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Tradeify Terms of Use

The www.tradeify.co website and all contents thereof (collectively, the “Site”) is provided by Tradeify Holdings, Corp and/or affiliates thereof (“Tradeify” or “we,” “us” or “our”) and is subject to the terms set forth herein. By visiting the Site, you agree to comply with and be bound by these Tradeify Terms of Use (“Terms of Use”). If you do not agree to all provisions of these Terms of Use, you may not use the Site.

Tradeify reserves the right to make changes at any time to these Terms of Use. Any modifications to these Terms of Use will be effective upon posting of the modified Terms of Use on the Site. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

These Terms of Use contain a class action waiver, as set forth below.

Age and Legal Capacity

By using this Site, you represent and warrant that you are the legal age of majority under applicable laws to form a binding contract with Tradeify. If you do not meet such requirement, you must not access or use the Site.

Tradeify Platform and Services

Access to and use of any platform and/or services provided by Tradeify via the Site are governed by a separate Tradeify Funded Trader Agreement (the “Account Agreement”). In the event of any conflict between these Terms of Use and the Account Agreement, the Account Agreement shall govern.

Intellectual Property

TRADEIFY, the TRADEIFY logo, TRADEIFYTV and other trademarks and service marks displayed on our Site are the proprietary service marks or trademarks of Tradeify or third parties. Tradeify’s marks may not be used in connection with any product or service that is not Tradeify’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit Tradeify. Any and all other trademarks and service marks not owned by Tradeify that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tradeify. You may not use, copy, modify or display any of the trademarks, service marks, or names appearing on the Site without the express written permission of the respective owner thereof.

All content on the Site, including, but not limited to, works of authorship, software, designs, text, graphics, photos, logos, button icons, images and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of Tradeify or third parties and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user of the Site any license or right in or to any copyright, trademark, service mark, trade secret or other proprietary right of Tradeify or any other person.

Use of the Site

The Site may include information regarding Tradeify and its products and/or services, and/or other materials proprietary to Tradeify. You may download, view, copy and print such information and materials and any other aspect of this Site (i) solely for your personal, non-commercial and lawful purposes or as otherwise permitted via the Account Agreement or a separate written agreement between you and Tradeify; and (ii) provided that neither the information or materials, nor any proprietary notices or disclaimers therein are modified, obscured or altered and you otherwise comply with these Terms of Use.

You must comply with all laws and regulations relating to your access to and use of the Site, including those relating to online trading, taxes and financial disclosures. As between Tradeify and you, it is solely your responsibility to ensure use of the Site does not violate applicable laws and regulations.

You agree not to:

  • interfere, in any way, with others’ use of or access to the Site;
  • attempt to gain unauthorized access to the computer system of any other Site user;
  • upload to the Site any computer virus, malware, ransomware, worm or any other code designed to disable, damage or disrupt the operation of, permit unauthorized access to, erase, destroy or modify any data or any software, hardware, network or other technology;
  • otherwise use or access the Site in any manner that threatens the security or functionality thereof;
  • take any other action in connection with your use of the Site which infringes or otherwise violates the intellectual property rights, moral rights, privacy rights or other rights of any third party or Tradeify or otherwise violates any applicable local, state, national or international law, rule, regulation or order of any court;
  • use any robot, spider, scraper or other automatic device, manual process or application or data mining, scraping or extraction tool to access, harvest, monitor, copy or use the Site without the express written permission of Tradeify; or
  • take any other action that imposes an unreasonable or disproportionately large load on the Site or otherwise damage, disable, overburden or impair our servers or networks.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any content on the Site, without the prior written permission of Tradeify.

You agree that you will not authorize or assist any third party in undertaking any of the prohibited or restricted actions described in this section.

Modification or Discontinuance of Site by Tradeify

At any time, without notice to you, and for any or no reason, Tradeify may modify or discontinue the Site or any content thereof. Tradeify shall in no way be held liable for any consequence which results from Tradeify’s decision to modify or discontinue providing the Site or any content thereof.

Denial of Access

Tradeify may prohibit you from using or accessing the Site, in whole or in part, for any or no reason, at any time, in its sole discretion, with or without notice to you. Without limiting the generality of the foregoing, Tradeify reserves the right to investigate and take legal action against any perceived illegal and/or unauthorized use of the Site or any products or services provided via the Site. Tradeify’s decision not to pursue legal action for any violation of these Terms of Use shall not be construed as a waiver of any provision of these Terms of Use or any legal rights of Tradeify.

Links to Third Party Websites

You acknowledge that, at any time, Tradeify may provide links to the websites of third parties via the Site. Tradeify is not responsible for the content of any links, any products, services or other materials relating to any linked site, the privacy practices or policies of the owners or operators of such sites, any link contained in a linked site, or for monitoring any use by you thereof. The display of any link does not imply endorsement by Tradeify of the linked site or any content therein. We make no representations or warranties as to the accuracy of, or any other aspect of, other websites or their privacy practices or policies. IN NO EVENT WILL TRADEIFY OR OTHER TRADEIFY PARTIES BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE OR THE OWNER OR OPERATOR THEREOF.

Electronic Communications and Notices

When you visit this Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may (but are not obligated to) send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.

