Terms Of Service
October 26, 2022
TABLE OF CONTENTS
1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. MOBILE APPLICATION LICENSE
10. THIRD-PARTY WEBAPPLICATION AND CONTENT
11. APPLICATION MANAGEMENT
13. TERM AND TERMINATION14. MODIFICATIONS AND INTERRUPTIONS15. GOVERNING LAW16.DISPUTE RESOLUTION17. CORRECTIONS18. DISCLAIMER19. LIMITATIONS OF LIABILITY20.INDEMNIFICATION21. USER DATA22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES23. CALIFORNIA USERS AND RESIDENTS24. MISCELLANEOUS25. SPREADABLEPLATFORM USE26. CONTACT US
1. AGREEMENT TO TERMS
The information provided on the Application is not intended for distribution toor use by any person or entity in any jurisdiction or country where suchdistribution or use would be contrary to law or regulation or which wouldsubject us to any registration requirement within such jurisdiction or country.Accordingly, those persons who choose to access the Application from other locationsdo so on their own initiative and are solely responsible for compliance withlocal laws, if and to the extent local laws are applicable.
The Application is not tailored to comply with industry-specific regulations(Health Insurance Portability and Accountability Act (HIPAA), FederalInformation Security Management Act (FISMA), etc.), so if your interactionswould be subjected to such laws, you may not use this Application. You may notuse the Application in a way that would violate the Gramm-Leach-Bliley Act(GLBA).
The Application is intended for users who are at least 18 years old. Personsunder the age of 18 are not permitted to use or register for the Application.
2.INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Application isour proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Application
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States,international copyright laws, and international conventions. The Content andthe Marks are provided on the
Application “AS IS” for your information and personal use only. Except asexpressly provided in these Terms
of Use, no part of the Application and no Content or Marks may be copied,reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
Provided that you are eligible to use the Application, you are
granted a limited license to access and use the Application and to download orprint a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Application, the Content and the Marks.
3. USER REPRESENTATIONS
By using the Application, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current,and complete; (2) youwill maintain the accuracy of such information and promptly update suchregistration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms ofUse;
(4) you are not a minor in the jurisdiction in which you reside; (5) youwill not access the Application through automated or non-human means, whetherthrough a bot, script, or otherwise; (6) you will not use the Application forany illegal or unauthorized purpose; and (7) your use of the Application willnot violate any applicable law or regulation.If youprovide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Application (or any portion thereof).
You may be required to register with the Application. You agree to keep yourpassword confidential and will be responsible for all use of your account andpassword. We reserve the right to remove, reclaim, or change a username youselect if we determine, in our sole discretion, that such username isinappropriate, obscene, or otherwise objectionable.
You may not access or use the Application for any purpose other than that forwhich we make the Application available. The Application may not be used inconnection with any commercial endeavors except those that are specificallyendorsed or approved by us.
As a user of the Application, you agree not to:
• Systematically retrieve data or other content from the Application to createor compile, directly or indirectly, a collection, compilation, database, ordirectory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features ofthe Application, including features that prevent or restrict the use or copyingof any Content or enforce limitations on the use of the Application and/or theContent contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or theApplication.
• Use any information obtained from the Application in order to harass, abuse,or harm another person.
• Make improper use of our support services or submit false reports of abuse ormisconduct.
• Use the Application in a manner inconsistent with any applicable laws orregulations.
• Engage in unauthorized framing of or linking to the Application.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with anyparty’s uninterrupted use and enjoyment of the Application or modifies,impairs, disrupts, alters, or interferes with the use, features, functions,operation, or maintenance of the Application.
• Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of anotheruser.
• Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Application or thenetworks or services connected to the Application.
• Harass, annoy, intimidate, or threaten any of our employees or agents engagedin providing any portion of the Application to you.
• Attempt to bypass any measures of the Application designed to prevent orrestrict access to the Application, or any portion of the Application.
• Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up a partof the Application.
• Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offlinereader that accesses the Application, or using or launching any unauthorizedscript or other software.
• Use a buying agent or purchasing agent to make purchases on the Application.
• Make any unauthorized use of the Application, including collecting usernamesand/or email addresses of users by electronic or other means for the purpose ofsending unsolicited email, or creating user accounts by automated means orunder false pretenses.
Use the Application as part of any effort to compete with us or otherwise usethe Application and/or the Content for any revenue-generating endeavor orcommercial enterprise.
6. USER GENERATED CONTRIBUTIONS
• The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to thecopyright, patent, trademark, trade secret, or moral rights of any third party.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings, orother forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.
• Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specific personor class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of anythird party.
• Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors.
• Your Contributions do not include any offensive comments that are connectedto race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Application, youagree that we can use and share such feedback for any purpose withoutcompensation to you.
We do not assert any ownership over your Contributions. You retain fullownership of all of your Contributions and any intellectual property rights orother proprietary rights associated with your Contributions. We are not liablefor any statements or representations in your Contributions provided by you inany area on the Application. You are solely responsible for your Contributionsto the Application and you expressly agree to exonerate us from any and allresponsibility and to refrain from any legal action against us regarding yourContributions.
8. MOBILEAPPLICATION LICENSE
Use License If you access theApplication via a mobile application, then wegrant you a revocable, non-exclusive, non-transferable, limited right toinstall and use the mobile application on wireless electronic devices owned orcontrolled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms ofUse.
You shall not: (1) except as permitted by applicable law, decompile, reverseengineer, disassemble, attempt to derive the source code of, or decrypt theapplication; (2) make any modification, adaptation, improvement, enhancement,translation, or derivative work from the application; (3) violate anyapplicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Application orotherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Application in a manner
designed to protect our rights and property and to facilitate the proper
WITHOUT WARNING, IN OUR SOLE DISCRETION.If weterminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of
any third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress. 14.MODIFICATIONS AND INTERRUPTIONSWereserve the right to change, modify, or remove the contents of the Applicationat any time or for any reason at our sole discretion without notice. However,we have no obligation to update any information on our Application. We alsoreserve the right to modify or discontinue all or part of the Applicationwithout notice at any time. We will not be liable to you or any third party forany modification, price change, suspension, or discontinuance of theApplication.We cannot guarantee the Application will be available at all times.We may experience hardware, software, or other problems or need to performmaintenance related to the Application, resulting in interruptions, delays, orerrors. We reservethe right to change, revise, update, suspend, discontinue, or otherwise
There may be information on the Application that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, andvarious other information. We reserve the right to correct any errors,inaccuracies, or omissions and to change or update the
information on the Application at any time, without prior notice.
THE APPLICATION IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLERISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF, INCLUDING,WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY
WEBAPPLICATIONS LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO ORUSE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKEWHICH
MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (6)ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT, ENDORSE,GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE APPLICATION, ANY HYPERLINKED WEBAPPLICATION, OR ANYWEBAPPLICATION OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU ORANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OFDATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALLTIMES BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESELAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOTAPPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
21. USER DATA
We will maintain
certain data that you transmit to the Application for the purpose of managingthe
performance of the Application, as well as data relating to your use of theApplication. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Application. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Application, sending us emails, and completing online formsconstitute electronic communications. You consent to receive electroniccommunications, and you agree that all agreements, notices, disclosures, andother communications we provide to you electronically, via email and on theApplication, satisfy any legal requirement that such communication be inwriting. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.You hereby waive any rights or requirements under any statutes, regulations,rules, ordinances, or other laws in any jurisdiction which require an original signatureor delivery or retention of non-electronic records, or to payments or thegranting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
SPREADABLE PLATFORM USE
The Spreadable platform has been created for and on behalf of customers ofTradier Inc. and its affiliates (“Tradier”). The information contained hereinis not to be construed as an offer to sell or the solicitation of an offer tobuy any financial instruments, where the term “financial instruments” generallyrefer to tradeable monetary contracts between parties including, but notlimited to stocks, bonds, options, futures, and options on futures.
The information contained in this Platform has been obtained from sourcesbelieved to be reliable but is not necessarily all-inclusive and is notguaranteed as to accuracy. The risk of trading stocks and options can besubstantial and each investor must consider whether this is a suitableinvestment for him/her. Past performance is not necessarily indicative offuture results. Persons acting on any information contained in this Platformare responsible for their own actions.
The services provided by Tradier may not be available in all jurisdictions. Itis possible that Tradier may be prevented from opening and maintaining yoursubscription based on your country of residence. If in doubt, please contact anaccount representative.
Any special rules for the use of other items provided on the Platform may beincluded elsewhere within the Platform and are incorporated into these Terms byreference. If you are a customer of Tradier, you may have additional levels ofaccess to the Platform. Your relationship with Tradier is governed by theseTerms, as well as additional agreements or disclosures that Tradier requeststhat you execute.
26. CONTACT US
In order to resolve a complaint regarding the Application or to receive furtherinformation regarding use of the Application, please contact us at: firstname.lastname@example.org