We are a provider of Foreign Exchange Trades. User accounts on our internet servers are subject to compliance with the terms and conditions set forth below.
By clicking the checkbox labeled “Yes, I have read and agree to the Terms of Service”, which appears in the registration page for this account, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to create an account, or to use our services in any way. By proceeding to create or reconfigure an account, you agree to the terms and conditions below.
This service account may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to our service, to your local jurisdiction, or any jurisdiction that you, your site, or your sales area may be subject to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying the Internet.
B. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
C. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component.
D. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes ( other than as expressly permitted by the provider of such information, software, or other material ).
E. Use your account to facilitate the sale of any information, software, hardware, product, or other material which violates any local, state, federal, or international laws which may apply our service, to your local jurisdiction, the jurisdiction of the consumer purchasing from you, or any jurisdiction that you or your site may be subject to.
F. Use your account to gather sensitive payment information from any internet consumer including but not limited to credit card information for any purpose other than the ethical use of such information to obtain payment in exchange for goods and service provided to said consumers.
G. Post, publish, transmit, reproduce or distribute internet consumer credit card information in such a manner as to readily expose such information to those who would use such information for criminal purpose.
H. Use your account in conjunction with any promotion or sale of goods by or for the purpose of Unsolicited Commercial E-Mail (UCE) or Spam. This includes the sale of lists of E-mail addresses or software to be used for the purpose of sending UCE or Spam.
I. While using our service, you agree to the following minimum standards for internet “e-commerce” (if applicable): a. Resolve your customer order fulfillment complaints against you in a reasonable and timely manner such that our service does not receive a significant number of complaints against you. b. Provide your customers reasonable access to contact information for your business such that they can contact you when orders they place are not received.
You agree to indemnify, defend, and hold harmless our service from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, our service, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account.
We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service without notice if you engage in any conduct or activities that we, in our sole discretion, believe violates any of the terms and conditions in this agreement. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself, its subscribers, or consumers of products or services sold via the shopping cart service. We reserve the right to refuse to facilitate sales of any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, or in violation of this agreement.
We make no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by us or our agents or employees shall create a warranty. We provide no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on or via the service is free from viruses or other harmful components. Under no circumstances shall we be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties’ use of the service to access your Web space, any other service we supply or are associated with, to access the Internet or any part thereof, or your or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with our service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on our servers, including but not limited to uploads done by you, that such information becomes available to all internet users and that we have no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of our service and the internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through our service or on the internet generally.
We will provide you a reasonable amount of technical support to assist you in integration of this our services into your website. You understand that the level, duration, and hours of availability of the support provided is determined at our sole discretion, and that providing any support does not constitute a warranty of any sort, nor does it warrant that you will successfully complete the integration of our service into your website.
We reserve the right to monitor any and all communications through or with our facilities. You agree that our service is NOT considered a “secure communications medium” for the purposes of the ECPA, and that no expectation of privacy is afforded.
You agree that you, as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with a current and truthful name, postal address, email address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any checks or credit card account that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent payment acts.
You agree to inform us in advance of any substantive changes in the nature of the commerce facilitated via our service, and understand that implementing such changes may cause us, at our sole discretion, to discontinue your service if such changes would cause violation of this agreement.
You agree not to maliciously or intentionally interfere with the proper operation of the system, including, but not limited to. defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by us, including restrictions on account usage, services available with your account, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of our service. You agree to abide by any and all future amendments to this Terms of Service.
You agree that the security of your account password is solely your own responsibility.
You agree that if you believe that your account password has been compromised in any way, you will notify us immediately via email.
You agree that you shall be held fully responsible for any misuse or compromise to your account for which we are not properly notified.
You agree that if any security violations are believed to have occurred in association with your account, we have the right to suspend all access to the account pending an investigation and resolution.
You agree that we have the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you.
You agree that any use of our system to facilitate sales of pirated software, illegal products or information, or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.
Your use of the service is at your sole risk. We are not responsible for order data or account configuration data residing on our servers. Any storage of such is strictly for your convenience, and you recognize your obligation to maintain your sales and order data on your own computer systems. You specifically agree that we are not responsible for storage of order or sales data of any type whatsoever for any amount of time.
You further agree that we have the right, at our sole discretion, to purge any and all order or sales data stored on our servers without notice and to whatever degree deemed necessary by us to free up space on our servers.
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail or other internet media. The use of our service, or any other service with reference to services obtained through us, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as “spamming” is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, to us, or to any other party or parties resulting from any such conduct.
11. PAYMENT ( if applicable )
You agree to allow us to take annual charges from your credit card for a monthly subscription fee, in accordance with invoices sent by us via email.
You understand that failure to honor such payment in accordance with the instructions contained in the invoice will result in account suspension. You agree that we, at our sole discretion, have the right to refuse to reinstate a suspended account regardless of subsequent payment attempts by you. by refunding to you any unused portion of your subscription fees and by permanently keeping specific information on our servers to prevent you from re-joining. You agree that we may charge fees, at our sole discretion, associated with reinstatement of an account suspended for non-payment.
You agree to allow us to take annual charges from your credit card for a monthly subscription fee, in accordance with invoices sent by us via email. …. CANNOT be used – Credit card company will audit this website and will not be happy about anything related to annual. We do not – and cannot – take anything over 3 months – and cannot make anything automatic
You agree that all subscription fees are non-refundable and understand the need to choose the subscription period carefully to meet your needs.
This agreement supersedes any written, electronic, or oral communication you may have had with us or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
The provisions of Section 2 (INDEMNIFICATION) and Section 4 (NO WARRANTIES) shall survive any termination of this agreement.
This agreement shall be governed by the applicable laws of the state where our Ultimate Auto Trader corporate offices reside. You agree to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by you.
By creation of an account, or continuing to maintain an account on our servers, you are stating and acknowledging that you have read these terms and conditions and that you understand such terms and conditions and agree to be bound by them.