Agreement and this Agreement shall govern and supersede any information provided to you through such contact with a Company representative.
The Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software system or configuration.
The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond the Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, materials, climate change or any related disasters, events, shortages or hardship.
Forums and/or live or interactive trading rooms may be available from time to time as part of the Services or as part of free or paid Membership (as defined below). By accessing any forum and/or any live trading room, you agree to the following rules:
By signing up for a Trial Membership, your credit card will automatically be charged the relevant trial price as advertised. If you decide that you do not want to continue and purchase a Membership, you have to cancel your Trial Offer by emailing firstname.lastname@example.org.
Cancellation of your Membership is not official until you receive an email confirmation from the Company. You must cancel your Trial Membership one business day before the Trial Period ends for such cancellation to be valid. If you do not cancel the day before the end of the Trial Period, you will automatically become an active member, and the credit card you provided will automatically be charged the Membership Fee for the Membership associated with the Trial Membership.
Trial Memberships are limited to one per member unless otherwise invited via email or other means to participate in an additional Trial Membership.
Once you are an active member, your account will be renewed either monthly or for the appropriate renewal period, depending on your Membership particulars. If you wish to cancel your Membership subscription after the Trial Period, you may do so by following the instructions in the Membership section. There are no refunds or credits for partial monthly subscriptions. If Company increases the Membership Fee, you will be provided with notice of such increase. By continuing to use your Membership, you accept the new price, and the price change will take effect at the start of the next subscription period following the date of the price change.
The Site contains both free content and Services and paid content and Services. One way in which paid and free content and Services are offered is in the form of memberships (“Membership”). The paid content and Services may require a payment of an annual, semi-annual, quarterly or monthly fee (“Membership Fee”). From time to time, a subscription tier may be offered that is entirely free (“Free Membership”). For the purposes of this Section 9 and in the context of the rules of Membership, there shall be no difference between paying members who are paying a Membership Fee and free members who have subscribed to a Free Membership (each a “Member” and collectively the “Members”). By subscribing to any Membership, whether paid or free, you agree to the following (“Membership Rules”):
Failure to abide by these Membership Rules may result in you being banned from the forum or trading rooms, and/or in your account being suspended or terminated completely, and even in civil or criminal liability. You understand and explicitly agree that the Company, at its sole discretion, may terminate your Membership at any time, for any reason or no reason. If the Company terminates your Membership, it will provide notice to you through the email address associated with your account.
Memberships may be canceled at any time by either you or the Company and there shall be no termination liabilities in form of future payments accruing to you. If you wish to cancel, you may do so at any time by emailing email@example.com
Cancellation of your Membership is not official until you receive an email confirmation from the Company.
For Members who decide to cancel their Membership pursuant to the cancellation policy defined in the Membership section (Section 9 above), the following refund policies apply:
There are no refunds or credits of Membership Fees for partial monthly subscriptions. Rather, the current subscription will run its course to the end of the current billing cycle, at which point the Membership would then become inactive and the account will be cancelled.
Quarterly, Semi-Annual and Annual Memberships
Certain Memberships receive reduced Membership Fees by paying in advance for quarterly, semi-annual and annual Memberships (“Reduced Membership Fees”). If you decide to cancel before the end of the relevant quarterly, semi-annual or annual Membership purchased, you may receive a Partial Refund. A Partial Refund shall be equal to the remaining months of the Membership purchased minus the difference between the month-to-month Membership Fee and the Reduced Membership Fee for the time you were a member.
For the avoidance of doubt, you are responsible for the full month-to-month Membership Fee for the months in which you used the Membership if you choose to cancel your quarterly, semi-annual or annual Membership early. In some cases, you may not be entitled to a refund at all, if the refund for the remaining months on the quarterly, semi-annual or annual Membership would be less than the difference between the Membership Fee and the Reduced Membership Fee for the months already consumed.
If the credit card you provided for billing is cancelled without notice, the entire amount left on the contract will be sent to a third-party collection agency.
Coupons and other discounts may be offered at the discretion of Company and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased a Membership, Trial or other Services. It is within Company’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.
Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site and the Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site and/or the Services. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through the Company, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.
All content and Services offered by Company on the Site, including, but not limited to, the free materials and content, paid Membership materials and content, software, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.