User Contributions

Except to the extent otherwise expressly provided by Tradeify, any and all comments, posts, messages, reviews, feedback, information or other materials submitted to Tradeify through or in association with the Site, or any products and/or services provided via the Site (collectively, “User Contributions”) shall be considered non-confidential and Tradeify’s property. By submitting such User Contributions to Tradeify, you hereby (i) irrevocably assign and transfer to Tradeify, without charge, all worldwide rights, title and interest in and to such User Contributions, including all copyrights and other intellectual property rights and the right to prosecute and recover monetary damages for any infringements and other violations thereof, (ii) irrevocably waive any rights of attribution and other moral rights thereto, and (iii) agree that Tradeify shall be free to use such User Contributions in any manner or media whatsoever, on an unrestricted basis and without any attribution, royalties or other compensation to you.

Disclaimer of Warranties; Limitation of Liability

The Site is not a substitute for professional advice or services. Nothing on the Site constitutes financial, investment, legal, assurance, tax, consulting, business of other professional advice, and you should consult a qualified professional advisor before taking any action based on the information herein. Tradeify is not responsible for any losses resulting from or relating to reliance on the Site by you or any other person.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, AND/OR ANY CONTENT, PRODUCTS OR SERVICES CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, TRADEIFY MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY CONTENT, PRODUCTS OR SERVICES ON OR ACCESSED VIA THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TRADEIFY DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND TRADEIFY IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM RELIANCE ON SUCH INFORMATION OR ANY OTHER ASPECT OF THE SITE. FURTHER, TRADEIFY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL TRADEIFY AND ITS AFFILIATES OR ANY OF THE DIRECTORS, SHAREHOLDERS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TRADEIFY (COLLECTIVELY, THE “TRADEIFY PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, TRADING OR INVESTMENT LOSSES, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE-REFERENCED CLAIMS OR FOR DISPUTES AGAINST ANY TRADEIFY PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, reimburse and hold each of the Tradeify Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses of any nature whatsoever, including without limitation reasonable attorneys’ fees, disbursements and court costs (collectively, “Losses”) arising from or in connection with (i) your use of the Site, including any content, products or services contained, displayed or available therein; (ii) your violation of these Terms of Use and/or any other agreement between you and Tradeify; (iii) any User Contributions provided by you to Tradeify; or (iv) your violation of any rights of any third party; provided that you will have no obligation under this paragraph to the extent any such Losses are primarily and proximately caused by the gross negligence or willful misconduct of Tradeify. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, in which event you agree to provide us any and all such assistance and cooperation in asserting any available defenses and/or negotiating any settlement thereof as we may reasonably request.

Privacy

The terms of the Tradeify Privacy Policy are hereby incorporated into these Terms of Use. We advise you to check our Privacy Policy periodically for changes. You hereby consent to our collection, use and disclosure of your personal information in accordance with and for such purposes as described in our Privacy Policy.

Governing Law; Class Action Waiver

The laws of the State of Florida will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of these Terms of Use or your use of the Site or any information or data obtained in connection therewith shall be brought exclusively in state or federal court located in Dallas, Texas, and you irrevocably consent to the jurisdiction of such courts and waive, to the fullest extent permitted by applicable laws, any objection to the laying of venue in such courts of any legal action or proceeding arising out of or relating to these Terms of Use and any claim that any such action or proceeding has been brought in an inconvenient forum. YOU FURTHER IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE. YOU ADDITIONALLY AGREE THAT ANY CLAIMS BROUGHT BY YOU AGAINST ANY TRADEIFY PARTIES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND YOU IRREVOCABLY WAIVE ANY RIGHT TO BRING ANY CLAIM HEREUNDER AS A CLASS OR COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER CLAIM IN WHICH ANY PERSON ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

Availability Only Where Permitted by Law

Any products and/or services described on the Site are only offered in jurisdictions where they may be legally offered for sale. In no event shall the information on this Site be deemed an offer to or solicitation of anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.

International Use

None of the products or services or underlying information available via the Site may be downloaded or otherwise exported to any jurisdiction or person to which such export is prohibited by applicable laws or regulations or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise violating any applicable export or other laws or regulations. You further agree to indemnify, reimburse and hold harmless Tradeify against any and all Losses arising from, or relating to, any asserted violation by you of any applicable laws and/or administrative regulations relating to the control of exports of commodities and technical data and/or any other breaches of this paragraph.

Miscellaneous

You may not, without Tradeify’s prior written consent, assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. Tradeify may assign these Terms of Use at any time, with or without notice to you. Tradeify’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless Tradeify agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and Tradeify with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Tradeify with respect to such subject matter.

You agree that any causes of action by you related in any way to these Terms of Use or your utilization of the Site must be brought within one (1) year after the cause of action accrues or shall be permanently barred.

Contact

If you have any questions relating to these Terms of Use, the Site or Tradeify, please contact us: support@tradeify.co

Notice and Procedure for Making Claims of Intellectual Property Infringement

Tradeify respects the intellectual property rights of others. If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide Tradeify the written information specified below. Please note that this procedure is exclusively for notifying Tradeify that your intellectual property rights have been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
  • A description of the intellectual property right that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner’s behalf.

Notifications of claimed intellectual property infringement should be sent to: support@tradeify.co