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PowerTrader LLC

TERMS & CONDITIONS

Effective date: October 1, 2019

INTRODUCTION

These terms and conditions (“Terms”, “Agreement”) are an agreement between PowerTrader LLC ( “us”, “we” or “our”) and you (“User”, “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the PowerTrader website and/or mobile application and any of its products or services (collectively, “Website”, “Mobile Application” or “Service(s)”).

SECTION 1 – ACCOUNTS AND MEMBERSHIP

By using PowerTrader, you represent that you are at least the age of majority in your state or province of residence; or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website and/or Mobile Application. If you create an account in the Website and/or Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.

SECTION 2 – USER CONTENT

We do not own any data, information or material (“Content”) that you submit in the Website and/or Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content in the Website and/or Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website and/or Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.

SECTION 3 – BACKUPS

We perform regular backups of the data, however, these backups are for our own administrative purposes only and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.

SECTION 4 – LINKS TO OTHER MOBILE APPLICATIONS

Although this Website and/or Mobile Application may link to other websites and/or mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website and/or mobile application, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites and/or mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website and/or mobile application which you access through a link from this Website and/or Mobile Application. Your linking to any other off-site websites and/or mobile applications is at your own risk.

SECTION 5 – PERSONAL INFORMATION

Your submission of personal information through the Mobile Application is governed by our Privacy Policy.

SECTION 6 – ERRORS, INACCURACIES, AND OMISSIONS

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 7 – PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and/or Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.

SECTION 8 – INTELLECTUAL PROPERTY RIGHTS

This Agreement does not transfer to you any intellectual property owned by Website and/or Mobile Application or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website and/or Mobile Application. All trademarks, service marks, graphics and logos used in connection with our Website and/or Mobile Application or Services, are trademarks or registered trademarks of Website and/or Mobile Application or Website and/or Mobile Application licensors. Other trademarks, service marks, graphics and logos used in connection with our Website, Mobile Application, or Services may be the trademarks of other third-parties. Your use of our Website, Mobile Application, and Services grants you no right or license to reproduce or otherwise use any Website, Mobile Application, or third-party trademarks.

SECTION 9 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, in no event will Website, Mobile Application, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website/Mobile Application has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website/Mobile Application and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website/Mobile Application for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

SECTION 10 – INDEMNIFICATION

You agree to indemnify and hold Website/Mobile Application and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website, Mobile Application, or Services or any willful misconduct on your part.

SECTION 11 – SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

SECTION 12 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website and/or Mobile Application. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 13 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 – GOVERNING LAW

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the United States of America without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in the United States of America , and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

SECTION 15 – CHANGES AND AMENDMENTS

We reserve the right to modify this Agreement or its policies relating to the Website, Mobile Application, or Services at any time, effective upon posting of an updated version of this Agreement in the Website and Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and/or Mobile Application after any such changes shall constitute your consent to such changes.

SECTION 16 – ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to its terms and conditions. By using the Website and/or Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website, Mobile Application, and its Services.

SECTION 17 – QUESTIONS AND CONTACT INFORMATION

If you have any questions about this Agreement, please contact us at: contact@powertrader.net. Please include your username and email address.