We may suspend or terminate your access to the Site or your account at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account for any reason or no reason by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may also be deactivated if it experiences a prolonged period of inactivity.
If you wish to terminate your Membership, you may do so by emailing firstname.lastname@example.org. Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we may be required to keep in compliance of any applicable laws).
We reserve the right to review and investigate your use of the Site and to take any appropriate action against you that we determine is necessary in our sole discretion, should you violate this Agreement, or otherwise create liability, loss, or damage for us, for our Site visitors, or for a third party. Such action may include, but is not limited to, restricting your account privileges or terminating your account, initiating proceedings to recover any losses and reporting you to law enforcement authorities. Please carefully review the AUP incorporated herein by reference.
The Site may contain links to and advertisements for third-party websites and services (collectively, “Third-Party Resources“). You agree and acknowledge that Third-Party Resources are not under the Company’s control, and we are not responsible for the content, products, or services they provide. We may provide access to Third-Party Resources only as a convenience to you and we do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.
We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this Section. Unless we indicate otherwise, any future modifications to the Site are subject to this Agreement.
We may require that you accept such updates and modifications to the Site from time to time. In accordance the provisions of Section 2 of this Agreement, we reserve the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:
Although we may choose to provide customer support or website maintenance, you acknowledge and agree that we are under no obligation to do so.
Unless otherwise provided herein, Market Life Trading LLC and its permitted licensors own all intellectual property rights to the Site and its contents. These rights apply to all Content and include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by this Agreement, neither this Agreement nor your use or access to the Site give you or any third party intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the Content on the Site or the Services without our express prior written consent or any other applicable consent. Content on the Site is not for resale under any circumstances.
We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user’s account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address: Market Life Trading, LLC Attn: Copyright Agent 99 Wall Street, #863 New York, New York 10005 Phone: 212.321.0425 +Email: email@example.com
Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney’s fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by us, if injured by such misrepresentation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARKET LIFE TRADING LLC, AS WELL AS ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, SUPPLIERS, VENDORS, AGENTS, LICENSORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS (the “COMPANY PERSONS”) MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL, MULTIPLE OR PUNITIVE DAMAGES, or any other kind of damages whatsoever, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST FUNDS, INVESTMENT OR TRADING LOSSES, LOST REVENUES, LOST OPPORTUNITY OR OPPORTUNITY COST, LOST DATA, LOSS OF SECURITY, LOSS OF PRIVACY, COSTS OF RECREATING LOST DATA, COST OF PROCURING OR TRANSITIONING TO SUBSTITUTE SERVICES, OR LOSS OF USE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY CLAIM OR CAUSE OF ACTION BASED ON (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR THE SERVICES OR ANY ACTION YOU MAY CHOOSE TO TAKE OR REFRAIN FROM TAKING BASED ON SUCH USE OR INABILITY TO USE; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES OR ANY THIRD PARTY SERVICES PROVIDED OR PASSED THROUGH BY THE COMPANY, INCLUDING BUT NOT LIMITED TO CLAIMS OF BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE (INCLUDING STRICT LIABILITY), TORTS OF ANY KIND, OR CLAIMS UNDER ANY OTHER LEGAL THEORY, WHETHER IN TORT OR IN CONTRACT, AT LAW OR EQUITY, EVEN IF DUE TO THE COMPANY’S NEGLIGENCE, AND EVEN IF EITHER YOU AND/OR THE COMPANY KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF AND WHETHER OR NOT SUCH EVENTS, DAMAGES OR CLAIMS WERE OR SHOULD HAVE BEEN FORESEEABLE. THESE LIMITATIONS APPLY EVEN IF EITHER YOU OR THE COMPANY OR BOTH HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL OF LOSS, DAMAGE, CLAIM OR LIABILITY. FURTHER, EXCEPT IN THE EVENT OF WILLFUL MISCONDUCT BY THE COMPANY, THE COMPANY SHALL NOT BE LIABLE FOR DIRECT DAMAGES.
YOU AGREE THAT COMPANY PERSONS WILL HAVE NO LIABILITY OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER THEREOF OR FROM YOUR USE OF THE SITE OR SERVICES AND YOU FURTHER AGREE TO BRING ANY CLAIM YOU MAY HAVE AGAINST THE COMPANY ITSELF AND YOU EXPLICITLY AGREE TO NOT BRING ANY CLAIM PERSONALLY AGAINST ANY COMPANY PERSONS. THE LIMITATIONS IN THIS SECTION 21 APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.
THE COMPANY’S MAXIMUM AGGREGATE AND CUMULATIVE LIABILITY TO YOU, YOUR REPRESENTATIVES, AFFILIATES, SUCCESSORS OR ASSIGNS FOR ANY LOSSES, CLAIMS, DAMAGES, EXPENSES, ATTORNEY AND EXPERT FEES OR LIABILITY OF ANY KIND UNDER THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, AT LAW OR IN EQUITY, OR UNDER ANY LEGAL THEORY, SHALL BE THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00 US DOLLARS) OR THE AMOUNT YOU PAID THE COMPANY FOR THE SERVICES, IF ANY, IN THE TWO MONTHS IMMEDIATELY PRIOR TO THE EVENT(S) GIVING RISE TO SUCH LOSS, DAMAGE, CLAIM OR ALLEGED LIABILITY. YOU UNDERSTAND AND AGREE THAT THE PROVISIONS OF THIS SECTION 21 (LIMITATION OF LIABILITY) SHALL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIMS OR ACTIONS ARISING FROM OR ARE BY ANY THEORY RELATED TO (i) THE SITE AND THE SERVICES, (ii) ANY ACTIONS YOU MAY TAKE OR MAY REFRAIN FROM TAKING BASED ON THE SITE OR SERVICES AND ANY CLAIMS OR ACTIONS ARISING FROM SUCH ACTIONS YOU MAY TAKE OR REFRAIN FROM TAKING, (iii) THE SUBJECT MATTER OF THIS AGREEMENT, AND, (iv) ANY THIRD PARTY SERVICES PROVIDED OR PASSED THROUGH BY THE COMPANY OR BY ANY OTHER PARTY IN CONJUNCTION WITH THE SERVICES AND ANY CLAIMS OR ACTIONS ARISING THEREFROM; EVEN IF A MEDIATOR, ARBITRATOR, COURT OF COMPETENT JURISDITION OR ANY OTHER RELEVANT AUTHORITY FINDS THAT SUCH SOLE AND EXCLUSIVE REMEDY PROVIDED HEREIN FAILS OR HAS FAILED ITS ESSENTIAL PURPOSE. THE EXISTENCE OF MORE THAN ONE CLAIM OR CAUSE OF ACTION SHALL NOT ENLARGE THE LIMITS OF THE SOLE AND EXCLUSIVE REMEDY PROVIDED HEREIN.
You agree to indemnify, defend, and hold harmless the Company and the Company Persons including, but not limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your use of the Site, violation of this Agreement, violation of applicable law, regulation or ordinance, violation of the rights of any third party, your conduct in connection with the Services or with other users, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice. This indemnity shall survive any termination or cessation of use by you of the Services.
In the event you have a dispute arising out of, directly or indirectly, this Agreement or your use of the Site or Services, you hereby release and forever discharge the Company and the Company Persons, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Should you breach this Agreement, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your account.
Unless both parties agree otherwise on a case-by-case basis and indicate such agreement in a mutually executed sealed instrument wishing to claim an exemption from this Section 25, you and the Company agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or this Agreement will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its then-current Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS IRREVOCABLY WAIVING ITS RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR ANY MULTI-PARTY ACTION UNDER ANY NAME AND UNDER ANY LEGAL THEORY. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE ASSERTED CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED.
This provision shall survive the termination of this agreement, the termination of your account, and any termination or discontinuation of the Site and the Services as well as the dissolution of the Company. You and the Company agree that the Company may seek injunctive or other appropriate relief in the appropriate state or federal court, should you violate or threaten to violate the intellectual property rights of the Company or of the Company Persons, and you consent to exclusive jurisdiction and venue in such courts.
Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.
You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Please do not provide us with any feedback or complaints that you consider confidential or proprietary. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.
Please report any violations of this Agreement to us. If you require any more information or have any questions about this Agreement, you may contact us as follows: Market Life Trading LLC, 99 Wall Street, #863 New York, NY, 10005 Phone: 646.470.0352 Email: firstname.lastname@example.org.